The Sun.
London, England, 1803-02-16 00:00:00

PORTSMOUTH, Fin. '

Tuts day His Majesty's Ship Apollo, went out
of the Harbour to Spithead, having been refitted.
Arrived the Fenvky, AND eßsorr, Hope, WtN.
?Ea, and William and Henry, HILL, from Ply..
niouth ; King Alfred, MAtvrtN) from Lyme; and
.44V, THOMAS, from Carmarthen.

DEAL, FEB. 15.

Tut Honourable 'Easilntlia Company's Ship
Eiphinstone, fur Bombay, came down from the
Psiver this morning, and she remains with the
1/7a/pole,

1
Yeaterday advice was received at the East India
i douse, of thoertival at Portsmouth of His Majcs.
tY's Ships Intrepid, La Pirsinie, and La Ch; ran,
ran,
from India. They left Fort St. George the i
mddle
if Oftober, and sailed from the Cape the i ztb De.
cember,
La Chifrair spoke to the Sovereign, extra ship,
hotnewardbounci, off the Western Isles, all well.
The extra ship Devaynes, outward.bound, had
arrived at the Cape.
Private Letters from the Cape, dated Dec. sa,
state, that the Dutch Fleet had not then arrived;
nor had any orders reached the Settlement for its
evacuation by the British Troops.
The Imogene Sloop of War, which sailed from
Plymouth for the Cape on the last day of Odober,
with sealed orders, had not arrived when the above
IVlen of War left the place ; but it is supposed she
got there before the end of December.
Yesterday se'nnight sailed from Leith Roads,
the Ilar,y Sloop of War, on a C'ruize.
On Wednesday sailed from Leith Roads, for
from
Leith Roads for the Notre, the ilmethyit Fri.
Rate, capt, CAWBELL. Also sailed on a cruize
the M; Gun-vessel.
Same day sailed from Leith Roads to the South.
ward, the Courant Gun-vessel.
Mr. NewmAy, of Dartmouth, has contracted
with Government to build three large Frigat,:s ,
dind Mr. TANNER, of the same place, has also con.
trataed with Government to build two Cory fttes
441 a Sloop of War, at that Port, all to be coin.
Pleted in fourteen months from the date of the said
euntrika.

The Duke
of NORTHUNiBERLAND gave his an.
of so guineas to the Poor of St. Mar.
tiros in the Fields, on,Thursday last.
.ThedMarquis of LORNE, according to report,
"is
Y 'll loon be honoured at the Hymeneal Attar with
1.1,e fair hand of Lady M. TALOR, daughter of the
Marquis Of HIAUFORT.
The Duke of MARL BOROUGH has disposed of his
peat estate at Holdonhy, in Northamptonshire, to
is son-in.law' Lord ViSCOWViscountCLIFUEN, for se.
venty thousand pounds.
The Hon, Colonel Bu tt,Tow, brother to the Earl
of CobvNettAbs, is arrived in. Town from Rams.
gate,

Mll. BILLINOTOIV 13 30 much indisposed with a
"Itt• that she could not attend the'Rehearsal of the
Concert of Ancient Music on Monday morning.—
Miss TItNNANT rehearsed tiorne of her Solos.
Capt• cmjLl►teL4, we understand, is upon the
lIAILpay of the Guards; but though upon thafipay
in the Army, we have no doubt, but be will be al.
ways upon Fid4pety on the bogs,

cALcurrA CAghtE EgTRAOkbiN.l.Vil

MONDAY, AueesT 13, tSciii.
I'ert 14ugus123, 1161.

The GoVernor,General in Council k pleased' to publish
the following Declaration which His Excellency the Most
Noble the Governor-General has addressed to the surviving
Relations and A ttentlants of the deceased H A 03 zaIcuuLLEEL
KitAuN, Ambassador to the British Government from His
Majesty
.the K i NG of Put s n A, and a Translation of which in
the-Persian language has been transmitted' to Bombay-, for the
purpose of being communicated to the Persians: attached to
the Embassy.
N. B. EDI'vrONSTONE,
See. to Govt. Scv. Pol. and Fur. Depts.

DECLARATION OF LUIS EXCELLENCY THE MOST
NOBLE THE GOVERNOR-GENERAL, &C. &C. &C,
ADDRESSED To THE SURVIVING ABLATIONS
AND ATTENDANTS OF THE DECEASED NAVIES
KHULLEEI. KHAUN,, LATE AMBASSADOR FROM
HIS PERSIAN MAJESTY TO THE GOVERNOR-GE.
NERAL J COUNCIL.
" The solicitude of the British Government of India to
strengthen and improve the relations of amity and honourable
alliance with .His Majesty the King of .Persia, has been
manifested by the most ,signs 1 eels of systematic policy,
and has been publicly acknowledged by all the States of Asia.
The peculiar splendour of the Embassy which conveyed the
testimonies of my respea and attachment to His Majesty's
presence; the extraonfinsry honours with which His hlayes.
ty's Ambassador was received, under my express orders. on
His Excellency's arrival in the British territories t the zeal
and assiduity displayed by the Government of Bombay, and
by all ranks of British Subjcdts at that Settlement to con.
ciliatc the good-will of the Persian Ambassador ; and the
public preparations, concluded under my immediate and, per.
sonal direction, for His Excellency's reception with the most
distinguished solemnity and honour at the seat of the Supreme
British Authority in India, have attincled sufficient demon.
s melons to the world, of my high consideration for the dignity
of the Persian Monarch, and of my uniterm intention to
.evince that unalterable sentinient towards the accredited Re.
presentative of his Royal Person.
".Reviewing these incontroirertible testimonies of my
anxiety to establish a •friendly and honourable alliance with
the power of Persia on the most solid timitcletions, His Ma.
jestv and all the States of Asia will anticipate the deep at.
tiiefion anti anguish of mind with which I have witnessed
'die sudden interruption of our bright and happy prospects by
"a'clisaster, which as far eluded the scope of human prudence
. and foresight, as it surpassed the ordinary extent of human
- calamity, and the common vicissitudes of fortune. To this
awful dispensation of Providence, I submit with resignation,
but not Without hope.
" In the-inost painfel moments of my disappointment and
grief, I have derived considerable consolation from the re.
section, -that as I have hitherto assiduously employed every,
possible ettbrt to cultivate a lasting friendship and harmony
of interests between His Persian Majesty and the British
Government, my amicable sentiments have been uniformly
returned with equal cordiality by the auspicious disposition
of that illustrious Sovereign.
" A dreadful, unforeseen, and uncontroulable calamity
has intervened to afflict both States with mutual sorrow and
consternation, and to retard the completionoftheir reciprocal
wishes ; but not to suspend their established friendship by
groundless jealousy and unjust suspicion; not to frustrate
the and propitious result of their united counsels; not
to destroy the fruits of their mature wisdom and justice; nor
' to dia'solve those sacred engagements, by which they had
cemented the foundations of durable concord, secured the
channels of free intercourse and beneficial communication,
and enlarged the sources of their commun safety, prosperity,
and glory.
" Entertaining a due sense of the value and importance of
those engagements to both Suites, I shall pursue, with un-
saubbaleid,t
icnegn filc,.lreenactieesanadre rittenrisnedveedra.ialene,d
the apnollicicay4leenawndhiecahritet
exertions by which they were obtained. The pursuit of this
course cannot ultimately fail to attain success. The calamity
which we have suffered is a just subject of lamentation ; but
its consequences are not irretrievable. Prom the reciprocal
condolence of the two States may arise new motives of com-
bined interest and additional securities of amity and alliance.
A zealous interchange of the offices of humanity, a concur-
rent sense of common sorrow, and the conscious certainty of
mutual sincerity and good faith, may lead to a more intimate
union of sentiments and views : and the temporary suspen-
sion of this important Embassy may tend to ensure and im-
prove the benehts of our eau:it connexion.
di Supported by these hopes, and relying on the justice and
integrity of the principles and motives which have actuated
the British Government, I trust that the progress of oar re-
newed intercourse with your illustrious Sovereign will
gradually obliterate the remembrance of this fatal and un-
pStalleled disaster, and will amply compensate to my mind
tor its sated distress, by the final accomplishment of the sante
salutary plans of policy which had rendered a personal inter-
view with your lamented Master the object of my most cor-
dial wishes, and of my most anxious expectation.
" To repair the severe loss sustained by his untimely de-
cease; to demonstrate my sincere respect for his memory,
and my unfeigned regret that he should have fallen by a
violent death, within the British Dominions, and in the im-
mediate exercise of tuations, which the laws and usages of
all civilized nations. have rendered sacred, it is ray primary
duty to administer to his surviving Relations and Attendants
every office of humanity and friendly compassion, every
attainable comfort and alleviation of their just grief, and every
possible compensation for the injuries .which they have sta-
le red
" In endeavouring to discharge this duty, I have selected
an Officer, who was recently vested witli the honourable
charadterof Envoy from this Government to the Court of
Persia, and who now occupies the most contidential station
in my family.
" That Officer is dircaed to proceed immediately to Born.
bay, and to alibtd you, in my name, such effeaual aid and
assistance, and such testimonies of affbaionate cornmisera.
time as may tend to mitigate your sufferings, and console
your affliaion.
" With the same views, I have provided the most speedy
means of Offering to your Royal Sovereign the reSpeaful ex-
pressions of my sincere condolence on this' disastrous event,
and of concerting with his Majesty such measures, as may
condadt the, Embassy to its original purpose, accelerate the
favourable issue Of every depending question, and confirm
the subsisting relations between the two States, in the con-
ciliatory spint of the recent Negotiations, and on the basis of
the Treaties already concluded.
(Signed) " WELLESLEY.
" 11;1 William, "lug. 17, igoz.
" By comMand of His Excellency
The Most Noble the Governor General, fee.
" N. B. EDMONSTONE,
"Secretary to Govt. ace. Pol. and For. Depts.'ii

Yesterday the Purser of the Hon. East India Com-
pany's extra ship the &verde, Captain GILBERT
MITCHELL, arrived at the India House with his
Dispatches from the Government General orßen.
gal, which Presidency she left the latter end of
September. The Sovereign has brought nothing
new. The letters received by the overland dis.
patch last week having ,anticipated the contents of
later ones. It is: not stated when Marquis Wet..
I. Est. a y was expeded to leave India.

Yesterday the Lortv MAYOR, after investi4nting
the Mealweighers' Returns, ordered the price of
Bread to continue the same as last week, viz. at 94;
the Quartern Loaf.
Capt. W`, of the Navy, whose accident from
a foil in fencing we stated last week, we are sorry
to add is dead, in consequence of that unfortunate
accident.

A man of the name of jimmat, but who calls
himself Taylor, is in custody for a varlet', of for.
genies Qll the Norwich, Stosyniarket, and Ely
Banks ; several spurious notes of which, he has
contrived to put in circulation : he was traced from
Chelmsford, where he got three fargedStowmarket
notes,exchanged, up to London, and on being ap-
prehended, immediately confused the derreations
he had committed,

TO till EDITOR b r.` T-lIE tiN:
aunty Gad, Surrey, rd.;

311/

liv cot-tier/nen& cif sot e ertorticitts Statements
which have appeared, in the. Pally Prints, respecting
the manner in.whidt Colonel Desparil and the tither
State Prisoners are confined, I feel it a duty I Owe
to the Public to convey, through the medium of
your Paper, a correft statement of their situation,
and mode f confinement, viz. .

Colonel Derpard is confined on the attic story, in
the same room as before his trial : it is st hoarded
floor, 3o feet square, with three large 'windows
framed and glazed; and a large: fire constantly kept
—his Wife attends hiin daily.
On the middle floor, underneath the Colonel, are
confined in 'a room of the same dimensions in every
particular, with a good fire, Thomat Newmani
Da-
niel Tyndall, Thomas Broughton, lames SidgeTiliik
[Fre:teen, William Lander, Arthur Graham, and'
John Alezenamara ; and their wives and children are*
permitted daily into the room to see them, but no
persons for curiosity.

,
In the same range.of building are, coil tiled, in rile
middle floor, in a room of the same dimensions, with
a good fire,, jam Francis and Jahn Wood, whose
wives arepermitted to see them, as before desc;ribed ;
and each of the said Prisoners is allowed 17s. 6il. per
week for his subsistence.

J. IvEs, Keeper.

CORN FE n. 16.

Tfraua not being'sufEcient time since the frost for
arrivals of Grain coastwise, there are scarce any ftesh
samples at Market, and little business transacted ;
great supplies are daily expeeted ; we have 1 toler_
able show of Barley, but cannot quote any material
variance of prices, since our last currepoy.

Wheat itss asoaOs od Tick Beans - 28; a 33s od
Fine ditto - sgs a 6ts pd (Nts - - tss aas a zis
Barley -2.3 s a 24, of Poland ditto ais a' 23S od
Malt - - os a 45$ od Rape Seed - - 3 El' a „341
Rye - - 3aa a 356 od • Fine Fl9ur ... 45$ a 49$ od
white Pease 33$ a 39s od Second do - 405 4 45$
Beans - 3ts a 36s 6d

Paris is, we understand, at the present time,
particularly unhealthy. The air is loaded with
vapours of the most, pestilential kind. By private
utters from that City, we learn, that two experi,
ments were made last week, the one by sending up
a dog to a certain height in the atmosphere, which
came down dead, and very much, swelled,; and af.
ierwards,another experiment was made, by' sending
up ,a piece of "raw meat, which was brought' down
in a state of complete putrefaelion.
General MOREAWE late Supper in Pari% was one
of the.most. superb Flier ever seen in that Capital.
The company invited consisted of sixty persons,
and they all attended. Among the guests there
were three Englishmen. There was an attendant,
handsomely dressed, behind the chair of every per.
son present. The Supper commenced at eleven, and
there were three courses, besides a magnificent des.
sect. The whole comprized every thing rare and
delicious that could be procured. The entertain.
ment posed off with great cheerfulness and unit_
fitted freedom. MOREAU himself was very course.
ous and open. l-/e spoke of BONAPARTE as a great
man, and prondunced him the first General in Eu:.
rope, " but,". says he, f, we differ materially in.
Political subjeas, particularly respeaing the Eng.
lisp Constitution, which I consider as the wisest
system of Government that human wisdom ever de.
wised." Our Readers ,may confideiiily rely on the
truth of this article.

We understand, that a complaint in the eyes has
become very common, owing probably to some.
thing prejudicialin the state of the ?Nunosphere.—
Amongst others; we hear, that Lord NELSON has
been much afliiiled with it.

MATTOCKS, formerly a popular singer at Covent.
Garden Theatre, and the husband of the respeA.:,
able Actress now at that place, is at present the
Ming Manager of the Edinburgh Theatre.
COOPER, the Ador, who has acquired so much
fame on the American Stage, is said to be a Nephew
of GonwlNl the Writer ; but we do not hear, hat
he is a convert to his Unele's,system, in Religion„
Moult's,. or Philosophy. COOPER displayed no
small share of • intelligence and judgment when he
performed Heiwiet, a few years ago on the Covent.
Garden Board's ; and it is very probabl4lhat time,
reflation, and experience, have matured, hirn into
an Mior, likely to be highly ornamental to the
British Stage.
The late. Mr. Aortal., the Artist, was the most
successful Portrait-Painter of the present time. His
likenesses were remarkably exati. Indeed, in this
respeß, there is hardly one of his competitois, that
could rival him in fidelity. This was the essential
recommendation of his Works, though they were
otherwise by no means wanting in professional me-
rit, He, like ROMNEY, never exhibited his pic.
tures in the Royal Academy, but his reputation
was so high for, making accurate similitudes, that
private recommendation alone enabled him to 'derive
a large fortune froM his pradice, He had,' fora
few years before his death, sureretl under an intel4
leetnal malady, which 'prevented him from prose.:
cuting his profession.

Lord HOLLAND'S treat last week at Kensington,
and the Marquis of AsEitcORNIR Gala ou the Ice,
are two reports of the fashiGuahle Printi tho. are
totally without tlaundation; and so indeed are most
of their accounts of Erarrtainmeirts among parties
that perhaps never saw one another, and were rer.
tainly never together : yet John Bull likes to hear
what is supposed to be doing among /cope fa.
'Non.

The following light Paragraph, alluding to a late
conflagration near the Templer appeared in a, Morn.
ing Paper, a day or two ago. " The Lawyers were
all fearful of an immediate Ejeiftment by the Writ of!
J,trg fatias." We did not know before that a Fieri'
facial had any thing to do with im'iliMmoit.
On the 26th ultimo the corpse of Mr. JAmt
TVA a atiLt., of Berwick.upon.Tweed, altorney.;,r.
law, was found washed ashore at Spital Point, at the
Mouth of the Tweed. fk had been ten days miss.
ink tii* kis h deeply itegrryttede '

:LAO' REPOki:

.......a•• • a o.A 4,'ZR,.•••

COURT OF Kt: o;'s BENCH; tr.P. 1.
Sit TINGS BY.roitt t tD FL/ CU itr.it

1.0:4 110 N

COAL TR,A.DIi.

PARISH, QUI +AM, THOMPSOk, ANDOTHEaS:.
11/Ir. Geateow stefedi :that this Was ah. acticiri is
recover 3°4 be*e the amount of several penalties'
on the Statute:of:Geo. II: against the llekndantsi
Messrs. Thompshn and Co. Coal Merchentsi Ow:
having sold to Mr.'Maryatt, who keeps' the Guild.
hall Ceffee house, ten Chaldroo of Coals;
Measure, inclUdingthe Ingrain,,but which wete
livered short 'of, that measure by 18 bushels, upoe
which there was a :penalty 0(1001. ' Other cciitit.
stated ilic matter in ':Mothee' say, esitherebj, other
penalties were incurred. This was recise In which,'
lie said,: there v.ras a Fraud committed in 'the
Tradee..,atrade, in which there were fraudt
Mitred to the runt enormous Magnitude; andeilarrie
ecng.e?4ent, This Was a case like that Which Was •-•
teiedreseerdaY,-in'Weatniinster-fiall, and it 10,es to
recover 'several penalties, all Which Ife
alit to the Noble and Learned Nage.. upon five
',Bench,' in point of Law, after satisfying the jury •
upon the fa&,- the 'Plaintiff' was entitled to teco'ver..• •
This ciiiitiaa was not
.fe'r lite delivery of the'Coels
by
,the Wharf, but by the Pool Measure, and 'ln -,
'loch,, lie 'said,' there was gielt fraud conimitted
by these Defendants, through the means of Their
Agefitse.and the extent of the fraud would astonit+
every one whO hiard the case, except thoseye
%r hod like himsetf, had ;occasion to be:intimately ate
quainted:withehe CoaLteade. The'f,lfehdantS here
contraned tOdeliver ten cheldroi-ote of Cos le;14-gel
'Measure, tyth-the ingrain,' srais red cheldrOri‘
and'a half by whart measure; but they deliver
them eighteen bushels short of that Measure.: Uporf,''
this several penalties attached, as he Should sObinie
to his Lordship • but if his Lordship shourd"beenf
opinion that only onepenThy attache,' I, hOheirlde
'as it was• hii duty, irrueediately acquiesce.' 'Mr.e
Maryatt, who keeps the Guildhall Coffee-hear; ale-
plied to the Defendants for ten chaldrons o 1 Coals,
Pool measure.. , -ro•such a house it'wac'of eenSide-
table importance to .be fairly dealt by with the
coal-merchant. TheSe coals were delivered to Mr.
Meryatt, who,,frotil 'Onversatlon with a friend; had
some reason to suspeCt that he had 661'his lull
city, and eherefore hefted them re-measured by the
proper officer, when it appeared that they Were de=
ticient by eighteen bushels ; and Therefore, itecerde
ing to the words of the Statute, thq,were nett juStlyt :t
aed honestly :delivered to the buyer'; and that-the
law of England, and common sense, declared this to•
be a fraud, Int which the Defendants were bound
to pay the penalty of the law. Here Mr, GA!l.4.',
ROW described the mode of !eluting coals out of the
ships in the Pool into the barges, and carrying
them to he wharf, and then delivering theta tit
the buyer, and in which 'he said there; weee •
enormous frauds ; on the: alarming circa of which
he made many comments; and concluded With
observing;, that when this case was proved; the
Jury 'would lend their assistance to beat &Pert
these frauds and abuses which were growing uport
the 'Pubic, and which had now begun to be the
subjeft of investigation in Courts of Justice. It
then' appeared in evidence,' that Mr. ,Marj:att order.. •
ed of the Defendants, Messrs. Thompson; Hartwell
and Monkhouse, ten chaldron of Coals, Pool tnea
sure, and they were sent 'to him as bile!), and that he,
afterw;ards caused them to be 're-measured after hay.
big used about. four bushels of theca; hut when he
determined on blaring them re-measured, he locked
and sealed them up,:so that there could be none
brought to, or taken away from niece. - •
Francis Bigg said, he was Dqitity Meter of
Coals for the County. of Surrey;. that he had notiei
to'inake the re.measurement of these Coals, which
he did, they `should have produced 3.7 S bushels, but
they were 18 bushels and an half short, They were
all measured under the inspOlion of the witecs,4
who was a Sworn Meter ; and they were measured
fairly as between man and man, as between Buyer
and. Seller, ana he was,. quite Sure they were
bushels short of the quantity they ought to, bee
The Witness was quite sure of this, fur he never
moved an inch from the busheNvhile he wes,ruea.
swing the Coals. The bushel' was the, bushel of
Often Anti, which is more by a quart than the
bushel of King. Charles .11, which is commonly ,
called the Winchester bushel, fie, was not present
at the second measurement, There is :no bushel in
use but that of Queen., Ann" that knew of.
Rubertitieherdson, another Coaletne ter, gave e vie
dence to the same effea as. the last 'Witness, so that
there was no doubt left that these coals were short
by 18 bushels, which was Just the difference bee,
tweetetheingrain amid the commoremeasure,
Mre.EasKtNe, on the pare of the Defendants; ,
admitted, that Coale were among the artie/es which .
were of.,the first. necessity among us, and, the'ree
toreehe-deplored the efkk ot,freuus in the delivery,
of them, espevially,on:ehe poorer classes of the eon).
munity ; but lie-maintained, that in this,easei the'
Defendants were no partieS to the cheat, if any
cheat there was. in the delivery of thesecoals, fur
that in truth he -,Defendants were the buyers of
these coals of the owners at Newcastle, and they;
delivered to Mr. Meryatt all the quantity of Coati'
which was deliveredtuethene and that if There was
any cheat !in - the 'case, the Defendants •ttere:
no
parties to it. He contended, therefore, that the
Defendants wore not liable in the penalty of this -
Ad of Parliament I that the penalty. attached only
on those who should fraudulently. deliver there Coals
to the buyer thereof et the Pool, The buyers thereof
at the Pool .wete the Defehdants, fotetiley were
buyers of the owner, and afterwards sellers to Mr.
Meryatt. If any fault attached, it was io the oft.
ginalSellet4:Ageitt, ov in the Meter ‘t ho attended
the metinron. board o
the ship. In truth, there w
a mistake. or misapprehension in this case, as to ;he
applicability of the 444 of Paritarneet and 'the:
contusion:, arose from mating, this a prealty against
the Defendants, whereas it. should have been an
anion upon the contratl for not deliveting the Van-
tity they, undertook to deliver; bur as to the pt ii 4 It y
that could be recovered only of Those whosfraulue
lently delivered the coals, and if any party mud ire.
that situation, it must be thoOwnets, who,it there
walk any,fraude were the only patty who were guilty,
oheetvede that this WAS die imaning., as be

detstuoti it, E the. Legiwiatute in passing these
LaWs for regulating the Coal Trade ; but he said
that 90 many Ads of Parliament had past uonthe
subject, some of them repealing, some re'iving,
and some altering the former ones, that it was a
difficult matter to know.what the Law now really
was upon this trade ; and he maintained, that unless
the 4,egislature interfered, it would be impossible
tor this trade to be carried on, for no Man, would
krow what he was subjed to in the sale of Coals
even in doing this, . the Legislature would do well
to ask the opinion of the Judges srnl other, persons,
bet Ore it attempted to make any new Law upon
this most important matte'. He should, in this
case, however, prose, that the Coals were deliver.
ed of the full measure'; that the Meter on board the
ship w(bld prove that these Coals were meted front
the ship into the barge in the regular manner, and
that they .were carried from the barge into the Wag.
gons, and from the waggons to the house of Mi.'
Mary:lu ; and this he should,do by the servants of
the Defendants, ,who were employed in this Veiy
business ; and, 'finally, he ,should prove' by rWd:
sworn Meters of Ciry of London, that they re.
measured the Coals, and that they wanted only five
bushels, and Mr, Ivraryatt, had used four bushels,
so that there was the 'full quantity of Coal's deliver-
'ed, and there must, lie Some luist;ikt in the first re..
measurcraepti and that was so, theie must be a
verditi; for the Defendants.
Thq Coal Meter on board the ship swore, that
the Coals were meted in this case as 111 all Othersi,
with petleCt corre4tness, and without any fraud ;
and the, Defendants' servants swore, that all the
Coals intended fa Mr. MarYatt, were carried and
delivered to him. But one of them 5,14, on truss,
examination, that the baige of. his master, into
which these Coals were put, hatf,several chambers
in it, that in, the middleThell to ehaldron and a half,
and one at one end, and the other at another end,
held five.and a quarter each. That one of his 'MIS..
WS, Alfr—Monkhouse, had ordered them to take
the two rooms, from one end anti the other, and de-
liver them to Mr. Maryatt, although the middle
Loom, which was quite full, contained exaftly the
„to ebaldron ima'an half, whiCh Mr. Maryatt had
bought, not did any one of the Defendants' servants
know what became of the room With the to
drop and an half. •
Two Sworn Meters of London, swore, that they
re-measured the Coala at Mr. Maryart'shouse, and
that they, found in, the cellar, .330 bushels,and an
balf, and in the kitchen 42 bushels' so that the
ficirocy was only five bushels, and Mr, Maryatr
had used fOur of them ;•••••••so tjiat, aCTOICIIIIg to this,
there was a delivery of the full quantity : --;the Coals
were sealed up befnre the first re-mearuretnent* but
before the second, they had been left open.

Mr. GARROW, in reply, contended, that this
was • one more of these 'numerous frauds pradised
in the Coal Trade, which it was. the,objed of these
trials to put an end to, and he hoped, they
would have a good aft& .by teaching these Coal
Dealers a lesson, that their frauds are a losingpur.
suit 'to them, fnr that he expened the
,Books of some.
of these Milers in Coals would, at Christmas next,
contain a hew Frauds conimiitdd
.on
Customers, by. selling by Pool
,and &Meting by
Wharf Measure,
,Debtor 20001." Per Contra--
" To the amount.of Ve-rdias f+r Penalties on such
Frauds, and Attornies' Bills of .Costs and Chargei,
25001."-.-And then, at the foot of the Balance
Sheet, the best: thing that could. be written, , would
be-.-N. B. " Honesty is the best policy."

Lard ELLtXBOROLIGIi said this was an anion
brought by Edward Plaid), who sued on the Statute,
to recover penalties of the Defendants, •for not hay..
ina delivered coals according to, the provisions of
such Statute ; and he. should (tired the attention of
the Jury principally to the first count in' the declara.
tiara; for he thooght, upon the evidence, it would be•
pritpar for the Jury to lay our of their consideration
the three other counts. The first count charged the
Delendants with not having 'delivered ten chaldrons
Pool measure, 'which they were bound by law to de.
liver without fraud, to the buyer. The first thing
for the Jury to consider, was whether Mr. Maryatt,
the Purchaser in this case, bad his full quantity of
coals, according to his agreement with the •De!
fendants, which was a plain question of faet...—
SecondlY, if they thought he had nor, had.. he, by
the fraud of the Defendants, or by the fraud of other
persons been prevented from having the •full quats.
tity delivered to him. The last question started
wits, whether in point of Law •the Plaintiff was en.
titled to recover in this ease ? Now, his Lordship
said, 'that the diretlion he should give to the • Jury
in point of Lao, was this i if the purchaser had not
had the quantity of Coals he bought justly deliver.
ed to him, but was prevented by fraud, in that
ease the Plaintiff would be entitled to 'recover; and
hls Lordship said he was perfcilly clear, that if any
part was witlaeld by any fraud from the buyer, the
ylAirttiff was entitled to recover ; and he would
have the jury broadly and plainly pronounce their
opinion on the sobjeek, whether 'any of these Coals
bad been with,held from the purchaser by the fraud
of any other person whatever ; if not •by any
fraud, but b a mere mistake, he 'would not
advise she jury to find, a stadia against the
Defendants, for the non.delivery of the quan.
tiny purchased, although it was ' hard: to say,
how it could be delivered short without .fraud,
considering the mode of measuring prescribed by
Law, and which the Defendants' witnesses,swore
was followed in this case..—[Here his Lordship re.
cited all thelvidencei—antt then proceeded to ob.
serve, that if. the Jtrey believed the evidence on the
part of the Plaintiff, the Coals were delivered :8
bushels short of the proper quantity, as uppeareti
by the first le-measutement. On the' second re.
'measurement there was a difference, for by that
the quantity was almost exattly right, but it.was
observable that on the first the Coals had been
sealed up, so that nothing •could have been taken
'from nor added to ahem ; whereas access being had
to them, which was manifest by some of them be.
jug brought. into the kitchen, it was possible that
some might have been •added to them—riot that his,
Lordship accused any body of this, but the case was'
capable of 'receiving this interpretation, by way of
accounting for the difference between the Witnesses.'