Star.
London, England, 1801-08-10 00:00:00

and put into one hulk ; he meal-tired them by the
lawful Intlhel in the usual way ;he carefully attertd•
ed to the admrafurement, hulhcl by buthel.
ought to have been 14 bulheLs, or 63 tacks. He
found only lout chaldrons and three tacks, which
was a deficiency of eleven facies and two buthels,
or thirty four bilfhels and a half. He did not er-
p:et to have any (hare of the penalty.—On his
crofs-exarnination, he faid it was in the courfe of
the evening when he meitrured the coals, and lie
was anted by John Po: ekes, ThoMns Brown, and
Bilbop Burnet. The merchant was bound, if he
fold by Pool meafure, to deliver as he received I
them. When coals were fold by land meafure,
they were meafured by the bawl ; when by Pool
meafure, the mode was this 't
—there were a certain
number of perfons on board the fhip, who, by a
tackle, hauled up a certain quantity of coals in
bafkets, containing each Iliac bti(bels, which were
put into a vat, and fhot into a lighter alottg-fide
the veffel, containing rooms of five and ten chal-
drons.—Whoever purchafed a five was entitled to
the whole that was put into the chamber, which i
was five chaldrons, with the ingrain, amounting
,to three lacks. Notice was fent to the defendant
to be prefent at the meafuring. He admitted the
defendant fent nine facks the next morning.
Dun faid, he was employed by the de-
fendant to lead the coal ; they were taken out of
, two rooms. They were loadedfrom Mr. Peacock's
wharf.
ISerena other witneffes, who attended the ad-
. meaftnement and kept the tally, were examined.
1 They corroborated the faits above (Wed.
iMr. Scrjeant SHEPHERD, for the defendant, ob-
ferved, that his Learned -Friend was mitlaken in
laying be was on the point of having a verdict at
the former Affixes, had it not been lot the °million
in recording the plea. Tile fa& was, the cafe had
proceeded no farther than the examination of the
plaintiff's witneffes, confequently it was only half
heard, and no Jury could have been ready to have
given their verdiel till they had heard the whole.
This action was founded upon a very wife Aft of
Parliament, which he was ready to admit ought
to be put in force-for the protection of individuals;
but he trulted, that open the prefent occalion the
Jury would diveft themfelves of that prejudice by
which it was natural for all men to be aCtuated
againft aperfon who theywere told had been guilty •
of a fraud in the fate of that which was one of the
neceffaries of life; but Goa knew a Coal-merchant
would have hard meatine indeed dealt out to
him, if thole who tried his caofe fuffercd them-
(elves to be influenced by prejudice. The princi-
pal witnefs in this cafe was Mr. Biggs; and when
his Learned Friend afked him whether he was to
have a flare of the penalty? the anfwer was pre-
citify what might have been e_xpetted from him ;
yet he could not but ftrongly raped he was to have
a (hare, becaufe.otherwik it was hardly potlible
that a man flould have come into a Court of Juf-
tice with filch au irritation of nerves as he had ma-
Wetted in giving his evidence. He made this oh-
fervation for the purpofe of inferring that the wit-
nefs's agitation arofe fro'm the apprehenfion of his
portion of the penalty flipping out of his pocket.
The isettion for the Jury would be this :—Whe-
ther Mr. Buckland ordered hit fervants to fetid
the coals below meafure ? and whether, when he
had fent the two waggon loads, it was not his in-
tention to have afterwards 'fent the remainder ?
The fad was, his intention was to have done fo ;
and he fhould prove, that could the defendant
have obtained a cart he would have fent them that
night. The coals ought not to have been meafaired,
till the tranfaelion was finifhed, and the ultimata
delivery had taken place. He fhould prove that
the defendant had given orders at Peacock's wharf
for the full tneafure to be delivered, and antes the
Jury onutd believe be had tent in the two wag-
gons all the coats he meant to fend, he was intitled
to their verdict in his favour.

James Newbury (aid, he worked at Peacock's
wharf, and remembered the defendant's ordering
five of coals to be fent to Challender. They
were loaded and fent in two waggons, and the next
=mini nine lacks more were fent, which would
have been done the preceding evening, if a cart
could have b:en procured. By the anfwer of the
witnefs to a quellion put by Mr. Gilt aow, in crofs-
examination, it appeared the defendant was not a
regular Coal-merchant, but a fort of middle-man,
or, as be was termed, a jackall to the real dealer.
Two or three other witneffes were called, who
repeated the dory of the defendant's intending to
have fent the remainder of the coals, if he 'could
have got a cart. Upon their crofs-examination,
it turned out that the coals were meafured from
different rooms, though the purchafer was entitled
to have them from the identical one into which
they were fhot from the (hip's fide.
Mr. Janice Gaoss, Paid, if the Jury entertained
the leali doubt upon the cafe, he would allow the
plaintiff's council to reply.
The Jury were of opinion, there was no neceffity
far it, and immediately returned a Verdia for the

• On Friday afternoon, a Gentleman and Lady
were overturned in a whilkey, in Blackfriars road.
The Gentleman Efcaped without injury, but his
wife unhappily had one of her eyes nearly forced
out of her head, and was otberwife much bruited.
Wednefday, a private belonging to the Sorry.
Militia, was apprehended on fufpicion of being con-
cerned in permitting the efcape of fix Frenchmen,
from the Mill prifon at Plymouth : the whole were
again retaken, and brought back by the vigilance
of three privates of the Royal Lancafbire.

At Worcelter races on Tuefday, Nogales, one of
the horfes, run out of the course, and unfortunate.
ly againiL a young woman with•an infant in her
arms; the mother of the child had jail given it to
her to hold ; the child's head was fo injured, that
it expired loon after : the young woman lies very
dangeroufly ill. The Coroner a Inquel brought
in a verdia of—Accidental Death.

Thorfday laR was conveyed to Nonrich hofpi-
tal. Henry Hay hoc, of Earlimns, dreadfully rrulh-
ed by a waggon going over his back, of w►ich lie
died the mu