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

LAW IVTALLIGENCE.

SURREY ASSIZES.-CROYDON, AUGUSTS.

BURNET (pi tarn O. SUCKLAND.

FRAUDS IN THE COAL TRATIF.
This was a pi oam aftion againll Mr. Buckland,
a coal merchant, to recover a pen thy of tool. f
felling coals a.: Pool meafure, which were not of
that ileaription.
Mr. Gaaeow,in opening this caufe, fail, he felt
himfell entitled to that which he was fore of ~b
Limning, the attention of his Lordfhip and the Jury,
while he difclofed the circirmltanccs of a ea:a. fo
important to the public in every point of vicar. At
the lad Affizes, he had got the whole length of ,
proving this cafe ; he had fubjefted his witneffes
to the whole artillery of his Learned Friend's crofs-
examination, and was on the point of recovering
a verdict, when, it was difcovered, that the plea
of the defendant had, by mete accident, been
emitted to have been entered *the record. The
plaintiff was, therefore, under the necellity of
coming down to the Affixes again ; but no length
of time could be deemed toe long, no eapence or
trouble too much, in bringing forward a cafe, in
which the public were interelled ; and where the
objeft was, to protect that public againft the mod
fcandalous fraud and impofition. 'When he firll
opened this caufe, he did it with &me degree of
referee, becaufe he could hardly perfuadehimfelf,
there mull not have been fome millake in the in-1
firuftions he had received ; but he now Should
open it without the legit -degree of referee, for it
had been proved, aP.J would again be eonfirmed, '
to contain a charge of one of the molt grofs, infa-
mous, and impudent frauds, ever praftifed. He
pronounced it fo not loofely, adopting his own
language, but that of Mr. Jufticc HEATH, who
presided at the lad sallies ; and, to rife another
plitafe of the fkme learned Judge, it was ajfiakitig
fraud, douMe-kakheii. We lived in times of the moil
fcandalous impolture—we lived in times when one-
half of mankind appeared to ezill for no otherl
purpofe but to be the dapesof the other half. We
daily law in the public papers advertifementsfrom
men who difintereftectly offered'to advance 50, too,
or toool. to any body who would merely be at the
trouble of a&.ing for ; and the refuh of attending
to fuch invitations generally was, that the credu-
lous party found himfelf ddended of that fecurity
which he Was induced to give in eapeftation of a
fupply he never received. In like manner we few
perfons concerned in the coal trade advertifing to
fell their cußomers thiween lacks to the chaldron
pool meafure, or, id other words, the full ilea-
lure the merchant received from the Nee/cline
trader. He advifed mankind to be cautious how
they dealt with thole who profiled to fell more for
the famemoney thandwir neighbounriforit always
turned out that the buyer received lefs. The fair
trader had his rent and tastes to pay, and his
family to keep ; and he could twit do this bat by
the reasonable profits attached to his trade : thofe
profits, however, mutt prove inadequate ; in left,
he could not carry on his trade at all, if his nest
door neighbour was enabled, by falfe pretences,
to underfelt him. The way the coal merchants
who meant to defraud the public went to work
was this : there was an wholefome aft of parlia-
ment upon the fuhjeft, for it was the bufinefs of
the legiflature to detedt and prevent frauds, which
provided that there Should be a penalty on every
perltin who .profeffed to fell coals as pool ourafure,
an. did not do fo. When 4 cargo was unloaded
from the Ship into a lighter, it was divided into
room or chambers, each containing five chaldrons,
with what was called the ingrain. Thefe were 1.11-
eel not by the bufhel, but by the vat, into which the
coals were put by the perfons in the Ship, and
thrown over the fide into the rooms of the lighter.
Therefore, if a perfon emanated to buy five Chat-
drons, he was entitled to receive the five chaldrons
contained in fuch room, with the ingrain, and the
meafure by the bulhel had nesting to do with it.
'The charge againll the Defendant was, that he
fold, to a perfon of the name of Challender, a five
of coals, that is, a room of.five ehaldroist, with the
ingrain, and did not deliver that quantity. How
much would the Jury think the deficiency in five
chaldrons was in the quantity delivered by the De-
fendant, who profelreato fell more than the full
meafure ? Perhaps they would imagine there was
fetch a deficiency as might be imputed to the ne-
gligence of the carman in loading them. Even
that, he Should contend, would be no apology, be-
caufe the merchant who-fold by retail was anfwer-
able for the negligence or pillage of his carman :
but the deficiency in this cafe would place out of
the quodion all idea of plunder upon the part of
the carman. What would they think, when he in-
formed them, that, out of five chaldronj the quan-
tity of which the Defendant had robbed hiaculto-
mer was no ids than eleven lacks and a half, or 34
bushels The Defendant had already heard this
cafe proved. He had rode off in triumph, only
becaufe, by the omillion of a clerk, the plea was not
entered on the record ; and he had now come
down again to advertife himfelf to the country as
a cheap coal merchant. He was perfuaded there
could be no defence. He knew his witneffes would
be attacked, and that it would be laid this was the
aftion of the coal-meters. He had no hefitation
in avowing it was the anion of the coal.rzeters ;
and their endeavours, by fuch a profecution, to
protect the public from impolition antifraud, were
hialily laudable and meritorious.
Orallender laid, he had occafion to porchafe
coals in September lad ; lie Was recommended to
Mr. Buckland. He contrafted for a five of coals,
Pool meafure ezprefsly. The coals were deliver-
ed in two waggons; they were afterwards rues-
lured, and the deficiency Rated difcovcred.
Mr. Biggs, Deputy Coal Meter under the plain-
tiff's father, the principal Meter for the county of
Surry, lard, he was attending the rneafirring of
fome coals in Dover-greet, Blackfriars road, with
the plaintiff in this aftion; while they were doing
to, Ntr. Burnet,the fon of the principal Meter, ob-
Served, that a waggon of coal: hadgone pad, which
equally required meafuring. A Second waggon
paired, which he, the witnefs, followed to Challen-
ekes toad. Both thewaggoostattacaustioadtd