Star.
London, England, 1802-08-14 00:00:00

then when he fettled with Mr. Newell fottfelxitt to
the above trlnfaainn, he was only charge.' for
ei_ht chaldnius and a half. Mr. Newell had raid,
when witnefs gated to him the deficiency, that he
meant to fend in the remainder. •

Mr. Bigg, the Deputy Coal-meter, fwnre to
teeing the cfr.ds remeafured by a Cwt.& n meter, and
that there was a deficiency of 7S huihrls. Ile added,
there was sio nccdLty to ptit the cruntity of coals
f.:nt in 126 Cocks, or in four waggons, Irides a
deception WAS meant. _ _ _

Mr. Serjeant SN/PIIIILD made an able fpeech in
defence. The deficiency, he laid, was ennrrnuns ;
and if theadefeadant narant to cheat Mr. Philips, he
was unquettionably a fit objr.ll of legal punifhment.
The quell' to try was. .4 whether Mr. Newell,
Avowing there were only eisybt clialdrnit. and a half,
meant to eh:age ern and a half i" In coutidering
that the Jur y would look to the !lunation of the
defendant: h. was the agent Or die Edinburgh
Gals Company, vho were accistionted to ballall
their eett:ls, coming to the port of London, with
coals, which the defendant afterwards difpofeJ of
upon his own account. Mr. Newell, knowing he
was to receive a quantity of coati by the Jne,
Mitclis.ll. wrote to Mr. Philips that he could tupple
him with ten chaldmnsof good coals, which would
makeaniends for any former deficiency, adding that
millakea would fhmetimes occur, when they were
little thought ref or intended. Mr. Newell fup-
poled that the (hip he had named contained that
Ts:unity, and stetired them 411 to be fent ; which
*as accordingly shine ; but be had not fent them in
us ten chahlrons, nor had he char;esl more than
eight and ► half. The enormous deficiency, he laid, 11
wa, a throng prefumption in favour of his client.
1%, after wh tt had preeioufly palled between the
sl:fenlint and Mr. Newell, non: I ut a mad man
Would hare repeated a fraud (ift:sere was any) in
fin h an encteafeel way; and would gn a great way
to prove the defendant', intrntien of making up the
fic7,ncy from the next fhip that thould
He milled the Jury would confider the defendant
to hay: been act ated by no fraudulent intentions,
and that the care was filch a one as might have
happened to any other man, fitnated as the de-
fendant was, and who was not to be coot:tiered
like Arvin' or Coal•merchant, doing hisowa bufi-
nefs,anic alio knew the contents of his barges lay-
ing at his own wharf. The defendant, on the con-
trary, conceived he haJ a Specific quantity coming
by a fpecifie witch, which quantity lie undertlood
to be ten clialstr-ns ; and in furtherance of his
contrata deraed them to be all fent to Mr. Philips.
It however turned out to be only eight chaldrons
and a halt; and he charged no more to Mr. Phi.
lips. Before, however, Mr. Newell could explain
to Mr. Philips the restfn for fending him in thou,
or before he could complete his order, as he intend-
ad to do, the coals were meafured, and the de-
fendant taxed with crimmiffion of a fraud. He
lbauld only add, that when a defendant was ac-
toted of an offence to highly penal, it was locum-
beat on the plaintiff to make his accufation clear,
nrithont a thadow of doubt, which he would con-
tend was not the cafe with the prefent altion. On
the contrary, no one could think otherwife, than
that Mr. Newell meant to make up the deficiency;
and. as Mr. Newell had hitherto born the charac-
ter of an honourable man, he trulled the Jury
would confider well how they blafted a man's re-
putation, and fixed on him a penalty of tool. upon
fuch gender proofs as thole produced in the a&ion ,
before them.

Thomas Hinton, a Sea Coal• Meter, (wore, that
he meatiartd eight chaldruns and three quarters of
coals from the Jane, bfitehcll I and that they were
fo entered at the Cullom-houfe.

A Lightermsn. at Flower's Wharf, conveyed
the coals on thou, which were carted away to Mr.
Henry Philip, a land coal-meter, law the coals
landed. Is WAS his duty to alk, if coals were
to be meafured, or whether they were stfillawais,"
gleaning coals fold by Pool-meafure. He asked
the mullion, and was told they were aftfl-aetwys."
On examinationhe (aid, if he had Peen 126 tacks
in four waggons, he fhttuld have fuppofed' there
were ten childrons and a half.

Charles Chinner, a coal-merchant, Paid, the
quantity on board a %hip could not be afcertained
till the fbip was cleared out—the quantity of tacks,
and in cafting away coals fold by Pool rneafure,
was very diverfe, and could convey no precife
idea to a buyer of the quantity fent.
On his crofs•examination by Mr. GAIROW, he
(aid, that the routine of bufinefs, in fo diverfe a
trade, was fo promifcuous, that he could not tell
what quantity a buyer was to wiped when be taw
126 tacks at his door; there were fiat and fecond
buyers and confumers. He admitted, the buyer of
five, ten, fifteen, or twenty chaldrons of coals, was
entitled to the ingrain, which would be half a chat-
'lron in the ten; but that in all intermedinte quan-
tities the confumer was generally allowed a rebate
in money.
Mr. GARROW, in reply, fail, the public were
iniferably pillaged between the different buyers in
this dtvoje trade, and wondered not that it was
wrapped up in mytlery. The firft buyer was the
chip buyer, and was an animal that kept up the
price in hard featons, that canted monopoly and
opprelted the public; the other buyer was the
man who ferved the confumer, and me:dined to
Lint whatever his confcience would permit. The
Learned Coined then took a review of the defen.
dant% cafe, which he contended had not removed
th phsiatie a flop from that verdia he claimed.
The Learned fierjeant had agreed, that if de-
fendant was guilty, no punilhment was too kvere
for him; lie would rent mince the matter, but Lay
lie deterred to be hanged ; and he would add, that
the judge in the Crown Court, he would be board
us fay, would pars fentence of death on lets of-
fenders. lie did not, therefore, silk a verdia, uri
Ira the criminality of the defendant was fo con.
Srmed, that the Jury were convinced they could
not iic down in their beds with a free confcience,
if they did not find againft him. It was upon
filch grounds alone he diced a verdia. Mr. Gar.
row next adverted to an rbfervalion of Serjeant
Shepherd's, that the (rand was fn enormous, that
It was a prefumptinn in favour tit the siefenr"
1i.L.5.5.;.1 :Us& a neiarinle was to besecaJnir- the

~.)zne‘ ;11 vi ant would ber.efit Indeed, as they had
only occation to fin by wholefale, to lay It on with
a high hand, to cheat moll enormoufly, in order
to be lefs furpeCted, and to give Mr. Serjcant Shep-
herd the opportunity of getting them off at the
neat affices. He fhould only add, that if the Jury
could acquit the defendantuf the fraud imputed
to him, the coal trade would be better than ever,
and thc public more pillaged. With refpea to
the penalty of tool. had he thc honour of a feat in
' Parliament, one of the &II things he did would
be to make the penalty soot. and he hoped that
thole who heard him, and were Legiflators, would
profit by the hint, convinced, as he was, that no-
thing effeltual would be done till that was the cafe..
Sir A. *Douala) Paid it had been truly dated,
that this was a queftion of great importance.—
It was important that frauds in fo indifpenfible an
article of general ufe lhould be detefted and pu.
; and on the other hand, it was important
to the Defendant, not fo much on account of the
tool. penalty, as of his reputation, for the tranf-
a&i xi to him went entirely to affe& him
as a fair and honeß trader. It would be the pro.
vince of the Jury to deternine which of the. two
'flatements they had heard was bea emitted to their
belief? Co the one hand it was Rated, that the
Defendant had undertaken to deliver a fpecific
quantity of coals, namely, ten chal Irons, and had
only fent eight, but with all the external appearances
as to the number of tacks and waggons, and with
all the accompanying documents, as to the meters
tickets, of the quantity he bad contracted to fell.
On the contrary, it was:aid, that it was extremely
improbable the Defendant lhould have fent the
coals, knowing there was fuch a deficiency, unles
he had intended to fend the remainder at a Encore
period. It was certainly remarkable, that the be
fendant, before he made the offer of felling a cer-
tain quantity, which he defcribed to.have arrived
in a particular veal, did not ufe the precaution
of feting the carp•. The Jury ought to be well
fatisfied of an intentional fraud before they pro-
nonneed a verdiEt which would compel him to pay
tool. and would betides have the elle& of lacers-
.bly ruining his charaCter.— The Jury found for
tae Plaintiff.--Damages tool.

TRIAL' ON THE CROWN SIDE.
Mary Mats!ii.ig was capitally incliaed for pri-
vately dealing from the perfon of Henry Lane a
pocket-book, containing five tl. Bank notes.
The profecutor defcribed himfelf as an half pay
officer. that Iselad lately been difcbarged from
the fleet, and was returning towards his home, in
company with his friend Capt. Hewitt, when they
were molted in Blackfriars mad, by a decoy of
the prifoner's, and went with her to No. 8, Wil
liam•ftreet, is the fame road, where they were in-.
troduced to the prifoner. On leaving her, he
found he had been robbed of his packet-book,
which he believed the prifoner had taken from his
perfon, as he felt at one time her hand in his pocket.
On his crofs examination by Mr. GURNEY, the
profecutor was exceedingly petulant, and could
fearcely be prevailed on to give a direr anfwer.—
He firti Paid he was perfeCtly collected when he
went to the prifoner's lodging, and that he was
the fame when he came away, though he was made
to confefs that he had Raid there from twelve at
night till four in the morning, and had thank part
of four bottles of therry during that time.
Mary Palmer, the fervant of the prifoner, Paid,
that Mifs Manning brought home two Captains on
the 6th of July, about twelve o'clock at night—the-
profecutor was one of them. Early in the morning
the prifoner knocked up a man who lodged in the
houfe, and Paid the had got a pocket-book, which
mull be immediately difpofed of, or fhe Ihould be
detefled. The pocket-hook was afterwards found
at a Lady's, who lives in Mortimer-tireet, Caven-
dith-fquare.
The Officer who took the prifoner Paid the was
an unfortunate girl, but he had never known her
to he diffionea before.
The prifoner denied the charge, and Paid there
were more girls prefent when the profecutor and
his friend were at her lodgings.
Baron Hornast obferved, that it was extremely
painful for him to fee a Gentleman placed in the
difgraceful fituation the profecutor was, complain-
ing of a lots which had originated in his own want
of prudence. He did not mean to defend women
of the prifoner's defcription ; but while they atfted
lioneßly, he could not help pitying their unhappy
condition. They were tolerated in fociety while
they conduited themfelves peaceably and honeft-
ly ; if they fwerved from that line of conduB, they
became intolerate, and were amenable, like others,
1 for their offences. The prifoner was charged with
a capital offence, that of privately Realing from
the perfon of the profecutor ; the capital part how-
ever was clearly done away, Mr. Lane having
(worn he felt her take his pocket book. Then with
refpelt to the theft itfelf, the Jury were to remem-
i her that there were more than one girl prefent,
and he would never advire them to (train their
confciences in believing the tellimony of a loan
who went drunk into filch fcenes of depravity and
wretclicdnefs, for drunk the profecutor was be-
yond all doubt, or, at bell, he had not his perfect
i underßanding at the time. How the pocket-book
got to Mortimer-fireet, he knew not : the Jury
were in poffeffion of the evidence, and they would
I make the hell of it.

The Jury pronounced a verdiel—Not Guilty.
The profecutor appeared exceedingly difpleafed
at the verdie, sad Paid, the prifoner had nearly
knocked his brains out when he taxed her with
robbing him.
The Judge obferved, that if perfons went to fuch
infamous places, they could not expett that Juries
would aa differently from what the prefenehad
done.

Captain Lane that applied to have his expellees
allowed.

Baron HOTKAM returned for anfsver. that it was
the univerfal cam in fuch cafes to refufe the
pmfecutor's expences ; and he law no reafon why
he mould break through that mama on the pre.
ftnt oecafion.

•. If fuch be the rule, (laid the Captain) thieves
cannot be profecuted in future."
Baron HOT N All defired biento walk outoftottrt,
ne he secuild_cammirhiiiif he_fooke further. -