Star.
London, England, 1803-02-16 00:00:00

CRIMIN•L INIORMATiON.

Mr. Easy lard, he was to have moved, on the
mart of a refpellable Magifirate of the county of
Devon, fix a rule to thew cattle why a Criminal
Information fhould not be filed agaitill JoltirTyre,
for a libel, or rather a levies of libels. He did sot
mean to make that motion on th.: latt day of the
term, but only to mention it to the Court, in order
to befpeak an opportunity of moving it next term.
The inllruftions were fent up to London in the be-
ginning of term, hut the parties living at inch a
ditlance, they could not get the affidavits ready.
Mr. C ARROW, on the part 01 a Defendant, moved
fin a Rule to flew tante, why the Plaintiff, ullO
iv a Frenchman, fhoirld not give tecurity for coils.
He was not at this time in France. He had corne
over here, but, according to his affidavits, he had
tome here merely for the papule of tirperintending
siris cattle, and it was expened he would immedi-
ately after return to France, fh that if the Defen-
dant had a verdiC, lie might never have his coils.
Mr. F.asatr t laid, it they would take the trouble
to call at the French Anibaitadoes, they might
Lave an account of the Plaintiff immediately.
The Loan COM, Josvt et laid, as the Plaintiff
was at preterit refident in this country, :hoe was
o cafe that 'vela the length of calling up. n
Plaintiff, under filch eircurriflance, to give fecuri-
ly itit totts in the firll initroce.— Rule refuted.

MUG! I V. HIT L V. GKIrRSO%.

:Jr. LAM ;lER It Leld r.brasivd a Lule to (Lew
eakhe t. by the l',.iil Loud &mild not be delivered
up to h: cancelled, 4:c.
Mr. G RoW livacJ carafe. lie faid, the prin-
cipal reaiun affigned by this Lady f"r this appli•
cati.ns was, that the might give evidence in a tante
the Common PLas. There was nothing to pre-
vent her from doing that, as (he was out upon
bail; or e vat it (he wet e in jail, flue might be brought
op to give evidence. She borrowed of his client
id. and afterwards I ..31. mnre,and then to pay hint
gave him a bill of z;l. which he dileounted ; and
%Olen it beesnie due, it was returned upon him.--
1 lc ti nned her as Afi-rmaride. the having reprelent•
ed herr& a, a wi.low, and now the laid her loaf-
band was alive, that flue bad bind of him three
seeks ago, and that he was a Tailor, living at
rnmfrics, in Sentland. _

twit M.—The general ritleis,tho
m.t I led Ntlnl4ll ih ,Cfchartztd I.ut .)Icuittkly.
c••ntn.t'n 11,11, 1...1; is I:IC dCCCI% cd tha
h% hating het leit to la. an tintnaltic,l v.
rut i.,ne (.1 l•t.turing ct cdst. Lett
Gt that 1%4 I iu thi, Cet;!, ;41.1 thcut..te
1..0 R 61% zi.ua Lt n.aJt: abitAute.

FEBRUARY Ss.—COAL TRADE.
PARISH, qui taut, v. ANDERSO4.
As this and the following cafe arc precifely of
the fame nature with the cafes that appeared in
our paper of yellerday, repetition (hall be avoided
as much as poflible.
This a6lion, sl/4 hich is founded on the 3.1 of Geo.
c. 26. Illight to recover a penalty of f
the defendant, who it a coal dealer rcfiding at
Highgate. The charge was, for felling to Jotepli
Al op one chaldron of coals as for wharf meafure,
without having meafured fix lacks of them at all
by any buthel, but merely having filled the Lacks
ith (hovels ; and yet there coals were accompa-
nied with the ufual ticket.
Mr CARRnw üblerved, that the AR of Parlia-
ment mull be obeyed. It did not fignify, if the
purchafer had four bufhels to a lack inftead of
three ; that would not proteet the feller againil
the penalties of the (Lome, inafintich as it had bzeit
violated, no buthel whatever Laving been tiled. It
was indifpenfibly neeeffary, and the duty of the
feller, to meafure his coals by a legal buthel, that
there might be ;lime certain rule by which the
ptirchafer might know lie had received the quan-
tity he had contlaned for, and ter which lie had
paid.
The evidence produced on the part of the plain-
tiff was very vs eak.—Plaintiff nonfaited.

IRISH, glii /am. V. TiI,,MPSON AND i)THSRS.
Mr. GARNOW and Mr. Ksowvc.s :1161 condnEted
this cafe un the part of the plaintitf;—and Mr.
ERSKINE and Mr. CONS'S appeared tUe the Defen-
dants. _

Mr. GARROW laid, this was another fraud Gra-
mined in the coal trade—a fraud of the moil
enormous magnitude, though not exceeding fame
that bad been already tried. The penalties firught
to be recovered in this cafe amounted to soot
but whether mote than one penalty Ihould be re-
covered, it the Datendaats were found to come
within the An of Parliament, he fobniitted entirely
to his Lordfltip. Mr. Martiot, who keeps the
Guildhall Ct,ffee bottle, being tecitcomentled by a
hiend to Meth-v. Thornirfon, Hartwell, and ;stank-
hottfe, the Defendants, gave them an order for ten
chaldrons of coals, and therefore, betides that
quantity, he was entitled to half a chaldron for
ingrain. NVlten theft coals ware re-mealltred,they
were lhort in meafure by eighteen bonnie and a
half: for th.r, the Plaintiff fought to recover a pe-
nalty of to•I When that dtticiency in measure
wa, fuhrantiated by the evidence of differentwit-
tielLs for ti.e
Mr. ERsrayr E rote on the part of the defendants,
and in the cootie of a nroft eloquent fpeech con-
tended, that if he could (new that Mr. Mart int, the
purchaler of there coals, had received all that his
clients had rcceked for ten chaldron-, that they
would be entitled to a verdin. It wav nut, if, on
re-mealurement, tittle coals (Mould be found lhort
in mealirre, Mr. Martiot was not left without re-
medy. He might bring an anion againft the e-
fendants upon their contra& and they woul
bound to make up the deficiency ; but it woul
too much to snake men pay penalties, if there had
only been a millake, and no intention to defraud.
Thefe coals weretwice se meafured ; the firft time
they were 181 bufhels (hart, but the fecoad time,
when they were meafured in about a week after,
there was only a deficiency of one bufhel and a
half. The whole mifchief had arifen from the
canfurion of the various Afts of Parliament that
had been malted on this fubjeft. He hoped that
the whole of this chaos of confufron would be re-
pealed, and that the Legiflature would pals a plain,
flout, intelligent An of Parliament, by
which the continuer, as well as the trader, might
be protefted—every man would then know what
he was about. Mr. Erikine, on the part of the
defendants, called a great number of witneffes in
ftipport of his defence. He all° proved, by three
(worn Coal Meters, who re-meafured them the le,
cond time, that the deficiency was only a buthcl
and a half.

Mr. GARROW. in Lis reply, admitted that the
coal., as they were mealured nut of the Ihip into
the barge, might be lair and honed meafure. But
this barge was divided into three compartments ;
one contained ten chald►ons and a half, and the
other two contained five and a quarter chaldrons
each. And although it WA% petite'', natural to
have gi sen the chamber containing the ten dial
drons and a half to Mr. Marriot, as it contained
the esaa quantity he wanted, yet that was not
done in this cafe. Blot they lent him the two
rooms of five and a quarter chaldruns each. No-
body could Rive an account when tittle ten chal-
drons and a half were fold. The Learned Coun
fel afkesi, if any man could doubt that the in-
grain, ought to have been put into Mr.
Marriot's coal., wcie put into the ten chaldrons
and a halt; fur the benefit of thole Gentlemen
themlelvas.

1.01 SI ELL PIOOKOVG H, in his addrefs to the
Jury, edify red, that the go:dhotis for their cond.
elevation would be, firli, 111o:tiler Mr. Nlarriot
bad received the full quantity of coals? That was
a plain goicilion of Taft.—idly, If he had not re-
ceived the full quantity of coals he was entitled to
by his contras, did that arife from the fraud of
the feller, or of any other perkm ? Was it from the
fraud of the feller, or of any other perfon, that lie
was prevented from having the lull quantity ?
That alto was a queftion of fat. The lad qiief.
lion, ninth was a quellion of law, was, W'hether
under inch citcumllances, if the perfm had not
had his full quantity dais ered to him in cont:-
(pence of the timid of any perfon, whether the
plaintiff WAS entitled to recover ? His Lordfhip
he was deafly of opinion, that if there was
no fraud whatever in the CAft, but if the Ihort de •
livery took place nietely in confequence of an error
or iniflake, though the feller was cleat ly bound to
make up the deficiency, he tbould ads Ile the Jury
to difcharge the defendants from the penalties in•
Rifted Ly this at, though it was not sal) to hip-
pede that a (host delivery could take place without
!laud ; and it w;ls not to be confined
to the fraud of title particular individuals. If
thofc whole duty it was to watch and fee that jut
toee was done we, and that I had what I con-
tr•licel for, remitted in their vigilance, af.d pee-
in: t., Lc cheated, that pie ad me n as a

fraul. IF the man who is bound to give me mp
full quantity is cheated, he muff take the confe-
qutnces.
Ilis Lnrdthip fummed up the evil:nee to the
Jury, and made a number of important obferva-
lions upon it. He ohferved particularly, that die
firft remeafurement of theft coals was more likely
to be correet thin tl:e fccond ; nut that he fufpeti-
ed the coal meters had not done their duty, but
becaufc, before the fecond time they were re-mea-
lured, part of them had been burned, and it was
1:1 the power of fervants to have introduced a
quantity, fo that the deficiency might appear
though he did not fay that was done. His land-
Ihip likewife obferved on their taking the two 5
chaldrons in the !barge, inlle.td of the chamber
that contained the exad quantity that was wanted.
The whole was kit to the Jury, who found a
Verdict for the plaintiff—Vantages tool. They
all.. found that thefe coals Were delivered frau-
dulentiv.

COURT OF COMMON PLFAS, TED. zs.

DANIFLL C. DODD.

This was an anion to recover the fum of 1421.
being the amount of ten promitfory notes given by
the defendant, who was an ;mill, for oils and co
lours fold and delivered by the plaintiff, who for•
nterly lived in St. Martin's lane. The bilis were
all dated in the year 1789, and fucceflively became
due from that time till 1791. The defendant
pleaded the !lame of
Serjeant lirsr, in his opening, Rated, that the
defendant had been employed to paint a pielme,
reprefenting the Lord Mayor and Aldermen going
to St. Paul's ; for this he was to have received
two thoufand guineas, which would have enabled
him to defray the plaintiff's demand. The picture
was to have been placed in Guildhall ; but when
it was finilbed, happening to come under the in-
lpeetion of Mr. Alderman Boyden, who is a tolerably
good judge of painting, it was confidend wholly
tinsvotthy of loch ditlinetion, and found its way
into a broker's Chop in Dloorfields, amone: other
trumpery. The plaintiff, a confiderable time al-
tet wards, met Mr. Dodd ill the Strand, acrd con-
ceiving, by his appearance, his circomltatices were
mended, ailed him hots he did?' The defendant,
with an air of Imptire, affe&cd to have forgotten
the plaintiT, and endeavouring to perfuade
be 'tat ill Cflus, left him as loon as lie could. It
was by means of the White before-mentioned, that
the plaintiff found the defendant lived in Pitdia-
mont-Itreet, and was employed by the Committee
fir executing the plan for making a tunnel under
the Thames. And on the sth of April 1802, one
of the days appointed for the meeting oft& Com-
mittee, at the London Tavern, the plaintiff went
there with a Mr. Ifaacs, &fired to fee the defen•
dant, and Ihewed him the bills ; he thought Mr.
I. was an officer, and entreated die plaintiff not
to expole bins before his employers ; promising, at
the fame time, to meet them at two o'clock that
day, at the New Yeti k Coffee-houfe, and to put
the hofinefs in a train for fettlement ; not being
putteltial to this engagement, he was arrefled at
the Falcon, in Gravefend, in May following.
Lord A LLLLL laid, to take this debt out of
the flatute of limitations, it was neeetritry to prove
a demand, and an acknawlagmeut : the only
quettion was, whether the tingle evidence of Mr.
Mises, which was afterwards contiadifled by the
Sheriff's Officer, was fufficient w ellablith that
point? The Jury deliberated a few minutes, and
returned a verditt for the plaintiff.