Star.
London, England, 1803-11-03 00:00:00

H•LDY/113 BLOWER].

The Plaintiff, according to Mr. GIBBS'S opening,
keeps a public hook, and the Defendant is a coal-
merchant, and this iftion was brought for not deli-
vering a quantity of coals, agreeable to the Plaintiff's
order. On the IR of September, 18oz, the Plaintiff
ordered five chaldrons of ....oafs of the Defendant,
which of courfe ought to have contained 180 bulb-
els, withcut the in7ain, at 36 bulhels per chaldron.
There coals were delivered in two carts. When the
firll c4rt arrived, they diJ not appear to the Plaintiff
to be fun measure, aLd he told the carmen not to un-
load them. as he meant to have them re meafured.
He immediately went fir a fwnrn meter, but before
Ire returned, they were all Ihot down into his cellar.
There were no coals whatever in it at the time, and
diet: coal, wcie re !matured within two hours after
they Lad been put into it. On being re-meafured,
inllead of contAining tSobulhels, they only contain-
ed r 64, fn that there was a deficiency of 16 bblhels.
Mr. Bilhop, who is a (worn meter, depofed that
he was prefent when thefz coals were re-meafured,
and that they only amounted to 16+ bulhels inQead
of fRo.

Mr. ERSRINK, on the part of the Defendant, called
John Beaumont, who is air,' a (worn meter, and who
was prefent when there coals were me.afitred at Mr.
Kilvington's Wharf, of whom the Defendant post-
chafed them for the Plaintiff, who was aware of that
circumnance ; and he deviled, that inftead of 180
bufhels, the Plaintiff had 189 bulhels, that i., he
had 180, and the other nine which were the ingrain.
He had 63 (arks, each of which contained three
bufhels. The witnefs raid, he had, for fume parti-
cular reafon, received hofirations from the Defen-
dant to pay the greaten attention to the admeafure-
ment of tilde coals, and that he had done it. Mr. Kil-
vingto.i himfelf alto attended the meafuring 01 them,
and he was alto certain, that 63 racks were put into the
two waggons. The carmen alto (wore the time thing,
and that they delivered them all to the Plaintiff.—
The Backers proved. the fame fads.
Lord Ettanaoanuo 14 told the Gentlemen of the
Jury, this adlion was brought by the Plaintiff, James
Haldyard, agaioa cue Defendant, for not delivering
' five chaldrons of coals which had been fold by wharf
meaftio e, according to his undertaking ; and although
the Parr was not confiderable in point of value, yet
the adion was of confilierable importance to there
parties. 'lt was of importance to the Plaintiff, to fa-
tosfy the Jury he had nut made a falfe charge, and
that he had nut been guilty of a fraud in bringing
this ation, which he mull have been guilty of, fup-
punng he bad received his Nil meafttre of coals, and
had afterwards fubllradled that quantity in order to
found thisagion. On the other band, :t was of im-
portancc to the Defendant, that he fhould not be
thought guilty of fuck a fraud as (port meafure, and
tliat he had brought forward witrieffes to defend him-
felf by prjory. This, therefore, was a very impor-
tant ale to both nt there parties, and deferred the
particular attention of the Jury. His Lordthip here'
taimmed up the evidence on bath fides with the
to Wen peripicuity, and nbrerved, that in his opinion,
the Jury ought to give equal credit to the fworn me-
ter, on both fide:, and if re,, they man take l: for
granted the full mcafitrc rt there coals was pot into
the two waggons. ILs Lordthip was of Opinion,
that the part where the mire principally pinched
was, as to the evidence r.f the two carmen, and that
of the Plaintiff's (errant. The evidence of the car-
men was liable to this nbrervation, that by ;arability
they might have removed a part el there coals in
their way from the wharf to the Plaintiff's premifes.
His Lordfhip raid, one did not readily perceive any
interen the Plantiff's fer. ant had in this bonnet's to
warp his evidence.—Prrifiafor altarkat.