The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-03 00:00:00

NISI PRIUS COURT.-TUESDAYI

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MITIGATION OF THE SENTENCE ON THE MESSRS. SOWLEI!..
The Messrs. Sowler attended this morning to hear his
lordship's decision on an application which had been made
for the mitigation of the sentence pronounced on them. His
lordship said—Mr. Thomas Sowler, and Mr. Robert Scarr
howler, an application has been made to me for a mitigation
of the sentence which I thought right to pronounce on you a
few days ago, and that application has been supported by the
earnest solicitations of Mr. Garnett, the prosecutor. Re-
presentations have been made to me, showing the contrition
you feel for the offence which you have committed against
the laws of the country ; and, at the same time, pointing out
the evils which must result, not only to yourselves, but to
your families,
iif the sentence were carried into effect. I
always.feeldelighted, when I can consistently with my pub-
lic duties, indulge in those feelings which are natural to the
man ; and the solicitation of Mr. Garnett, joined with that
from other parties, has afforded me an opportunity of re-
mitting or altering your sentence. The sentence of the
court is, that you be. fined one shilling, and then discharged,
entering into recogiusances to keep the peace as before.
BUYING COTTON.—S AMPLES.—PACK IN G.
MUSGROVE AND ANOTHER a. RILEY.—The declaration
in this case was for goods sold and delivered, and an account
stated ; and the defendant pleaded, that as to all, except
£3B, he had made no such promise to pay ; and that, as to
all the amount in demand, except £3B, he had delivered cer-
tain bales of cotton, in satisfaction of the promise, and that
the plaintiff accepted them in satisfaction; and that as to the
£3B, he brought it into court. The plaintiffs accepted that
sum in part satisfaction of their demand, and denied the rest
of the pleas.
Mr. CRE3SWELL (with whom was Mr. CROMPTON) stated
the plaintiffs' case. This was an action brought by Messrs.
Musgrove against Mr. Riley, to recover the value of a por-
tion of twenty bales of cotton; sold by the plaintiffs and deli-
vered to Mr. Riley. The defendant, as the jury had heard
in the pleadings, had paid into court the sum of £3B, which
he (the defendant) meant to be the value of three bales, and
contended that, as to the other seventeen bales, he returned
them, and that the parties accepted them in satisfaction of
payment for those seventeen bales. The circumstances were
these, and he believed that they were not without interest to
those engaged in the cotton trade of the port. In the May of
last year, Messrs. Knowles and Richards had a mixed par-
cel of inferior cotton, of between five and six hundred bales,
for sale. They sent samples to the Messrs. Musgrove, who
purchased sixty bales of the parcel, and sent their ware-
houseman to Messrs. Knowles and Richards's, to take a
sample, and mark out for them sixty bales out of the gene-
ral parcel. He understood that in forming a sample out of a
mixed parcel, the practice was to take a small quantity from
each bale and mix the whole up together, so as to form au
average ; and, in purchases of this kind, he was told, one
man might get a parcel a little better, and another a little
worse, than the average or sample. When the Messrs. Mils-
groves' warehouseman went to the warehouse in which the
cotton was deposited, be was shown what was termed " a
wall pile," consisting of about ninety bales, and of these
ninety, sixty were marked and set aside by the man, for the
plaintiffs. Shortly after, Mr. Sleddon, a cotton broker, who

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