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

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SOUTH LAN IRE SPRING ZITS. !
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ltious,roevbeeteon'kn,
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T.—TUESDAY.
SENTENE ON BARLOW. b whether 11;eyRI!.laecrc,
I the quality they had pure sed from the Messrs. Knowles •
and Richards, namely, about 7-id. per lb. The plaintiffs said
_ eesene
Richard Barlow, convicted of forgery on Monday, was i that they had, that those were the samples by which they had
placed at the bar. 'The Judge said, it had appeared from the i purchased, and that their man had been to mark them off.
evidence adduced in the course of the trial, that the bill for Mr. Sleddon agreed to buy thirty-five bales—twenty for Mr.
£492 18s. in question, which the prisoner had uttered know- I Riley, and fifteen for another customer. This was on the
ing the same to be forged, was one of six forged notes which 1 3d of June, 1839. The price of the purchase would have
he or his family had been. enabled to take up. The tektsia. I come to 1:285 and a fraction. On the-following day the cot-
ture had removed the extreme punishment in these cases, 1 ton was to be delivered, and the person employed by Mr. Sled-
but
they had -still left open a discretion to visit the offence . don, together with Messrs. Musgrove's man, went to Knowles
severely, and if judges did not do their duty, it was probable 1 and Richards's warehouse, to receive the thirty-five bales
the crime would increase. In a commercial' community like i sold to Mr. Sleddon. When they got there, they found that
this, it was necessary that they should be enabled to punish i Knowles's man had allowed another person to take the sixty
crimes of this nature severely. The prisoner was sentenced 1 bales which had Previously been marked. Of course the plain-
tiff's man complained of this. Knowles's man acknowledged
to transportation for 15 years.
ARSON.
that he had been careless enough to permit the marked
Thomas Robinson, aged 22, was indicted for having wil- bales to be taken away •, but he said, " Say nothing about
.
fully and maliciously set fire to the warehouse of Mr. James it, and you shall have the privilege of selecting from the
abundance that stiftremains, and of rejecting any bales you
Bradshaw, of Manchester, with intent to destroy the same,
and with having stolen therefrom a box of gold leaf, the pro-
like," and he (Mr. Cresswell) believed that there was an ad-
vantage in taking cotton of that description. They then went
perty of the said James Bradshaw.
Mr. Armstrong and Mr. Wilkins conducted the prosecu- off together to Mr. Sleddon's, and there found the defend-
ant's clerk and Mr. Riley. They explained to the clerk the
tion • Dr. Brown defended. state of things at Knowles's warehouse, and what had been
William Rogerson, a copper-plate printer, in the employ
of Messrs. Bradshaw, stated that, on the 6th January, the said by Knowles's man.
Mr. Riley said, " Well, well I don't
prisoner at the bar was a shopmate of his. They
left work care aboutit; but take. care. (addressing Knowles and Ri-
on that day at the usual time, a little after eight o'clock. cha.rds'smap,)...that you give me no red or blue bales." The ,
The prisoner had no business on the premises after eight. reply was, Your own rim must take of that." Twenty
When witness left he saw him standing on the top landing. hales were accordingly picked out, and he (the learned coun- .
Witness saw him next evening, about half past .six, at the sel) was told that in selecting-those twenty, six or seven were
corner of Union-street, opposite Bradshaws warehouse. He rejected—a very unusual proportion in picking cotton in that
said he had been in a privy at the back of the premises, on manner. The cotton was forwarded to Tishwick, near Pres-
the night of the fire, (which was the evening before,) about ton. Payment became due ten days afterwards, and at that
twenty minutes. He desired witness to be at the court the time the platntiffs received a communication from Mr. Thos.
following morning, to say that the back of the warehouse Sleddon, to the ellect that three bales would be sent back,
was a thoroughfare. Could not tell whether it was a tho- because they were falsely packed. Now, he (Mr. Cresswell)
roughfare or not. It was not a public road. Some person understood that though a person making a purchase from a
came up while he was talking to the prisoner, and the latter mixed parcel could not reject the purchase because it happened
ran away. • to be a little below the sample, yet, if it were falsely packed,
John James Bradshaw, son of the prosecutor, described he had a right to return it. If it were a fact that the bales
the warehouse and fastenings, and that there was no tho- had been falsely packed, they must be taken back. He would
roughfare through the premises, but only a back passage. prove, however, that this was not the case. Mr. Clare, a
The prisoner was one of his father's workmen on the 6th of man conversant with the cotton trade, was fixed upon by both
January. The whole of the third story was used as a work- parties as the person who should examine the cotton, and the
shop for the men. They had about twenty hands altogether. jury would see, from his evidence, whether it had been falsely
The usual time of giving up work is . eight in the evening. packed or not. It was then found out that the defendant
The prisoner was a printer in their service, and he worked had returned, not three, but seventeen of the bales. They
in an upper room. 'Witness looked through the warehouse were all examined, and Mr. Clare said that they were not
soon after eight o'clock, and satisfied himself that there was falsely packed, and therefore there was no obligation to take
no one on the premises, though there might have been some them back. Mr. Sleddon then said that if the cotton was
one concealed in the upper rooms. He saw that all the fires not falsely packed, it did not answer the sample. The plain-
were out in all the rooms. He locked the front door out- tiffs replied; that it had not been bought by sample, because
side, having previously bolted the back door and the yard the sixty bales sampled -had been sold to another person,
door inside. He left the premises shortly after eight o'clock, "and the next day you sent your man to select what you
and'a few minutes past ten o'clock word was brought to him took." Mr. Clare, however, went to examine it with a view
that the warehouse was on fire. Some persons who were to comparison with the sample, stud he said that it was within
friends had gone in. The front door had not been opened, a very trifling degree of that which had been sampled. But,
but the back doors had. He ran- immediately up towards if the three bales which were not returned wave rather better
the room where the gold leaf and some other valuable pro- in -quality than . the sample, as very probably they were, a
perty was kept, and found that a panel had beep broken out sample taken from. them, and added to that of the seventeen,
of the door at the top of the staircase ; the door was in flames, would bring the whole up to the original sample.
and the fire rushed out so fiercely through the panels that Israel Harris, (the warehouseman of Messrs. Musgrove,)
they durst not approach. They went to the'window of the Mr. Clare, Mr. James H. Wrigley, Mr. Silas H. Prichards,
back room where the gold leaf was kept. It was very dark, and Mr. Isaac. Bankcroft Cooke, were examined, and de-
but witness had placed the gold leaf shortly before his de- posed to the facts opened by Mr. Cresswell. Mr. Clare
parture in a position where he could at once lay his hand said that in his judgment the sample of the returned cotton
upon it in the dark. He stove missed it. There were a set was about tl., certainly not Id., inferior to the original
of drawers in the large room which had gold leaf in them, sample ; the hales were not falsely packed. Mr. Cooke
and these were burned. No marks of violence appeared on mentioned that he purchased a part of the parcel from
the fastenings. Messrs. Musgrove, for Mr. Armstrong, and he never heard
Jane Critchley resided with her brothel., who keeps the any complaint of it.
Globe Tavern. On the evening of 6th January, about half- Whilst Mr. Alexander was cross-examining one of the
past nine o'clock, she heard some knocking at the door, witnesses with respect to the custom of the 'trade in the
which led into the passage above mentioned. She went to purchase of cotton from mixed parcels,
the door and found the prisoner at the bar. He entered the His LORDSHIP observed—l suppose it will not be con-
house and had a glass of warm ale. This passage had no tended on the other (the plaintiffs) side, that if twenty bales
outlet save the back door of the warehouse, and of the inn, of cotton be bought by a sample of twenty bales, and if the
and the door in Birchen-lane. The prisoner drunk his warm average of the bulk do not correspond with the average of
ale and went away. The fire was discovered about twenty the sample of the twenty bales, that it may not be returned?
minutes after he had been there. . Mr. CRESSWELL.—Of course, it may.
Thomas Drummond, landlord of the Globe public-house, His LORDSHIP.—But you contend that the twenty bales
confirmed the account as to time, and the circumstances of were purchased from a sample of the average of sixty bales,
the prisoner's visit on the sth Jan. He was certain that no and that the purchaser took the risk of getting better or
one had passed backwards and forwards through the yard worse? .
previously. There were barrels, lumber, and coal in the Mr. CRESSWELL.—Undoubtedly. •
passage. Mr. ALEXANDER (with whom was Mr. TomerersoN)
Mary Drummond, wife of the last witness,' further corro- stated the case for the defendant. He began by remarking,
borated the testimony as to the time of the prisoner's en- that if the hard rule which was said to prevail amongst the
trance at the back door. She went out about half-past nine trade in the purchase of cotton did really exist, and received
o'clock, and about ten minutes before ten, she was passing the sanction of a jury, the cotton-spinners must be consi-
the warehouse which she saw on fire. dered as a race of men much to be pitied. He hoped, how-
Nathaniel Forth, a police-officer, of Manchester, stet- ever, that, before the conclusion of the case, he should
ed that about a quarter to ten o'clock, he was standing advance sufficient to induce the jury to protect his client
on the opposite side of the street, when he saw a light in against the operation of a rule so entirely one-sided. He
Messrs. Bradshaw's warehouse. He looked intently. It contended that the purchase had been by sample, and not
went out, and in a minute or two blazed up again. He was at all on terms coincident with those laid down by the bro-
then convinced that it was a fire, and he went and gave the kers. Mr. Riley expected to have cotton of a quality equal
alarm. to the sale sample. The cotton was sold on the 3rd of
Edward-Hartley, another officer, of the Manchester pa- June; on the 4th it was weighed; and on the evening of
trolling police, deposed that after the fire was discovered, he the sth part of it (six or seven bales) arrived in Preston,
went into the warehouse, and up to the first landing, and having been carried thither by the canal. Those bales were
there he found a panel broken out of the front room immediately opened, and three of them were found to be
door. He found the panel of the door out, and the extremely defective.- The samples had not then arrived ;
room on fire. He found a candlestick and a paper cap on the they were, with the remainder, not yet carted up. They came,
floor. He found the door in Birchen-lane fastened, and saw however, on the following morning, and dissatisfaction was
a man who said he would go round and get it open. He immediately felt, for on inspection all but three bales turned
could not say who that man was. Witness was engaged in out to be very inferior to the samples. The defendant did
saving the property. He wanted the door in Birchen-lane not rest satisfied with his own judgment, but sent for Mr.
opened, and went round to get it open. He found a man Swainson, a partner in the firm of Swainson, Burley, and
trying to open it from the inside, but he did not know who Co., the most extensive spinners in Preston, and his opinion
that was. He got in and found the back door leading to the was, that with the exception of the three bales, the cotton
Bradshaws' yard, and the back door leading from thence into was not equal to the sample. " What must Ido ?" asked
the warehouse, both open. Mr. Riley. " Why, you must send it back, it will not suit
Ralph Hales, landlord of the Unicorn public-house, in your btisiness at all." The consequence was, that seventeen
Church-street, stated, that the keys of Mr. Bradshaw's bales were Immediately returned in Liverpool on the Bth of
warehouse were usually, left at his house for the accoinmo- June, and what had been done with them in the meantime
dation of his workmen. On the evening of the 6th January, he could not say. This was a time when the defendant was
the keys were left there shortly after eight o'clock. A little in want of cotton, and if it would at all have answered his
before ten o'clock, he heard that the warehouse was on fire, purpose, he would willingly have retained it. It was a time,
and went with the keys. He unlocked the front door, and too, when cotton was rising, and the defendant must therefore
accompanied Hartley up stairs. The panel was taken out of have gone into the market to make a fresh purchase at a dis-
the door, and stood against the wall. Smoke and flame advantage.
appeared in the room, and they could not enter by reason Mr. Ward, managing clerk for Mr. Sleddon, was then
thereof. examined. He remembered the purchase by the defendant
Richard Caldwell stated, that the paper cap found on the of 20 bales of New Orleans cotton, at ild per lb., from the
floor was shown to him the morning after the fire. It was Messrs. Musgrove. There was no agreement about the qua-
his cap, and he had left it on a table in the top room that lity. The purchase was madeby sample. A letter from Mr.
evening at eight o'clock. No stranger had been in that Riley, complaining of the cotton not being equal to sample,
room during the afternoon. and that it had been falsely packed, had been sent to Mr.
John Blagden, a police-officer, proved that he received the Sleddon, and was put in by witness. He took the letter and
prisoner into his custody on the 7th January, on the charge showed it to one of the plaintiffs, Mr. Henry Musgrove, who
of having wilfully set fire to his master's premises. He took said, "They must be sent back, then." They were sent
him about nine in the morning, and kept him till about two back ; and lie (witness) had compared a sample drawn out of
o'clock, when he made his escape, while the attention of the seventeen bales wills the sale sample. The former was
witness was occupied by another prisoner. He retook him very much inferior to the latter. The difference would be
about nine o'clock. about '.eld per lb. Cotton had risen in the interval between
,
Alexander M`Mullen stated, that he examined Messrs. the uurCliase and the return. Shortly afterwards, however,
Bradshaw's warehouse on the morning of the 7th. There the market fell to a lower price than it had been at the time
were no marks of violence on any of the doors, but the back of sale.
door of the passage appeared to have been opened by prising Cross-examined.—He would not take it upon himself to
the staple back. When the prisoner was told that he was swear that he had shown the letter to Mr. Harry Musgrove.
charged with having set fire to his master's premises, he said His strong impression was that he did so, and that Mr.
he could face that out, for he was innocent. He was told by Musgrove read it. He (witness) did not recollect stating
inspector Irving, that he had been seen to pass through the that he said to Mr.. Musgrove that it had been found that
Globe tavern, about half-past nine o'clock on the night before. three of the bales were falsely packed ;he thought he showed
He said, Rogerson and Mullen had seen him go away from the letter. He believed he said the cotton was falsely packed,
the warehouse about eight. and then Mr. Musgrove said that it was to be sent back. He
lames Aspinall, a skinner, stated, that he was working in did say that Mr. Riley had written that some of the bales
the Irwell soon after the fire, when he found a parcel of the were falsely packed, and on that statement Mr. Harry Mus-
missing gold leaf swimming in the river. He gave it to an grove said, " Why, then, they must be sent back.
officer named Richard Green, who produced it, and a large Mr. Thomas Sleddon deposed that when a complaint had
parcel, which was afterwards found near Oldham-road. Mr. been made of the cotton, he told Mr. Harry Musgrove that
Bradshaw, jun. said. their was a quantity of gold leaf which Mr. Riley did not like it. He did not explain that it was
was made peculiarly for them. He could swear to this as falsely packed, and Mr. Musgrove said; " Send it hack."
part of the gold leaf missed. Richard Pollock, a card master in the service of the de-
Richard Beswick, deputy-constable of Manchester, stated, fendant, compared the six bales first opened with the sample.
that he was present when the prisoner made a statement as Three were in accordance with the sample, and three were
to where he was on the night of the 6th. As this statement not. He also made a comparison of the sale sample with a
was not then taken down in writing in the depositions, his sample of the seventeen returned bales, and the latter was
lordship refused to receive again a repetition of it as evidence. inferior. If the cotton had been equal to the sample sent, it
Dr. BYOWN having ascertained that very small quantities would have suited their business ; but there were only three
of paper, as well as large parcels thereof, were sold at Mr. bales that would suit. The mixture nf inferior cotton with
Bradshaw's place of business, put it to his lordship whether the proper sort of cotton (fitted for the spinning of 40's)
the premises were properly described in the indictment, is a would spoil the yarn. From experience, he should say that
warehouse, when perhaps a halfpenny-worth of paper might one of those bad bales, when mixed with twenty good bales,
be sold there. would spoil the yarn. The three bales retained were not
His LORDSHIP said, as large parcels were sold wholesale, better than the original sample. '
there, the fact of small parcels being sold there did not cer- John Ashworth, warehouseman and clerk-to the defend-
tainly make it not a warehouse. ant corroborated the evidence of the last witness. -
Di-. BROWN alluded to a case, Lyons v. De Pass, reported Mr. Wm. B. Swainson, of the firm of Swainson, Burley,
in 9 Carrington and Payne, which he thought might perhaps and Co., cotton-spinners, of Preston, stated that the three
bear him out, on examination, if his lordship would make a bales used were a fair average of the sample. The remainder
memorandum on the point. were decidedly bad ; unfit for the use of the mill, and inferior
Mr. PASHLEY said he was counsel in the case alluded to, to the sample.
and it was held that the premises were a shop, but it was not Mr. Wm. Taylor, a cotton-spinner, had examined the
held that they were not a warehouse. • sample said to have been drawn from the seventeen bales,
His LORDSHIP thought that conclusion a very natural one. and it was very much worse than the sale sample, to the ex-
Dr. BROWN appealed earnestly and eloquently in behalf of tent of id. per lb. He spun 40's in his mill, and such cotton
the prisoner, exhorting the jury not to convict him in a case would be unfit for his ntirpose.
of mere suspicion, depending on circumstantial evidence. Mr. CRESSWELL then replied, maintaining that there had
His LORDSHIP, in the course of his charge to the *jury, been no answer to the case of the plaintiff.
pointed out a great difficulty in the case. The course of the His LORDSHIP summed up at considerable length. After
case for the prosecution left it to he implied, that the prison- having stated the nature of the case, lie said that if a man
er had remained concealed on the premises. The circumstance purchased goods by sample, the seller was boundto send goods
of the prisoner baying presented himself at the hack door of equal to the sample, or there was no sale ; and perhaps, if
the Globe, there being no other mode of getting out of the goods were sold under one uniform sample, and a portion of
place, pressed very hard against him ; but as the gold leaf the goods sold was according to sample and the rest not, the
had been removed, and he presented himself without any purchaser might be allowed to keep the goods corresponding
box or parcel, the difficulty there was undoubtedly very great with the sample, and to return the rest, because he might say
on the other side. On the whole he thought the case had that he bought those only that corresponded with the sample
been brought before them with so much of doubt in it, that it and not the others. But in the present case, even according'
would be very painful to them to convict. The would see to the evidence of the defendant's witnesses, the cotton was
whether they agreed with him in this view ; if not, he would not sold according to one uniform sample, but an average
read over the whole evidence. sample. Then, when such a contract as that was made, that
The jury acquitted the prisoner, and his lordship ordered the average of the bulk should correspond with the average
him to be discharged. of the sample, the purchaser was not allowed to keep one
pourttion, which might be the same or better than the sample ;
sdtuei might,rereh ti
bargain
asot
ri the bulk
vibnuurl a
ikc
circumstances
ti doaisgdee purchased."
.oi ,
et,
r.c, o
iar
irneedbs
upntol
say,i nghdhe
might
had no
oebh
rsaaai
cvgmkeh ptitlll
to
oet,
brwseehpnouthldeemiateen
ketp the better portion, and send b;ack the worse, throwing
that upon the vendor's hands. Then if, according to the
defendant'step.
rsdmt ei
onancneaano d,fe ther,iva.eigtt
etnidreoensff
se
tetnbswde
eta i
nnt'irdte ymsnhaeoavi
tnli
etdmnsee,arsk.hseee s ,h theaa n sale
ghhatd t
fe ek ne
eopn
ae
But
out theany esvuindhenacenaosfethaes
ot that, ant
0,
tbt because uosne tahoi s
averagewas not ,
sample according
o f toth theire
twenty evidence,a
purchased
bales, but a sale of twenty bales, a portion of
on an average sample of the larger lot ; and then the lot,e
fendant, in order to justify himself in repudiating the c -
tract, should show that the bales delivered and the other bars
forming the larger lot would, when put together, form a lower.
average than the average sample of the whole lot. But there
had been no evidence adduced of what the 15 bales were which
were cent to the other party ; therewas only evidence of what
the bales were that were sent to the defendant. According to
the evidence of one of the defendant's witnesses, the purchase
of Mr. Sleddon was made from an average sample of 40 bales.
Another witness, called for the defence, said that there might
have been 40 bales, but he would not swear that there was
not an average
ererwagee 40,sanple of 60 bales. Both concurred in stating
that there and that from them Mr. Sleddon purchas-
ed 20 for Mr. Riley, and 13 for another person. He did not
bpurchaseeent
orr
forged
; the wahnotil e lot
accordingout
to
choi 1
nc hi n theon saveragef saa nptuprl
purchase
was made from the average of a larger lot, it could not be
expected that a smaller portion should correspond with the
whole part that was sampled, because some of the bulk might
be good, some bad, and some intermediate. But the vendor
did not pledge himself that the average of 20 bales should be
in quality the same as the average of the whole, but merely
that the sample of the whole should correspond with the ave-
rage of the bulk. Then, if a purchaser took from the bulk
the first 20, or the second 20, or the third 20, he must run
the risk of getting something better or something worse than
the average ; and to justify himself in sending back even the
whole, he must prove that tvlelioedern2neoce,n,i:vhen compared with the
other 20 (supposing
iNtiogwthtehreerweehread6oh)e,e(illidnonoet
there were -10), or the other 40 (suppos-
atso
hteh eh
aadv
he rett.togreessatmarelde:
of what was the quality of the 15 bales purchased by Mr.
that correspond
there
w t o a s the
no sample.
justification
Sleddon for another party : it might have been that they
were so much better than the 20 bales sent to Mr. Riley,
would
then,
that
to
the whole}rim,
ap-
pearedonthe part of the defendant to repudiate the contract. But
it seemed that this was not even the manner in which the
purchase
of the defendant had been made ; for the 60 bales
from which the original sample was made had been allowed
to be taken by another person, and then, as Messrs. Knowles
and Richards could not give the plaintiffs the same 60 bales,
they offered to give Mr. Riley the privilege of selecting
his 35 bales, so as to reject the inferior bales. With re-
spect to the plea of false package, if that could be substan-
tiated, the goods would then be returnable. The evidence
of Mr. Clare went to show that there had been no false pack-
age, and only one of the defendant's witnesses spoke to any-

NISI PRIUS COURT.—TUESDAY.
MITIGATION OF THE SENTENCE ON
.THE MESSRS. SOWLEIt.
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._ If is
.
lordship said—Mr. Thomas Sowler, and Mr. Robert Scan
Sowler, 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, if the sentence were carried into effect. I
always indulge in
when I can consistently with my pub-
lic duties, m 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 recognisances to keep the peace as before.

BUYING COTTON.—SAMPLES.—PACKING.
MUSGROVE AND ANOTHER ?J. 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. CRESSWELL (with whom was Mr. CROMPTON) stated
the plaintiff's' 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, lie 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 interior cotton, of between five and xis 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 an
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. Mus-
groves' warehouseman went to the warehouse in which the
cotton was deposited, he 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