Hampshire Sessions.
The Times, 1824-05-03T00:00:00

[From the Haampshire Telekgrape.] William Donkiti, a coal-meter, of Southampton, wvas indicted by Mr. Richard Smith, a coal-merchant, of this citv, for having falsely and fraudulently defrauded him of a quantity of coals, in the dis. chsrge of his office as coal-meter, on board the brig Heart Of Oak, Iying at Northam, near Southamptoni, on the 15th of Dccember last. The facts were these, and it being a case of great irnportance to the public, we give the trial at some length. The first witness called was Samuel Lefevre, Esq., collector of the Customs at Southampton, who stated, that he knew Donkin, as a coal-meter, for the last 20 years. On the 15th of December last gave him an authority to go on board the Heart of Oak, a vessel just arrived at Northam with a cargo of coals, and to measure them ; knows Mr. Smith, a coal- merchant, of Winchester, who complained to him of the defend- ant, and applied for another meter. There are twelve meters at the port of Southampton, and witness has the appointt- ment of them to the ships. Before a person is appointed a meter, every inquiry is made into his character; defendant alwavs bore a good character, and never had a complaint made aggainst hiM before. Witness was present two days ago at a re-measuring of coals in Mr. Lintott's store, which did not hold the measure on that re-measu,ement by two bushels and two gallons on a chaldron: attended the re-measurement by request of the coal-meters. Alr. Richard Smith stated, that he had carried on the business of a coal-merchant for the last ten or twelve years. On the 14th of De- cember last he bought a cargo of coals out of the ecart of Oao, laying at Northam Quay. He went on boarl the ship the following morning; she was then unloading part of the cargo into abarge alongside, on h;a account: he asked the defendant how manv chal- droni had been put into the bs.rge, and he replied fourteen. Suspect- ing the measurement, he desired the defendant to desist, as he in- tended to get the coals rei measured; applied to the Custom-house for another meter, and one Diaper was sent, wvho re-measure;i them, and made a deficiency of thirt -eight bushels on the 14 chal- drons. On his cross-examination, he admitted that he offeretd to comnpromise with the Captain of the brig, if he would pay him the deficiency, which the Captain refibsed. Mtr. Hienry Wills, a coal-merchant, of W inchester, staled, that he went on board the vessel with Mr. Smith ; heard the defendant: say there were 14 chaldrons; was present when they vere re-mea- sured; there were 12 chaldrons and 34 bushels,; left a man in charge of the barge whilst they went for another meter. AS r. Smith wvas very warm, and used sorne abusive language to the defendant. Joseph Tarrant, a bargeman, was in thc barge from the time they began loading till M1r. Smlithl and his mraster came, when they gave him charge of the barge, and went for another meter; re- mained en board till the meter arrived. Join Beacher, another bargeman, confirmed the last witness's testimony. John Diaper, a coal-meter, was sent by the collector to re-mca- sure the coals, and they measured 12 'chaldrons and 34 bushels. Heard Donkin say he had put in 14 clialdrons, and thinks he asked him the question. On his cross,examination,hesaid be had been a meter about a -ear and a half at the time he meastured the coals. Wlras not aware thev would lose on a re-measurement, but has since ascertained thc fact by the above eXperin=ent at Mr. Lintott's store. Benian,in Lawrence was called for the defendant. whlo stated he wsa a labourer on board the Heart of Oak; that Donkin was the mater. WVitness whipped the coals out of tic hold; Donkin ap- peared to give good measure, has been in the trade 22 years. As the coals are worked at Northam, there must be a deficiency, for they work first the large coals, and then the small coals and if they aOre afterbwardhs measured together, there will be a deficiency of a gal- William Pithard said he had been a coal-meter for six years. It is his duty to see the measure is fall; stands close by the hold of the deck. The practice at Northarn is the same as it is every where else; has often measured coals for the sakc of prac- tice; hias found there is a ereat deficiency in the measure if he measures large coals separate from smnall coais, and afterwards mea- sures them together; oftren, on a windy day, if the coals arc drv. a gallon on a bushel will blow away, and the dust will be seen f'oat- ing round the vessal on the surface of the water. Another m eter gave the same account that deficiency would arise on re-measurement. Thejury returned a verdiet of Guilty, and the defendant was ordered into custody,to be broughtup forjudgment thenextimorning. Immediately on defendant being pronounced guilty, the prosecu- tor applied to the Court for a lenient sentence, stating his object was answered by convicting the defendant, as he hoped now the meters would be made sensible that they had a duty to perform; and he did not wish for any punishment to be inflicted on the defendant. The Chairman, in calling him up tbr judgment, remnarked that he had been convicted of a gross fraud, and one very difficult to dc- tect; that he had taken a solemn oath to protect the public he hiad been proved to plunder; that his age formsed no grounds for a fa- vourable consideration, for at his timne of life he ought to have been preparing himself to appear before another and a more awful tribunal, wMhere he would have to account for the sins of his life; that the pub- lic must be protected from the frauds that had baen practised1 on them; and that the collusion that appeared to cxist among the meters must be put an end to; and if any of them were again brought before this tribunal, they would have a nsuch heavier sentence passed on them than the Court was disposedI to inflict on him , and that they were disposed to pass a liglht senteiice on him, in consideration I of his infirmities; that one of his comrades had yesterday assertetd they were all considered as rognue, and certainly lie had never seen a set of men who had deservedly obtained so well-earned a name that he hopedI the fraudulent practice woultd be put an end to by this conviction; and the Court,takin- into consideratien. the age andl infirmities of the defendant, his previous good character, and time re- comnmendation of thze prosecutor, should only sentence hini to oPie month's imprisonnment in the common gaol. and to pay a fine of 51., and to be imprisoned till the said fine is paid. HiAfPSHIRE SESSIONS.