Ho had re ceived £9O in part paymont;ho proceeded with tho work and completed it on Wednesday the 4th of July, ho had accomplished it within tho pre scribed time, or two days fivo hours before tho time. Cross-oxaminod by Mr. Nalder: Some of tho cargo was damaged—was on board all the time— a pile was fractured; it was got out by the captain's orders, the pilo was sent up by tho tackle, and the captain gavo the ordors to lower, it came down and ono of the shoulders got broken off—was down below when the cases got smashed on deck, out of the slings, the mate had charge of the deck, ho was superintending tho cargo ovor tho tide—witness stated that he had had altercations with the Captain, although ho told him he was omployed to discharge the cargo. S. Ecarby, one of tho men engaged by tho plaintiff to discharge tho ship, stated that his business was at the winch. He remembered the cases of gin coming up from tho hold. The slings weretoo long. The packages would not go over the side; he saw the cases fall out—some fell on deck, and others fell into the lighter, Tho mato frequently ordered things to be lowered down on dock to alter the slings. The broken cases wero taken into the cabin. There wero three or four cases broken out of the sixteen in tho slings. Captain Boyd here stated that he took charge of the broken cases and thoir contents, to prevent their being pillaged. Mr. Missen, Custom-house officer, stated that ho noticed the cases coming up out of the hold; they appeared to be all right; ho was standing at the corner of the hatchway below; tho mate was on the deck in charge; plaintiffs men were at tho winch; could not say who was directing the work. By the Court: Eccollected the particular cases because it was is his business to alter the tally for the lighter. After re-packing those broken they found four short. Tho steward was discharged during the time he was on board; ho tvos seen to attempt to take one of tho bottles of gin, but was prevented; did not see the pile broken, it was damaged below. 