Court Of Exchequer, Satur...
(Bef.re.lheB Loa CIrnEF BAnox.} - >-rALToarroNtopene.1tt e pleaings by itni this to be an in' formation filed by theAttormey-General against tfie defendant. The information stated, that the defendant was amaker of glass bottles, and that it washis duty to find and provide, for the officer of excise, scales to weigh and charge the glass bottles and stock. The counts charged him with havingfalsebeamsand weights for weighingiglass, and also for obstructing the officer in the exercise of his duty. For these offeences penalties were sought to be recovered. The SOLICITOR-GENERAL statedithecase to the jury. The de- fendant, he said, was a maker oF glass bottles at Bishopwearmoutb, in Durham. He vas charged with offences against the Excise Laws in the course of his business, which were, first, for having a false beam on his premises for weighing of glass, which was ascertained to weigh on one side about four pounds in every hundred; he was also charged with using false wveights, and for obstructing the officer in the execution of his dutr. The learnedcounselthen proceededto state the case, as detailed in the following evidence:- Robert Ridley sworn._I am, a Supervisor of Excise, and ac- quainted with the defendant, who carries on the business of a green glass bottle-maker in Bishopwearmouth. On the 13th of Sentem- ber last, I went to thedefendant's premises to weigh the stock, and observed the beam was very stiff on one side. I, in consequence, measured the arms of the beam, and found one arm nearlv half an inch longer than the other. In weigbing, the bottles were ipaced on the short arm, and the weight on the long arm, which, in two hun- dred weight, would make about four poands difference, and would increase according to the weight of the scale; I changed the scale, an(i pUt the bottles on the long arm, when I found it made four pounds difference the other way. The usual number of draughts (weighing) is 25 times a-day, and that is generally five or six timnes a-week, making an evasion of duty of about 90L per year. The duty on green glass is Ns. 2dL per hundred. On amaking the dis- covery, I said T must seize the beanm,; M1r. Robson, the defend- ants man, was attending, and he said I should not. I then ex- amined the weights, and weighing them one against the other, I found one shorter than the other. The defendant's foreman several times repeated I should not take it away, but at length said he would send it to Illr. Nixon's shop, who is commissioned by the excise to adjust scales and wveights, when it was ascertained to be as f before discovered; the weights I also discovered to be incorrect. O0 the Mloniday tollowing I went back to the premises, and found Taylor, an officer, weiglhing; they had then a borrowed beam,which they obtained from flulbard and Co., an adjoining glass-house. They had the same weights which I had before seen, and, consider- ing them false, I tried them, and found them all too heavy. I then took them down to Mr. Nixon's to be tried also, and found them to be the same as at the defendant's glass.house. One weight of 5fi pounds was three ounces and a haLf two heavy ; the second of 56 pounds was the same; and, upon the whole seven, the unfair dif- ference was one pound five ounces. I seized the seven weights. The wtole seven was 22 stone in weight (200 and 0). On the 15th ofrthe following October 1 p;Lid another visit to the defen. dant's premises, accompanied by Little, an officer; I went into the glass-liouse; 11lr. Littlc had been weighiing, and discovering the false beam, lie sent for me, as supervisor ; Alr. Pemberton was in the weighirn room, and when I went to examine the scales, lie pre- vented. me from trying thetA Wheu 1 put a weikht in one scale, he put one in the other, and sait they ivere all right, and lie w6uld being his nien forward to swear it. I told him it was no use, for I bust try it, and at last I (lid ; but it was a considerab'e time be- fore he would allow ine. There was another beam, and that I also discovered to be false. It did not vary so much as the other, but was five oances in 56 pounds; this I also seized,and carried to Mr. Nixon's, when, on trying it with the standard, I tbund it, as I be- fore discovered, a little longer on one side than on the other. I re- turned to Alr. Pemberton's premises, and fouind Tayler, an officer, re-taring the crates wbich liad-been weighel by the false beam.'rhey had then got a new beam fronm Alr. Nixon's. I stepped forward to the scales to see it done; Mlr. Pensberton said I should not come near them, for I had no business there; and, shoving nie from the place where I was standing, placed a man to prevent my comiing for- ward. He caUed me a scoundrel, and said I was worse tban a high- way robber. I insisted upon going near-the scales, but he said I should not, and struck mne several times. 1 was unable to go near the scales, but saw them weighed at a distance. Mr. Taylor was weighing, but he was obstructed by the defendant, who continued to put a weiglit upon the scale every moment. I told Alr. Little to assist him, when defendant said, " Who are you?" and, turning round, said, "' Is he sent bvy you ?" I said lie was ain officer, and ordered by the Board to do his dutr. Defendant said we were a cursed criw, and after a long time had elapsed, they suceceded in re-taring the crates. WVe found several of them lighter than they had been tare4 at before. He deducted the tare of the crate from the weight of the glass, and fouand a pound of glass that had evaded Cross-examined bv Mr. J. NVrLLIAMS.Def'endant said tbe second beam was his; but I do nof know whether it was his property. It was an old beam. I had surveyed Mr. Pemberton's premises two years, and consider it was the saime beam that had been in use during that time, and for eighteen years before. Mlr. Pemberton's men alwavs put the weights and bottles in the scale, while I sat dovrn writing. There are about 25 men in the manufactorv, and they geiiarally assisted each other in bringing the botQles to the scale, with the exception of the bottic-blowers. WVilliam Tavlor, an officer of excise, acsomnpanied the last wit. ness to:inspectthe defendant's prenises' fie proceeded to give an accouit of the seizure, as detailed by thelast witness. When exa- mined respecting the beamn, he secaed to be unable to cxplain the fairdess orunfairness of the beanm. lle said the beam, without hav- ing any weiglit placed in the scales, ir.as regular, and that when the fifty.six pound weights were placed one in each-scale. then one scale went up, and appeared much lighter than the other, and re- quired some smaller weights to ma'ke a balance. He said he found soine of the crates heaviLe and some lighter than the proper weight, bet the greater part heavicr. Ile remembered Mr. Pemberton ob- structing Itidley, and telling him that he and his-cursed crew had better nmeet him on the higbway, where he coald defend hilself. Archibald Little, another offlcer, said he Lvent on the 15th of October t9 the defendant:s 9premises, ald discovered the beamn to be untrue. George Wetherell, another officer, who accomparMied the former officerts, gave his evidence in corroboration.-The seizure and con- demnation was read by.the officers of the Court. - - * Johni Hale." of Suindrtland. said he recoDlectedthe weights and beam being brought'to 31k.'Nixon's house in the defendant's cart, Upon trying it, he foundIt-longer at one end than the otler, giving two pounds weight in t6o lm3'dred. Another beam was bro;ght down with the weights, and found them too heavv. Mvlr. Kirkland. the Deputy Chamuberlain of the Exchequer,re_. lied from Ridiey three weights of o6i pounds three ounces and a ealf over; one of 28 pounds one ounce three' quarters one of i2 pounds four ounces and threequrtr;adoef28pnsoe oue~oe~.~again quarers; nd oe of 28 pounds one idle.y being agin called, said the defendant was a regular green gass bottle nmanufacturer, and liad been charged as such. Mr. WILLIAMSC proceeded to address the jury on the part of the defendant. He requested them to noticethe defend4nt,who was sitting in Court, and sav, wheiher from his respectable appearance thev thought these fraudls coutld, with truth. be imputed to him, and with which both hirmselfand ance.stors were charged. WVith respect to thei scales, could it be suprosed that scales used for 20 years past, aud always used in weighing bulky articles, could be of the same exact- ness as those used in weizhing gold and diamonds ? The average weight was 200 pounds which was placed in the scales, and coulti it be supposed that they would be exact to a feather ? No witnesses had been called oa the part of the prosecution, who could say that in the common and veguLr course of business any thing could be dis- covered in the beam at all improper. It aDppared that these scales uonld, accordingto the evidence of the firsf man, give a difference of 4 nounds in the 200, and afterwardshesaid that itgave two pounds in 200. HIe would prove that the second beam, upon which thev sougnt to convict the defendant, was borrowed by him of Mesers. Iaing and Rubbard, respectable tradesmen in thel neighboarhood, considering that at least free from any blame; but that was in like *roanDer condemned. Supposing the scales to he used with any frauduilent intent, it was necessary, on every weighing, to see that the stock was Placed ia the lighter scale; could. it, therefore, be presumed., that the 25 mnen employed hi the defendant's nanlf:.ctory would not indierinimiiately pult ahe bottles in the scales? Witt regard to the weights stated by his learned friend, and who, like the Jew in the play, claimed his pound, and nothing pat his pound-not a particle more or less-vwhat evidence was there broutht fbrward how long they had been in use ? Wbat said Taylor ? That some of the crates weighed heavier, and some ighters* the aupposition from this was, that some of the bottles bad been put intothe heavy scale. In the other two counts he seas charged with cursing and swearing at tbe officers. Oh, shocking do PUt 4001. upon him for saying excise-officers were not angels. Pu- nish him, gentlemen, hy fining him 4001. for tbis abuse, and the fame of the Excise shall be emblazoned to the farthest extremitv of the Tyne or the WYeir. Panish him, gentlemen, for opposinlg Rid- oy'i examiuning the scales, and tbr preventiighis old enemy Ridley from comtng forward. Of absolute proof that he provided these weights there was noae4 and that his neighbour, who used a similar beam, and was punished, there was none. He entreated the iury to take these facts into their consideration, before they returned their verdict against the defendant, and allow him to obtain that justiee in this Court whicb he would in any other George Plant.-I am warelhouseman in the defendant': ware- house, and was so in September and October last. I recollect the seizure beinz made of a beam, which I had about half an hour be- fore borrowed of 51r. Laing, the ship-builder. Cross.examined._I was in the excise about eleven years since, anzd left in consequence of incurring the Board's displeasure. Re-examined.h was discharged on account of some drink, the Board having very great ideas of sobriet. George Armstronz._I have been in the service of the defendant about six years, and for fourteen Years before in the service of his father. Irecollect the first pair of beams which were seized having been employed in the factory about 16 years, and the weights which were seized the same time. Cross.examined-j.rlien the supervisor came, he passed the bot- tles through the leer, and weighed them. The S0oLrCToR-GwS.ERA repliel. The LoRD CHiuEP B,TRo2. summed up the case, and the jury, after a short consultation, returned a verdict for the Crown on the Ist, 2d. 6th 12th, and 16th counts of the information, thereby decl.sring kim guilty on all the ciarges.and subjectinghim to a penalty of 6001. COURT OF EXCHEQUER SATURDAY. JUNT .I. I FALIVE XYEIGflTS AND SCALES.-T1IE XING V. PEMBERRROn.