Page:Federal Reporter, 1st Series, Volume 4.djvu/580

666 ?SDE£AL BEPORT£B. �planks swom to by him as his measurement — 67,166 cubic feet — does not differ materially from the quantity found by the Califomia inspectoç as the resuit of his government meas- urement — 57,290 feet. Considering the uncertainties above pointed out, in regard to the Newburgh inspector's tes- timony, I think the California inspector's return of the gov- ernment measurement is the more trustworthy, unless his whole testimony is to be rejected, as is insisted by the coun- sel for the defendants. It is insisted that there is evidence of an intention on the part of the captain of the vessel to pro- cure at Mare's island a greater and f aise return of the freight measurement. There is nothing in the testimony, of any value as evidence, supporting this theory; and the point made, that because the mate of the vessel testified that he helped the California inspectors by holding the tape-line, therefore discredit is thrown on the results they reached, bas, I think, no force. �The principal question, however, is 'whether these Califor- nia inspectors are to be Aedited in their statement that the actual Of freight measurement of the timber and planks was 60,114 cubic feet. If this ia true the Newburgh inspeetor who was examined on the trial was mistaken in his recollec- tion that he took the actual measurement of the entire logs. He must bave taken less tban that to account for the large difference in quantity. It is not improbable that, when ex- amined six years after the event, his recollection should be at fault on this point. His measurement was undoubtedly a measurement for the government alone, and not for the pur- pose of getting the freight measurement. Upon ail the tes- timony I think it is clearly proved that there was a differ- ence between the government and the freight measurement of this cargo, and that the measurement taken by the inspec- ter here was government and not freight measurement, and that the amount given by the California inspecter must be taken to be the only freight measure that was taken. The allegations of the libel as to the quantity of the cargo and amount of freight, according to the charter-party, are satis- factorily proved. ����