Page:Federal Reporter, 1st Series, Volume 4.djvu/576

 662 FEDERAL REPORTER. �for the freight opon this cargo, to be paid in notes, under the terms of which new agreement there was due from the libel- lants to the defendants the sum of $461.42 as a rebate of interest. �1. The flrst question to be determined is the amount of the cargo. The libellants, in proof of their allegation that the cargo consisted of 47,372 feet of timber, and 12,742 feet of plank, have produced the testimony of a United States inspecter of lumber, and his assistant, examined under commission in California, in January, 1875, to the effect that they measured the cargo of the vessel on its delivery at Mare's island navy yard, and that they took both the government measurement and the freight measurement; that the freight measurement was 60,114 cubic feet, aud the government measurement "was 57,290 cubic feet. It further appeared, by the correspond- ence between the parties in the year 1874, that the libellants had claimed that these amounts were distributed between the timber and plank as f oUows : �Feet. Government measure of timber, ... 44,915 " « « plank, .... 12,375 ���57,290 ���Freight, * " timber, - . . 47,372 �" * " plank, . . - . 12,742 ���60,114 But the libellants oflfered no evidence of the respective meas- urements of the timber and the plank, as found by these witnesses. The California inspector testified that there was a difference between government measurement and freight meas- urement; that the government measurement includes only Sound timber, and excludes ail raft plugs and other defeots, while freight measurement is the actual cubic measurement, including everythirig — ^raf t plugs and ail other def ects. Against the evidence of the California inspector and his assistant the defendant has produced the testimony of the government inspector who measured the lumber for the government at ����