Page:Federal Reporter, 1st Series, Volume 4.djvu/579

 HABSHALIi V. BiaiiEB. '565 �from tûe inspecter or his account, and the difference may'be accounted for on the supposition of an error in adding up the total of the contents, given in hjs book, of the 693 logs net marked "P." �It is evident that the amount of the logs sawn into plank, for which the inspecter gave the defendants a certifieate to use with the government, was diminished by the 2,811 11-12 feet of boards, etc., left on the dock. But deducting thia from the total of 302 logs by the book, 18,346 6-12, we have 15,534 7-12. This differs also a little from the witness' statement of the contents of the logs sawn into planks, 15,618 8-12. This difference remains unexplained. His testimony is that 303 logswere so sawn. Thosemairked "P" are only 302. At the other end of the book is a table ap- parently showingthe contents of the planks, the table giving the contents of 682 pknks. Against each there is noted the number of the log, corresponding with the numbers of those entered with the mark "P" in the book, except that four of
 * the logs which are left blank in th#b6ok appear in this table
 * of the planks. The total contents of the 632 planks is 146,-

169 feet board measure. This is equivalent to 12,180 9^12 cubic feet. The four logs included in this table which are not included in the 302 logs marked "P"— Nos. 579, 701, 906, and 907 — furnish 7 planks, whose contents in ail are 1,452 feet board measure, or 121 cubic feet. Deducting these we should have 625 planks, containing 12,059 9-12 cubic feet. The testimony of the inspeetor was that the planks meaaured 12,028 10-12 cubic feet. The bill of lading calls for 626 planks. It contains a memorandum also that five planks are in dispute, to be delivered if on board. �It is thus impossible to reconcile with the book kept by the inspecter his testimony as to the quantity either of the tim- ber or of the planks that went on board, The quantities given by him, and now insisted on by the defendants as the true measure, differ from those shown by his book; and the method by which one was derived from the other — by addi- tion, subtraotion, or alteration of figures — cannot now,.ap- parently, be diseovered. The total quantity of timber and ����