Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-10-16

isvlle, on her way to St. Louis, struck = snaaa
short time since, but did not sink. Her cargo how
ever, was very much injured.
superior Court.
Before Judge Oakley
Olirer Vanderbilt Us the Richmond TuyzDike 10
The plaintiff in this was the owner and can
tain of the steamboat Wave; the defendants owned
the steamer samson, opposition boats plying between
whitehall and Staten Island. On Sunday the I'd Of
September, 1888, the Wave was pursuing her course
to Staten Island, having board between three and
TOUR hundred passengers Of both sexes and all ages
sorts and sizes, when the Samson Commanded by
Captain Brasled, alongside within $50 feet IL
the Wave, when she suddenly changed her course.
and ran into the latter striking her the starboard
quarter. The actual damage was proved to amount
to $40 II came out in the course Of the trial thar
the people on board the Samson manifested desgn
of.rePeating the experiment but in consequence Of
CERTAIN preparations manifested by the and pas.
sengers OF the Wave, for giving them warm recen
tion ihey sheered of The present action WIS
brought to recover the actual loss and Also cla;ma
damages by way OF teaching the owners of opposition
lines slight modicum Of good hampers.
The defence amounted 10 a legal bubble II h.;
commended BY Prescott Hall in behalf OF his client
that corporation could not be made liable for ,bss
wliiul or malicious misconduct Of its servant. :.
agents, and that the present action could ONLY H.;
against the captain, crew, &c. No Witnesses G.
the defence were called but Mr.. Hall admitted tba,
and wfu
The court CHARGED the jury that if thew were Of
opinion from the testimony that the damage suffered
mai irIo
misconduct Of the defendants agent the iurv wsrs
to give such damages as would serve a. a caution 20
captains Of steamboats, hereafter.
The jury rendered verdict for the plaintiT for
$1,000 damages, and said thev did SO becarse th,
believed from the testimony that the transaction was
wilfu and malicious.
5. Sherwood for plaintiff, p Hall for defendants.
General 1essioms.
Amos >. Mech, respe ctabIe looking mechanic
was put to the bar charged with killing Frederic
Canter by striking him on the h. sd With an - =
instrument called square. IL appeared from the
testimony OF several witnesses that the deceased
WORKED lot the prisoner, who was dock builder
On the I'D day of August last, they had a dispu,e
respecting the work which the deceased had been
directed to perform and the prisoner ~
deceased ana told ham to quit the works. Deceased
then ciaiHed line OF some kind which the priso-
ner denied his right 10. Beth parties got 20 verv
high words, and of the wtnes ses said that 6..y
ing there was going to b fight he turned his head
away, and mme diately he heard heavy blow oil;
ven, and on looking roand saw the deceased fall,nr
in consequence Of blow which he Ind rccc;vey
from the prisoner. Gu picking deceased up IL was
found that he had received two wounds, one over
the left temple which laceratcd the dura mater and
to the BRAIN the other on the tor the
skull, and caused BY striking against heap Of stones
;r He pr'onsn on CISCO erng the injuries he had
10 the hospi al, where Mech visited him the .ame
evening, and was tai, into custody by the Coroner
Center lived abost ~ hours after the ARRAY II was
sworn that th1 deceased used very hard language
towards the prisoner before the latter struck him
He was also much heavier man than the nr;son.r
and much given to fighting when he wa~ NJ ali IN
liqaor or labcring under excitemest Of any kind
"A witness described the position Of the parties
at the time the blow was struck, and DR.. Post mi
nstely detailed the nature Of the INJURIES and gave
il as his opinion that Center died in conseouence
thereof IL was also in evidence, THAI previous ~
Mech striking the fatal blow Center lad been heard
to say that he intended 10 give ssch w
~ would prevent his working for the space of ree
weeks. This witness also gave IL as his oninion
that Mech was very much frightened at the threat
ming language and excited manner Of the deceased
towards him The prisoners coun se briefly address.
ed the jury, and called two witnesses named John
Mickler and John Carey, who testified that at the
time the blow was struck Mech was standing ON a
log Of wood surrounded by watsr, and thai Center
was rapidly advancing towards him in a b~xinr at.
tisade, AID that he squared of at Mech twice be-
fore the blow given.
was here suggested by TIE Court that the case
esght to stop. The counsel asseated to this sugses
tion, when one George Potter forw ard and
volunteered some testimony which differed from all
other witnesses either side. II turned out, how
ever, that Potter had been hanging refund Meech's
house and had offered TO keep out Of the way II the
sun of S50was given 10 him,
The case was submitted under the charge Of the
court, and the jury acquitted Mech
Dutchy Dixon, Sam Watson, Jen Trip and lydia
Skidmore four most wrctehed looking ne ro Ioaiers
were put 20 the bar charged with grand Isrcenv in
| stealing trunk If clothes belonging to = "v1ung
negro lady" These loafers had a rare haul for the
prosecutrix swore that beside her clothes books
and papers, she had S4J0 in solid specie Not mar
tce Of this property ever got back 10 its rightful
owner except the empty trunk.
| The jury acquitted Dixsn, and the othcrs were
| found guilty.
| And the court adjourned