Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-07
Price Two Cents.


Court.
Darts VS. Neuin This was an action ,nstitu,ed
to recover damages for alleged assault and bate
ry committed ny the defendant, captain of the ship
York, OF New YORK, while at Greenock in Scotland.
The plaintiff laid his damages at $1,000
IL appeared IN evidence from the plaintiffs wit
ness, one wood, seaman, that The plaintiff came
aboard with HIM TO see him off when the vessel was
ao"nt leaving Greenoek, and that just before she
cast loose, he attempted to go ashore, but was pre-
vented by the mate that he partially ,ntoxica-
ted-reslsted, and was ordered into confinement;
that he then said he was not one of the crew but IL
dad not appear that this told the plain until
the ship had left port except from the evidence of
owe witness, who testified he heard the plaintiff tell
the captain that he a Scot hman, and did not
belong aboard the vessel. II appeared, also, that
such force was used, or such struggles took mace
in combining the defendant that he von,i.ed blood
&c. number of the crew testified 10 about the
same thing and that the plaintiff continually said
10 the mate, at the time he attempted to leave the
vessel that he was not IA seaman.
YIN the part OF the defence under the plea Of the
general issue, and notice Of justification, it was
sneWh by the testimony Of the first aud second
Iha'es' and passenger, that Davis did attempt
10 go ashore but once after he came aboard and then
IL was with the witness, Wood-that they asked
permission, and promised to retum-they did re-
turn, and that Davis remarked on his retprn that he
was as good as his word, and would be during the
voyage.
1t did not appear that the difficulty took place I'M
tll after the vessel left port, when the plaintiff and
God were drinking together in the forecastie and
were ordered out by the mate TO duty. Davis re-
fused, said he wanted to change his clothes, and
used mutinous language. The mate had TO call for
assistance when after desperate struggle, in tho
course OF which the plaintiff II seized the ant
forced him up against the rails, the plaintiff was SO
cured-he was not Kept tied more than an hour ane
half he came deck TO his work, and expressed
great contritIon for his conduct; he went to hit
work voluntarily.
The blood came from his mouth on account Of,
blow from the mate, while securing him IL he vo
mIted any, il must have been by reason Of his owr
wild and desperate struggles. The captain wal
proved to have always been humane man on board
of his ship.
The shipment having been made at Grcenock, ani
In the absence of proving signing Of articles, the
defence rested manly, under the general issue, Il
Jasty the force and restraint as necessary to quer
an act OF mutny and characterization leaving the
jury to Judge, from the evidence Of the plaintiffs
acts and declarations, whether he was a seaman
aboard the ship.
The cause was opened at IL A. NJ, and continued
until r. M with quarter Of hours int ernis-
sion-when, after the summing up Of COUNSEL, and
the charge of Judge Sherman, the jury retired and
came into Court at o'clock, with a verdict for
pa'ntih OF fifty dollars and costs which defendant
paid on the spot.
For plaintiff, Alanson Nash. Mr.. welsch--for de-
PENDENT, II. A Lambert, Mr.. Claiming.
HOUSES AND STORES BURNr-Loss, EDO, Co.,
Between three and four this morning, the bells of
the Roman Catholic Cathedra. sounded The alarm of
lire and II was sscertained by those Who rose from
their beds and went out at that unreasonable hour
that store Of the wharves in the lower Town
was on fire, which was visible from great distance,
premises OF Messrs j. II. Joseph, & Co. Wholesale
Tobacco merchants, and Mr.. ID. Fraser, West India
fish and oil merchant, on the south side of the Ma
poeon wharf, were enveloped in flames. A large
portion OF the property destroyed onged to Alder
man B1tean, who. we are sorry to learn, will be
Iooser to large amount his Insurance. be ing insult.
Client to cover the loss. The following shows the
number OF buildinss owned BY that man. w ch
mo In. nm zach.
The stores occupied by Joseph Il Co., Donald Fra
ser, aud Mason, StraRg, Langevin g. Co-iusured
Tor EllO0 at the Quebec Assurance Office. Two hous-
es occupied ~ Babinesu ard Gaudry T; Proudley /:
Misses Poncy p. Gourdeau, pilot and liz the
rear by w. Newton, and ID. Fraser, for ofices-in-
sursd i1r ESQ at the Quebec Office. Large house
$500 at the Quebec Office The tenants in the above
houses were ensured as follows :-Bab;neau and
Gaudry, on stock of ship chandlery, &c-SOO at the
Quesee once Proudley, on furniture, liquors, &c
seph x Co. fl500 at the Phoenix Office. Mr. Do
nald Fraser had insurance for fi00O at the Pr Or
nix Oirce-but about GlOOO will cover his loss
The ELECTS IN the rear Of the store were principally
saved those in front, consisting offsb, oil &c des-
trsyed. We are unable 10 ascertain the amount of
Messrs Mason, strang & Cos Insurance. we have
near II sta'ed, at Loon, divided among three or
four offices. On the Victoria House, the two four
story stone houses in the rear, the furniture &c of
all three establishments, Mr.. George Arnold the
proprietor, was insured but for f20oO-at the Que.
bee Office. Messrs Charles Bracklesby & Co.'S
stock, and the furniture OF the dwelling house suC
iered much damage, but the loss is covered bv asu.
rance at the Alliance. The number Of buildings des
troyed, we make IL, were; store. 3: hotel. a /.
taverns J; dwelling houses 5-total II IN addition
TO which must be added Office occupied by II w.
welsh, Esq. on the wharf, which omitted TO me n
ton in the above list The to al loss !. estimated At
fSo,Ooo.-Montreol Herald Of Saturday.
TRE LATE MuRDER AND STANDARDIZATION we re-
received yesterday in town from the Red River set
Element, dated the III August, that the time occu-
pied in performing the voyage and journey was ex-
actly two months. No mention is made in anv IF
the letters about the unfortunate murder and suicide
said to have been perpetrated by Mr.. Simpson ON
the 231 Of June, although the distance from the plac.
where the deed was done only three DAYS Jour
ney, and that to ST. Peters by which the iniorms-
ton was received is nine DAYS iourpex The. \.