The New York herald., 1844-11-12
Superior Court.
Before q full Bench.

Nov ll.-DEcIsroNs-Tne Merican Steamer William
Boz BO,;eeh vs. Joseph A. tEspao This n was motion on ap
be discharged on common ball. being placed under arrest
by plaintiff for illegal detention Of his trunk board the
The has already been fully reported in the Herald
The defendant post captain, commanding the Mexican
frgaes lying in this port since June last The plaintiff
mariner on board the vessel having enlisted at
Vera Cruz under the Mexican government, FOR term Of
one year. being an American citizen. On the err.vai Of
demanded his trunk and discharge which he claimed
on the GROUND Of the expiration of term OF
the service The defendant refused 70 give up
the trunk pay the wages claimed by Bsstwck, upon
with view to bring the before the civil courts
The Court gave long and elaborate decison, detailing
the facts and the various proceeding. By affidavit had in
Chambers BEFORE covering the entire grounds OF pro-
csedngs and held that the defendant had authority
control the crew, except to require their services
Purser board was authorized to make but two pay
ments by the Mexican government from the date Of the
the complainant asked permission from the Commander
to 20 shore and went on shore accordingly where he
o. @ " 0 on Gr
for wages AMI deserted the shp that he sub
sequently demanded his discharge stating that his
ing in friendly port, entitled to the pro-
lection Of the Governmen mt, in as far as the nterna
cerned Il appeared as an admitted fact that the Plaintiff,
contracted with the Mexan Governmen-and there fore
was subject to the orders and control Of the Mexican
mander. He was placed regularly under the command
Of the Defendant on board the " Gusdaoupe" He came
detention OF his clothes did not appear that there
demand sustain the allegation There, therefore
and OF the and that he ought to be
discharged on common bail In relation to ths alleged
fact Of depost Of funds for that purpose in the hands Of
the Commander, 1t did not appear on affidavit for the
specir purpose Of paying of the hands board The
Deendant doing his duty under his government and
the laws public usage and the commity of nations
him After explaining the extent Of civil urs
diction and the powers OF Civil Court Of the United
states to act in such a case, his Honor ruled
that the defendant be discharged common ball. in
order to enable the parties to settle the differences be
THE sscorp CAsE.-Edyard Ford W. Estoven Begovick.
This proceeding in Chambers to hold defendant to
bail for assault and battery committed board the Mon
tezuma" The plaintiff came passenger on board the
vessel it, trip from Vera Cruz to this port and worked
his passage On leaving the vessel he called for his
Clothes when he was assaulted by defendant who is
lieutenant board for alleged insoent abuse Of the
above officer The Judge in Chambers gave an order that
defendant should give bail in $l000 which confirmed
in full Bench.
WO Dusenbury ads. George Nehois-APpeal from order
at Chambers dismissed with the exception OF Witnessed
fees twelve days Of attendance to be taken out Of the
bill Of $2l-for the three appeals and costs In
the appeal from the bill OF costs in relation to witnesses
Charles Bitnge and George Ep7ns, .asagnses al.
erander CampbeH-Ruled, that defendant is entitled TO
costs
Ernest Fiddler and Eugene Dertih ads Ell W. Butler.
The assignses entitled to costs.
u. n HeCkscheT n.
Of Louisiana Judgment for plaintiff on the demurrer.
Mark palette vs. Robert STANDARDIZATION for new
trial denied.
Wm Vreeland vs. VIM. Lynch-This was an action on
the tried in the Marine Court wherein the plaintiff
nonsuted for variance between the proof and de.
csraon the proof showing the injury to have occurred
in ls42 and the time laid tho declaration s44 the
reagued in relation to the costs under the
statute Of ls4 as to whether under that statute the plain
Upon which decided that the Judgment be render
ed for the plaintiff in error, with costs b. L. Bilinge,
Esq Tor plaintiff in error c. g. Roe, for defendant in
error.
wta oiire Co. y B,itten The jury in this case
cents damages and six cents costs.
Nov. IL Singular Lac Question. Samuel Adams,
Of Ohio appeared before Judge vanderpoe yesterday
writ OF habeas corpus to test the power Of the Go
Of Ohio in surrenderng him to the authorities Of
this State the charge Of obtaining money under fslse
pretences from citizens Of New York, the alleged offence
having been committed while the accused was resilient
ofthe State Of Ohio and the money received having been
paid in that State Mr. Adam: was forcbly arrested at
time could be given test the question before Judge
by writ Of habeas corpus He this city in cuso-
home. Owing to Misunderstanding to the day OF
trial he did not arrive in time, and the bail cond
onay forfeited He arrived few days asrwsss. and
ken test the question: but owing TO refusal by the
prosecution admit the certificate ofhe Governor Of this
State proving the requis0D became TO send
Albany to take his testimony and the argument there
fore postponed until Wednesday morning. when IL will be
Wood GSm snS Mo
the prosecutors have called in Messrs. Hoffman, Whi-
ting and Gregg, to aid the District Attorney The case
Is OF much interest and involves several important
principles Of law and State sovereignty.
FATAL AFFRAY.--The Norfolk Herald states that
man BY the name Of Crickmore, was stabbed with 2
bowie knife, by another man named lamar. at South
Mills, Monday last He cut Ia the abdomen, and
supposed to have died Jamer arrested, and con-
fined In the Camden Jail
CoNvrcTEp.-Dr. VIM. 8. Goodwin, formerly Of
Greensborough, Ala, was tried al the recent term
Of the Circuit Court OF Lowndes county Miss, Tor the
murder Of Mr. Abbot and found guilty OF granddaughter,
which s, believe, punishable there by ten years i'm
prisonment In tha Penitentiary.