The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-12
United States District Court.
nafov. IrIv, natta


The United States Giles HarrisIn this case,
,ed in the Herald Of Yesterday Judge Belts charged
ton prosecuted by the United States against Giles Har
rs to penalty under the act OF Congress, Of
1885, the 10th section of that act pro hibs the master
of vessels carry any letter other than those
relating to the cargo on board, and not being maya
Zine or newspaper under s penalty Of 800 between
part of the prosecution it was alleged that de-
PENDANT was owner of vessel running between
Sag Harbor and New London aud carried letter in lsl5
there was mail route established between them, and
or s @ .s' His honor Ssm
il insisted the part of the defence that the United
and waa for
whether the allegations of the prosecutors had been
proved not You therefore, first t, consider
the defendants vessel performing stated trips between
those places and secondly did she carry the letter
which is the subject of this prosecution On the part
show that she regularly employed but occasionally
In regard to this point it necessary to prove that she
required by the statute that she leave on fixed day and
return fixed day. The evidence on this head Is not
very specific. Mr. Gardiner says he knows her four
five years and has seen her great many occasions
going in and coming out from Sag HarSor and that it
his understanding she had fixed and deermnate periods
of sailing There might be more determnate evidence
but is sufficient for you to determine the facts whether
she was or was not SO employed If think this ev
asncs nn 10 you that she was saag
Sag Harbor and New London, it would be performing
trips at stated periods The next matter of fact alleged
master of the vessel but that fact il sufficiently
proved by Gardiner. Your next inquiry will be- whe
Their he carried the letter From the evidence Of
Gardiner happe Harris, and Sherry you to deter
mine this fact There were points of law raised
by the defendants counsel which the judge ruled in IA
vor of the prosecution especially with regard to
the constituted of the act Of Congress, leaving it
open the defendant TO bring those questions before
the Supreme Court for correction and concluded by
ing the jury that if they believed the vessel sailed
stated periods and the letter carried and delivered
by defendant and that it did relate the cargo the
United States entitled to their verdict The jury
retired and shortly returned with verdict for the de-
PENDANT
John Robinson late sailor on board the ship Toronto
indicted for a volt board said ship, on her passage
from London to this port, put his trial The cap
tain and two mates were examined the substance Of
their testimony that waen the ship got to place
called Blackwell, about ten miles from London, Robin
appeared to be slightly intoxicated and refused to
obey the second mates orders, at the same time using
very abusive and threatening language and that scuf
he ensued between them. The testimony Of the captain
and fatty conradiced by three OF the Sailors
who that Robinson was SO drunk he was uncon-
scious ofwha he doing thai he did not dsobey or
ders that he might have used abusive language and
that he was assaulted by the mate
Sealed verdict this morning by consent
Charge of Reroi.-Brice Mckinney indicted for an
attempt make revolt put his trial and pleaded
guilty understanding that only nominal sentence
would be called for
Held TO Baii-His honor, the mayor held to bail
yesterday in the of $500, at the suit of Pollard &
Crystal for libel parading mock auction placard in
front of their The writ issued out OF the Superior
Court. His own bond was only required.