The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-07-26

MARINE CouRr July 24-Before Judge Smith An
oine Hinckine, BY his nert friend, rs John Passen
battery-the damages laid ut $1,000 MIR. A Bene-
dict conducted the plaintiffs case, and Messrs. Brady
and Griffith appeared for the defendants The plaintiff
is by birth Bayaran and about eighteen or nineteen
years Of age The defendants are Prussians-one the
master and the other the mate Of the Prussian bark
Emile 1t appeared that in April last the bark was at
Rotterdam and about to sail with passengers for this
port The plaintiff presented himself to the captain
and told him that wished out to the United
States that he unable to pay his passage having
money but offered to bear hand at any thing he could
s0 On s u that e
ship had been out days. his cookery did not seem
to give satisfaction. He was put out Of the galley
mate, and sailors had other amusement during the
voyage than logging and torturng the plaintiff Three
brought deck every day during the passage and
got from eight to ten lashes sometimes light and some
times heavy, according to the hu LOT In which the cap
tain happened to be. On OF those OCCASIONS and
when he complained of sickness, he compelled,
against his will drink four glasses of proof brandy,
and logged after drinking each glass. On another
casion rope tied round his neck and stone weigh
ing 20 pounds fastened at the other end He then
taken by the and let down by the side Of the vessel
until the top Of his head touched the water the stone
having sunk to the length Of the rope and kept
pended in that situation minutes, until he got
weak when he was hauled up. AT another time, when
there bes his hands and when he could
not straghten his fingers the captain mate forced
his hands into irsn screw press and screwed down
the plate until the blood Oozed out the ends OF his
nails On his arrival in port, he complained 10 some of
his countrymen of the treatment he had received An
attorney then employed and the present suit nsti
tuted upon which the captain had him arrested
deserter from the vessel and put him in prison Upon
application to Judge Belts he handed to the
Prussisn CONSUL investigated the affair and hin
ut liberty These substantially the facts detailed
by the plaintiffs witnesses. After the plaintiffs
had closed about half past six O'clock the Court ad
journed.
The resumed this morning. Mr.. Brady moved
to dismiss the suit the ground that the
Of the ousted by the treaty entered into be-
the King OF Prussia and the government Of the
United States in 1925 which provides that the consus
vice consus and commercial agents of the King Of Prus
STA shall have exclusive cognzance Of all disputes and
differences that may happen between the captains OF
Prusan vessels ana their and because the consul
till, there end Of 1t. Judge smith denied the
motion, In much the relationship between plaintiff
and defendant broken up. The plaintiff not
turning to Prussia but avOwedly to remain here
he could not therefore, resort to the tribunals of Prussia
for redrets The treaty he thought applied to crews
returning to Prussia in the vessels where they
might they sgrieved by the masters, resort to
the courts there tor redress On these grounds he would
deny the motion Mr. Brady then opened the defence
and said they would prove the whole to bea
sprscy concocted by the plaintiff his witnesses and
verdict against the defendants. and pocketing the
amount Four of the were then examined. They
admitted that the plaintiff was logged about eight OF
ten times during the voyage for theft neglect OF duty
and for being dirty but haty contradicted the plain
till witnesses in regard to the other charges made
against the defendants Verdict for the plaintiff $500
Court CALENDAR.-Common Pleas July % Before
Judge Ingraham-Nos 200 to 22S fredericksburg the
whole of the remaining the July term calendar