The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-08-12

boats for two hundred dollars; distance to be rowed
about six miles.
Boar RACE AGAINST TiME.-The boat race against
time announced to take place last Saturday was post
poned until Tuesday The conditions Of the race were
that four would nineteen foot boat five
miles thirty five minutes The distance performed
in thirty five minutes averaging less than six minutes
per mile which considering the rough state OF the water
at the time of the performance the Drawbacks
countered from steamboats,, SC. sc is considered as
very fair rowing
Law Intelligence.
MARINE CoURr-Aug. ll-Before Judge smith-Paui
Bruuf u.s. Leon Besson-This an action for assault
and battery and false imprisonment The plaintf ia
one of the company Of the French steamer
now this port and the defendan Is the Captain Mr.
David p Hall appeared counsel for the PLAINTIFF and
Mr. Tiou appeared on behulf Of the Consul General of
France. Mr. Tilou handed in written protest from
protested against the Jurisdiction of the Court First
Because the parties foreigners and subjects Of the
King of the French; and secondlythe offence
committed the high seas, board French vessel,
sailing under the French fsg and not within the jurs
dction Of the American Courts; thirdlythst by the
French law the plaintiff of the Of the
sell and his entered In the shipping the
defendant being Captain of the vessel he had power to
punish the plaintiff In he guilty of disobedence
efordss ofany other misconduct on board Fourthly
That treaty was entered into between the United
States Government and the King Of the French sixth
article OF which reserves the Consul General cogn
of all disputes and differences that might arise
and said article also provides that the judges.
magistrates and all other officers Of the United States,
should aid and assist the Consul General In arrestng
and OBTAINING all deserters from French vessels, and
when arrested and taken to hand them to the
French authorities. And lastly, that the plaintiff was
deserter from the vessel and there then in the
hands Of officer Of justice warrant issued by Of
the Police magistrates for his for all which
reasons Consul General protested against this suit
being ENTERTAINERS The shipping articles then pro-
duced, together with certificate from the Consul &C.
neral certifying that by the laws Of France
whose mentioned therein formed the ships
company, and under the command Of the master,
and subject to the discipline board French vessels
nAvI Hav otA hat ha NJ
plaintiff not subject Of the king Of the French;
that he was citizen Of Of the Swiss cantons;
thirdly that he was not one Of the crew; that by the
shipping articles he designated domestic servant
pine of the vessel and fourth that the relationship
between himself and the captain broken up after
tns O. s s this M Hall
ed by the Supreme Court that the Marine Court and
all other courts Of this State had jurisdiction and could
eign vessels He also objected receiving the consul
generals certificate as evidence
Judge SMITH said he would receive 1t the certi6-
cate of the consul general but not evidence Of what
was the law Of France. Upon that question he should
he would receive it. and perhaps feel himself bound by
It, In conclusion, he said that under the in Ia
Wendall, he had full authority to entertain this suit
jury was then empanneled and the cause proceeded
with Upon which Mr.. TilIou refused to make any de-
fence and left the court Two witnesses examined
voyage Out on what day of The month or in what sti
tude, they did not stste) the plaiutin and two of
plaintiff by the throat brought him on deck had him
tied up and ordered him to receive 10 to 10 ashes with
rope Of about an inch In diameter he taken down.
put in rons and kept 30 for three days; there
three four other witnesses In court
summed up for the PLAINTIFF after which Judge Smith
delivered able charge to the jury for which
not at present find room Thejury then retired and in
about half hour returned with verdict of $4OO for
the plaintiff During the trial the plaintiff popped his
t nssd psss sae and By
he screamed out and the orer of the court and
or two others among whom was Mr. D. ?. Hall, went to
his rescue and brought the two officers before the court
Judge Smith reprimanded the officers aud then dis
missed them They, however remained below and after
taken before Justice Drinker accompanied by Mr. Hail.
his counsel
CoUnr GENERAL SESSIONS, August lI-Bcfore Re-
corder Scott and Aldermen Dodge and Meserole John
McKeon, Esq District Attorney
PEG Of Guilty.At the opening of the court this
hsvna S 18th aax ~ Nova%h srr IN
Of the value of $780, from George Kretzer pleaded guilty
Of petit larceny and the court sentenced him to the
Penitentiary for the term OF three months
Another Plea Of Guilty.-Danel Jones was then
raigned indictment for assault with intent
battery and the court him to the Pentenary
for the term Of three months.
was then placed at the bar Tor trial on an S2 r
grand in having the 30th day of july stolen
four silver table spoons five silver tea spoons two salt
knife, and willow basket, valued at $50 as from Dr.
Charles Dickinson, of No. lOl West 18th street.
rCHARLEs DICKINSON being sworn, says the 10Th
day Of July sitting my oop and saw the pri-
into the basement he soon after out and
perceived he had something In his hand then went
into asked the servant what she had
given him; she said she had given him nothing | then
followed after him, but soon lost sight Of him; then
the custody OF Mr. Young found all the property had
lost.
guilty, and the court sentenced him to the house OF
refuge
Trial for passing Counterfeit Money.-James Madi.
Loud next placed at the bar for trial in
dictment for passing counterfeit money in having,
the 9th day Of February last, passed counterfeit So
bill purporting to be signed the President and Cashier
Of the bank of Smyrna Delaware, to Michael Rordan
MICHAEL RIoRDAN being sworn, said-i know James
on the night Of the 9Th February last called
something to drink gave him what he called for and
gave So BILL whicn purported to have been issued
by the Bank OF Smyrna, in Delaware; gave him ths
change after taking out sixpence for what he bought
tne Dill now ~ sS IN, ~ .n1 ", On ~
q counterfeit in q few hours after.
The jury without leaving their seats, rendered
dict Of guilty. whereapon the prisoner remanded
for trial other Indictments The Court then adjourn
ed until tomorrow morning.
Tares on Lard and Butter.
To THE EDITOR THE HERALD.
As your valuable paper is intended as q medium
through which to convey the public voice of the
camille community the writer desires to invoke its aid
in correcting what Is generally admitted to be wrong
longer be tolerated in city whose citizens are dis
tinguished for fairness and plain dealing.
allude to ares ON lard and butter The custom with
the packers at the West put up their lard with
the design Of having Jared by certain per centsge
and when change in the per csntage insisted on
then the weight Of the package became heavier The
history of this matter IL folows-When the 10 Der
cent allowed, the packages made much lighter
than they now and when the rate Of per centage
altered, the packages grew heavier with view un-
doubleday OF being reimbursed for the value of the
age for which no charge was made by means OF which
fraud intended, palpsble 1t was gross
An ordinary sized lard keg weighs, when filed with
lard sixty pounds and the 20 per generally
allowed for tares in the principal cities and west
Of New York, will be fraction over eleven pounds
while the true weight Of empty keg is from to
pounds.
II the editor desires the proof, it will be furnished
Last season this matter acted upon here and
tom of allowing actual" tares partially adopted,
but 1t is not adhered to- and will only be corrected when
purchasers insist on actual tares In all cases.
The prevailing practice here operate the great
disadvantage Of business and will become If 1t has not
already terror to the distant merchant DESTROYS do
business here and by its citizens
III