The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-08

port: after being for time she again sncoun-
tered boisterous weather. struck by two three
heavy seas and ultimately had to put back to Beau
fort, the weather still continuing very bad and
while crossing the bar going into Beaufort harbor abe
struck and part of the cargo had to be thrown over
made bis second protest called survey, and the
vsyors were OF opinion that It likely the owners
CO. what remained was then taken out by desndsnt
and sent to this city by another vessel the defendant
havin. as was STATED BY plaintiffs counsel, received
from the cluotav with whom he had iosured, the
amount g. ais loss. Toe plaintiff having to pay all
the expenses incurred by the disasters with which the
Of adjusting brokers' Who struck general average.
which in this instance composed Of the wages Of
gss, piotags, wharfage and other small Items
The was called upon to his proportion Of
pei him to make good his contribution The action was
defended on several grounds but the three principal
grounds we're frst that the sought to be made
liable must be put In possession Of his goods secondly
that there delay part Of the Cap
tain; that he was not justified In writing or commun-
msdatsiy and thirdly, that the vessel was not sea
worthy Upon the first point the Chief Justice charged
counsel stated that according to his own evidence his
client got possession Of the cargo, for he had 1t tran
shipped and brought to this port, 20 that that de
renee must fall to the ground. In regard to the
delay he thought the defendant must also fail il by
MS evidence he showed that there unreason-
able delay ON the part Of the their captain.
1t would DO good ground Of defence; but here there
was no proof Of unreasonable delay and
he thought that under the circumstance 1t was pru.
dent and proper Of the captain to with his
owners. The third ground Of Defence that the vessel
trustworthy at the time she her voyage
was the most serious ground and doubt II she was
the arv would have to
she not worthy from the evidence before
them was proved on tho part Of the defendant that
she was Ia years old The defendants counsel also
lied upon some entries In the log book to show that
she not seaworthy at the time Of Fencing the
csptan the PLAINTIFF agents. and ship builder one Of
whom swesrs that she was thoroughly repaired in S45
builder says he examined her. and that he found her
repaired except some small repairs about her
stern post which he would have done for $3.50. Howe
YER the only question b she not seaworthy the
timeshs commenced the voyage! II from the evidence
the Jury could to that conclusion then they ought
to find for the PLAINTIFF fthey thought she not,
then they ought to find for the defendant for
plaintiffs for S795 o. For plaintiffs Mr. Cutting for de-
PENDANT Mr.. H. Ketchum.
Judge Betts.-Charge IF .assauu Nth a Dangerous
Weapon james II Leeds, mate Of the AmerioAu ship
Gilbert Hatfield indicted for striking Oscar Wnnerland
one Of the crew, with dangerous weapon, put
his trial 1t appeared from the evidence that he struck
him with HEAVIER twice on.the head, and on his
arm. The Jury acquitted the prisoner.
Charge Of Cruel and Unusual Punishment.-Eliphi.
ls Kngslsy Captain Of the Gilbert HATFIELD and the
inoting cruel and unusual punishment on the said o.
car Winnerland, by tying him up in the rigging,
pumps while laboring uudsr severe At of sickness
The jury remained out for time, but at length
came In and upon being asked they found the prison
ers guilty or not guilty the foreman answered that they
found them not guilty but that 1t very cruel and
unusual punishment Another juror asked II that
could not-they must nnd general verdict Of guilty or
not guilty-upon which verdict Of not guilty was
The Grand Jury returned true bills against Berchel
Lopez, Joseph II. Parks Thomas Boxal, Henry Gray
son, and i've Others charged with an endsavor to make
revolt.
COMMON Pleas, Oct before Judge Ulsh Defer -
Mitchell 4 Carrigan vs. Trust Fire Insurance Company.
The jury rendered verdict in this cause for the
CouRr OF GENERAL Sessions, Oct Before Recor-
der SCOTT and Aldermen Feeks and Tsppsn. John
Mokeon, ESQ, Distric. Attorney. Case Of Madome
ResteH-At the opening Of the court this morning
James T. Brady Esq, counsel for Madame Rests made
application to the court to grant commissions for the
examination Of certain the defence
In Massachusetts and New Orleans The District Al
orney ON the part Of the people objected to the grant
ing Of tns on tne ground that the aPplics-
ponng the trial Of the cause which set down for
Monday next Mr. Brady replied at length to the argu
refused the application, whsn MI. Brady gave notice
TIA for Conspiracy 1.-The trial of Alfred
Ksrshaw and John X Townsend for conspiracy to de-
fraud then resumed and the testimony for the pro-
secution continued.
JOHN surPHEN swon-A gentleman by the name of
to 20 to the Office OF Mr. Kershsw went with him;
while there MIR. Wood asked Mr.. Kershaw to return
UI p' yo ss MN.
were doing business under an association asked him
who the directors; he said that their
In the paper; asked him where they lived; he told
that Mr. Jones' Of the directors, lived Long
land and that others Of them lived in Philadelphia he
then sid he hoped would not do them any harm.
HESRr X. MARKS sworn-In the latter part Of April
as clerk left the ONCE on the nth day Of May fIiow
ing which was accepted on the Sd day Of June
board Of directors while there Mr.. Kershaw was the
psny when went there | was shown resolution by
which was appointed secretary, on the 9th day Of
May; was then told by Mr.. Ksrshsw, that John X.
Townsend had been appointed president MIR. Ksrshaw
paid me for my services while was in the employ Of
ass my M was 70 write sssr
ledge Of book having been kept In the Office except
the policy book Mr.. Kershaw told me that the capital
stock at ono time upwards Of 100000 in bonds
and mortgages | never saw any certificates Of State
stock left the Office because did not know anything
Of the city papers until after left the office, and then
without my appreciation or wish never saw Mr.. Town
send In the ofico before he came In a. president do
not know Of Mr. Townsend having signed policy
other paper in the Office
ErHRAiM HOWE sworn.-I am a manufacturer of cam
phene; had in 1916 factory In Canal street.
broadway had policy Of insurance on my stock
from ths ONCE No 20 Wan street 1s%uestsS to have
have to the directors about It, and would call
and let me know about IT; he did not call on me !;
Of the money paid him. and gave his due bill for the
balance, Sal have since received the whole Of the
amount.
The testimony for the prosecution here closed and
the case adjourned until to morrow morning.
Pisaof Gmity.-Joseph smith, on being arraingned on
two indictments for petit larceny pleaded guilty to both
and sentenced to the for the term Of six
months each charge.
The court then adjourned until to morrow morning.
CoURr CALENDAR, Oct s.-Circuit Court-Before
Judge MorehouseNos. 80, SO 65,67 So go H. 49, 50
81, go 81, 3D. 49, 81 o. oO l0l loa Before Judge I'd
wsrds-Nos 1872 1874; 1875, l3s, $780, l40 al l42, l43,
l44, las, LAG, lI7, las, 100.
2d-Nos %, 96, OF, 90, 1ol, l07, 100, ILL., 49, 80.
Superior Court-Two Branehes-Nos 20, 90, 20 80,
3d. o. 9o o. &c. l03 o4 1906 lo7, los, liz, lI6,
lis, lie, 100, Is, 40.
Police Intelligence.
Robbery Of Watches and Joeyy -HesPecting the
watches and ewelry stolen from the store OF Laid Big
elou Of Fulton street and Broadway on last sun
Gay morning. rumor has been in circul:uon ths lAst
few days rejecting the magistrate and officers con-
nsctsd with the arrest and disposition OF the guilty par
ty; therefore We deem IL act Of duty towards the ON
IL AZ n nv "A