The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-25

hour, and travelled eighteen miles returned to New
aerial tour.
intended here to notice the subject of aerial navi
cation; butt as have already continued this descrp
ton beyond my intention, and designing soon to
publish pamphlet in relation thereto, | will merely
say that although the attempts heretofore made
for guiding and propelling balloons in the air have
mostly failed have recently had shown me plan
entirely new, which has given strong hopes Of
cess. when consider the remark of Franklin that
the balloon is new born infant, which may become
make voyage through The air to Europe Il in thirty
~ " C. MoRRiLL, MD.
Nrw York, Oct. "a 1s4S.
Law Intelligence.
SUPERIOR COURT, Oct. 23-Before Judge Wander
peel-John a Toisin q. Co rs. Smith e. Henderson,
This action to So $780, the amount Of two
promisory notes given for bill of goods to plaintiffs
1t appeared the defendants, Smith Henderson,
extensive dry goods merchants in 1916, and failed
the 10th of April In the year, they sent circu.
lars to their creditors advising them that in
quence Of the failure Of the house of Smith Black.
wood in ST. Louis for whom they were largely in ad
vance, they would be obliged to suspe payment On
the 10th fMsy following, they addressed another let
ter to their creditors stating that the house Of Shields
vance had stopped payment offering pay fifty cents
on the dollar and also enclosing statement of their
ed $23s 319 and that their available assets Mt
ed exclusive ola large amount of bad debts
and other unavailable property In this statement the
debts due by the two firms ofSmth b lakewood, and
Shields Co, were returned Unavailable
A committee of the creditors was appointed
TO investigate the affairs Of defendants, and they
recommended that their propoeal should be accepts
which recommendation afterwards carried into
effect. The plaintiffs now by their counsel alleg. that
at the time the letter circular of the 10th OF April
was written. John C. Henderson, of the defend
ants was In st. Louis, and had by virtue legal pro
cess, seized on ali the stock of the house Of Smith
BIackwood, sold the same by public auction, and put
the proceeds in his pocket and that regards that
firm all they lost was about $40 900 In relation to the
firm Of Shields Blood Co, the plaintiffs further al
lege that they returned them as debtors for much
more than they owed and that for the they really
did owe they the plaintiffs had received
curty The plaintiffs counsel insists that upon this
state Of facts If they should be proved the agreement
to take fifty cents on the dollar is invalid and plain
THIS are entitled to recover the full amount of their
demand. Adjourned.
John Il. Paii rs Joseph bishop, ef aL-This
action a check for 1926, drawn on the Dry Dock
Bank by efendants and given to person tbs name
Of Alexander who passed it to plaintiffs and recovered
give mas an accommodation check and that consi-
was given to defendants 1t to
be shown that PLAINTIFF had knowledge of that fact.
Another defence was also set up, namely that three
bills were given to plaintiffs agent for debt of s525
receipt given which it stated that the check
was not to be used until the bills matured that If they
were paid It was then to be given up and that suit
contended-6rst, that the plaintiff having notice Of
the check being an accommodation check. he cannot
recover and secondly that the parties having entered
into new agreement accepted bills and given a re-
ceipt discharged defendants from all liability Sealed
verdict to morrow (this) day.
SUPERIOR CouRr, October M-Before Justice Van
derpoel-J a. poisin T. Co. rs. Smith T. Heni -
The plaintiffs had not closed their evidence when the
Before Justice Sanford ShuJeu p. Childs and
others u.s. The Sun Mutual Insurance Co.-This is an
action on policy of insurance to 200. The
PLAINTIFF effected the policy in question in 1s4S at the
Office Of the defendants, on the ship Jane of War
renton, Rhode island then about to proceed on a
whaling voyage to the Northwest Coast of America
The insurance was effected the vessel and out
hti that Il to say, $4,000 on the vessel, and 5000
on the OUTFIT and to continue until she returned
at
places to refresh, &c. The vessel started early
in Apsn,t ls4a and went direct to the North
vert Coast, where she began to fish, and
unued during the summer months. On the approach
OF winter, she moved down to the Coast California,
Ruage, elephantiDg," which taking sea ele-
| plants or seals These animals produce an oil which
! is considered a medium sort between the
whale oil and the sperm OIL She continued between
the Northwest Coast and the Coast of California until
the fall Of lS45 when she started for the Sandwich
Islands to recruit and take in fresh provisions aud
arrived there in the latter end of September with 1900
barrels of oil On the 18th of October she left there
Of The owners waited for a year and four months
after the time she should have arrived at the home
port, which would be in March, 1S46 allowing Eve
months for the voyage from the Sandwich Islands to
this country and in July lS47 they furnished the
preliminary proofs to the underwriters and required
them to pay the amount of the policy which they
fused. The present suit is brought to compel pay
ment. The policy Of insurance put in an read.
her at the Sandwich Islands the 18th of October,
was also read to show that she had 1900 barrels
|
appeared to be in good sailing condition. The evil
dence Of the captains sister also put In and read
to .how that the last they heard of him his
on the 10Th Of October 1916 at the Sandwich islands
and that he expected home early in the spring
Of 1876. The plainds counsel here closed his case
The first defence set up that the proofs adduced
not sufficient to show that the actual
ly lost A newspaper published at the Sandwich
Islands, In the early part of the year 1s4e pro-
duced. to show that the Jane and spoken
with the coast Of Chilli in the latter end of Deem
her, ls45 or beginning OF January, 1886 and that
gentleman had boarded her at port on that coast,
board she met with some accident and sprung alsak
that che and her outfit insured for whaling
voyage, and none other that she deviated from the
p.eyi touching at places and ports and BY fishing
the policy. Evidence was produced the part of the
defence to chow that the outfit and gear to catch
whales were different from that OF the outfit and gear
used for taking sea elephants seals, and that in
hunting the latter vessels had in most cases to
Inc S coast. and to get into shaov water
One Of the wit nesses, who had been on six voyages
described very infinitely the Of taking seals
month Of September, the seals leave the water in
squads Of fifty to a hundred sometimes more, and
the beach, about five or six feet above high water
mark The in pursuit of them are, Of course,
q the ny no
thing they do is to look out for a good roadstead
or harbor, to moor their vessel When this is
| done, they leave three or four Of the
board, the remainder going on shore, first taking
out the thallop, which Is a necessary apparatus
to zeal catching and bring it, possible, to
the of their operations. They next Bring out
their pots for boiling the blubber their ances &C.
there last are made in particular manner. and diff
ert mt from those used for ancng whales then they
up sort Of frame house, after which every man
l. furnished with lance a steel and three SHINING
knives. They then commence lancipg the seals, and
tometmes kill from 100 to 200 in day, on three or
four miles Of . coast. Some Of the males eighteen
ret org and produce 800 gallons Of oil. The females,
which greatly exceed in number the males and Of
an inferior size, produce average about 100
gallons when in good condition. The sport, II II may
so be called IL sometimes hazardous The large males
are very apt to turn on the per about to lance
tn, m, and attempt TO bite should they succeed the
bite lie dangerous Upon one occasion he saw large
male that measured 19s feet each one Of the by
the small of the leg and before he could be extrcad
the bone cracked in two and only held together
by the tendons The evidence of this witness went
TO chow the difference between fishing for whales,
which Is generally in deep water and catching SEALS