The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-02
u. 5. Circuit Court.


Dyo 1-CoLLIsIoN CASE Steamboat Santa Claus,
Ezra Fitch and others, Appellants Geo. W. .4spin
,ra and others, LibeIlants, aPPeHees Decision Of
of the District Court Of tho southern district Of
York to the Circuit Court After hearing the argu-
meuts of the advocates on both sides his Honor said
that the proofs the court below left doubt what
ever1st That the propeller Ocean had but light
board at and for some time before the happening Of
night Of the collision, the weather being thick and
cloudy, vessel carrying but light appeared to
remainipg fast at anchor and that it is very dicut
If not impossible for them to determine the Of
the vessel although moving, until enough to dis
Germ the situation of her hull Two steamboats, that
met the propeller the night below where the COL
lision occurred, running foul Of her
count of the above nts and only avoided
the disaster by rank sheer discovering that che
was In motion They happened to be in a position
where they had room enough to escape by this man
ner This seems to have been the impression of the
court below, the proofs but the fault supposed
to be counervaed and overcome by the answer which
course Of the propeller were to have avoided her
That ground is now removed by amendment
upon the effect of the evidence. This Is full and un-
denable, both upon the point that the propeller
had but light, and also in respect to the effect
upon the vessel approaching. Under those ciroum-
stances 10 impossible to hold that the Santa Clause
wholly in fault. Even admitting that she misap-
pIehe theEposition Of the propeller IL the
held by the court below, and in which view am in
clined to concur, as she was coming round -
point yet inasmuch as the want Of second light was
ought not to be held exclusively responsible for the
consequence ! agree that upon the evidence IT is
somewhat difficult to determine which was In fault
the ha nds each the proper navigation
of their own vessel ] do not link that the s ants
channe-i in fault at ALI it was in not dscerning that
the propeller was hugging or intending to hug that
shore. and should have passed outside but she may
til wa. too late the mistake ASeugs
would not hold the propeller for the damage
to the Santa Claus, do not thi NIX the latter should
ha hal forh or fho
the circumstances Judgme Mt reversed without costs
Court of Special Sessions.
Before the Recorder and Aldermen Franklin and
Stevens.
Dec. IA Hard Case.-A respectable locking
woman, named Catherine Boyle, WAS this morning
placed at the bar charged with having stolen $1s from
onsBdSs cSn th:t Of No ~ Cherry s street The
money from her hand, and that 1t all in gold con
The Of the accused did not indicate
q character that would stoop to such for the
mt Of her store Of wealth and she begged the
Court to allow her time to send for witnesses She
stated she stranger in this ctyand averred
that she could show that her character any
imputation Of this kind While the was pending
MIR. Huff stepped up and informed one Of the judges
AS Mr. Huff formerly crier Of this court his word
was taken and the judges evidently thought that they
had old offender before them. At length the wit
nesse, for the defence arrived and gave evidence to
prove that Mrs Boyle respectable person and pos
sssed ofmoney OF her that she had large amount
gold coin similar to that alleged to have been taken
from the complainant and last Of all the daughter
Of the accused was called to testify She stated that
her mother had only been in the country about six
weeks; that she her way from Liverpool to New
Orleans and had paid her passage to the latter city
Mr. Huff again being appealed to, persisted In his de-
carstion that the accused had been before the
before and this declaration being made the Court
snenced her to impr mt in the city prison for
the term 81 80 days. On hearing her mothers
tence the daughter young girl perhaps 10 years of
age fastened to leave the room but had only got out
eide the door when she dropped perfectly insensbe
The ndignity cast upon her mother quite overcome
her and she found It impossible to bear up under ts
severe stroke. She q stranger, the money founu
upon the person of her mother claimed by the ac
cusng party (who resides at 81 Cherry treet and on
Of the accused given up to the officer for
the benefit Of Mrs. Conway The mother thus bereft
90 means the daughter was alike destitute and had
no here to look for necessary food until some kind
friends offered her their aid On application to the
fem ale d,porment Of the city prison. 1t was found
that Mira Bo,le was entire stranger there
Of The old officers ever recoectcd seeing her befre
and Mr. IluT was the only man that could reoo-
/, ~ her 10 was evident, in fact and proven by
csreful investigation out Of court, that Mr. HUH
vss mistaken; and the Court sentenced Mrs Boyle
70 the city prison because HUI sad she up here
before" trey have done great wrong to her. Quite
number sympathizing friends clustered around the
,irl outside the doors of the court One gentle
Ct the bar offered his professional services grstu
ouly, to the matter get right. The girl, mean
ime suffering under the dspensstion OF law,
unwilling to test IL farther, and would rather that
false should 90 unwhpped ofjustice than to
enture farther in her experience of legal affairs
Sporting intelligence.
ST.. Lours TRorrIrG RAcE "A purse OF 500 the
best horse to receive back his entrances. Dis
n nee 10 miles, in harness.