The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-29

July Fsydinand Bleck e, Cly1,,ian H. Yal,esea -
tiff, who shipped board Of the Hamburgh bark
Norma, before the hanseatc consul at
Tyne in England carpenter said vessel Of whics
elsewhere appeared in evidence that the plaintiff
had clipped and had signed the shipping articles 81
Newcastle, that the vessel had made u voyage from
Shields England, to Rio Janeiro from Bio to Mayo,
Cape des Verbs, from Mayo TO Buceo, from Buceo to
that the plsintia had served the voyage
penter The vessel arrived here the Goth Of June
last The defendant interposed in answer to the
plsint that this court had Jurisdiction said vessel
foreign vessel sailing under the nag and laws OF
Hamburgh, and that the plaintiff and defea dant
Foreigners and subject to foreign laws Alone in regard
to the contract between them. To this the plaintiff
replied, that the relationship of mater and seaman
undertook 10 show first that the painta and the rest
Of the crew had been discharged from said vessel
her arrivals this port and secondly, that the con-
tract by which the said plaintiff bound was
tTary to the laws Of nations and void Ii appeared
during the trial that the had applied to tse Ham,
bursh consul at this port be Discouraged which
refusd by that officer after full Investigation of all
the charges and complaints Of the IL appeared
also that subsequent to the refusal Of the consul to
discharge the men, they had taken away their luggage
from the ship In the Of the captain, and with
out objection on bis part t spPeared further that
against the plaintiff aud the res. OF the desert
upon the reputation of the Hsmburgh consul AID
that they had lied concealed themselves. Many
questions Of technical character and of minor Inn
portancs arose during the trial, but upon the main
question the court decided-that the plaintiff had
failed to make out . discharge by the captain. The
expressions Of the captain at various times
Of trivial character and not to be regarded in the
light Of positive discharge, or such an implied dis
charge as would entitle the crew to leave the vessel
without forfeiture of As tsthe proof that the
took their clothes from the ship In tho presence
and with the silent scqucscenco of the defendant the
Court deemed the evidence deficient to sustain the
gr ha. dscl arye had been worked by silent per-
nission the evidence was very uncertain aud was
eontrsd The Court however considered that tho
ana AZ 70
skow that contracts between master and sesmcn NUT
state distinctly the places to which the vessel Is bound
and the time and place when the voyage shall terni
nate and that In the Absence Of such distinct terms
the contract is void II appeared in this that the
articles provided that the plaintiff should sa with the
tald vessel In the:capasity In which he shipped,
voyage to Brazil, and elsewhere. wherever the voyage
Of ssid vessel might be directed BY these terms
the Court the captain could enforce the plaintiff TO an
unlimited term of eryitude board Of his vessel aad
the Court that as the articles we're against
the msrams law In this respect that the articles must
be declared void and that the plaintiff should
the amount claimed, SOS, and costs Of suit.
this decision conflicts directly with recently de-
nvsred in tie u Court by Judge Bette, and rs im-
the questions involved. The Consui Of Hamburg has
determined TO carry this case TO the Court or Dnr
Rsswt.
WtIiem Wison Jans,r F,tsbee end NFrssn Per-
has This action for assault and battery. The
aefendants are master end mate 81 the bark Henry
Trowbridss" and the plaintiff Que Of the crew. osthe
<th Of July last daoulty occurred between the PLATA
til and Perkins the mate while the ship lyag In
port at one or the West India Islands IL nPpesred
that Perkins struck the plaintiff some blows the
head which Knocked him down and that he Afterwards
kicked him with tie heel "a his boot In the forehead,
innietipg deep wound over his eye II was also al
legged that Ersbce the capiao In sight et the time,
ana did not interfere and upon that ground IL wa in
rstsd that be wee In the eye u TIE af equally cups
BILE and ought 81 be held responsible. The dsosee on
part Of the that the plaintiff used iasc
lent language to him, and the part Of the captain.
that nv took part In this ARRAY bat iuterssrsd ss
as lie could and ordered the mate 70 dcsist u
appearing 10 the court that the Language used hy the
plaintiff old not Justly the vioebce Of Inc mate july
nsnt given against him for S25; and " furth,r
appearing to the court that the captain all interiors
as twas possible for him to do 50, Dismissed the
s1it as to him.