The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-08


receiving them here, brought an action for da-
nsges against the vessel The point at issue was
to the measure Of damages which the plaintiffs
were entitled 10 recover IN such casecthey con-
tending that they entitled To the fair market
value Of the goods here, about 100 per cent upon
the cost IN New York IL was, however, decided
that the rule Of damages in such cases, in the alb
pepce OF fraud proved on the part OF the master or
owners should be the cost or invoice price IN New
York This may be good law, but 1t certainly
looks like bad equity, and there can be no DOUBT
that, under such decisions, great inconvenience
will happen TO commerce, and great profits accrue
to sbipmasters, who will be unable TO hnd valuable
goods until after they have, by paying damages ior
their non delivery, made them their own Il specu-
late upon. The counsel for the piaIntifis proposes
to test this decision, by carrying The case 10 the
Appellate Court.
The public are cautioned to be on their guard
against receiving spurious half eagles, purportlng
TO be United States com, which are Ia circulation
10 considerable extent IN thus town and vicinity.
The execution is good, but they are composed OF
nothing but brass, galvanized.
MURDER CASE AT STOCKTON.
We have been furnished with a copy OF the testl-
mOny IA The of the People VS. John w. Ira
cy, indicted for the murder OF Denis Mehan, about
the ninth Of This month The trial took place nj
tockon, before the Judge OF First Instance, the
10th inst, and occupied the court until the 2ih.
The iacts, as they appear from the testimony, are,
thai Mr. Tracy had some difficulty with man
called "TeXas," The day before The unfortunate at.
OF Texas. named DAVIS, prepared himself with
kn ie aud Iflr, and w. Mt on the day in question,
thus aimed. INTO the street. IN search of Tracy The
fiends OF Tracy gave hun oOtlce of the fact, and
described he person OF Davis, and advised him 10
ann himself and leave the town; that he prepared
himself 10 lake the advice of his friends, and went
10 he place where the deed WAS committed, the
Unied States Hotel, To psy his bill, and leave
town; that while paving the bill, he Was assaulted
by ,b. decreased aud Two OF his companions, one of
whom was named Brady, and asked why he was
h. h. .4.l. rms nd
them, aud thar thsv must keep away from him,
maj he wanted nothing 10 do with them. The de-
ceased then threw his nat on the counter, and said
h. could whip Tracy. Tracy then drew his pistol,
sno ted HIM rot 10 approach hun. Brady selzed
The pistol, and endeavored Ia take 1t from Tracy,
Dung winch time the parties were backed into
nroincT room, and after repeated warnlngsto keep
tft. 1Ihcy discharged OF the barrels of his
vuver with fatal effect and the prisoner sur
rendered himself M.
The case was submitted 10 the jury without ar
RumeBi, ~ho after an absence o. i've minutes, re-
iurned their verdict of not guilty
The District Attorney. Thomas II. Van Buren,,
Esq was assisted by Will am O. Wood, Of New
York, and Dr Roberts, Of Stockton.
The prisoner was ably defended by Col Lyons,
Mr. Brooks, Mr.. FAIR, MAJOR Creamer, Mr.. Purley,
and Mr. keown, of Sacramento city.
ANOTHER MURDER.
A man was found murdered, last week about
fftteu miles below here, on the road TO BeDicia.
be had been hot under the left eve, aud ,rently
hit over the head with gun, his skull being broken
in. The supposed murderer had dragged the
corpse near two hundred yards, tor the purpose OF
throwing IL into creek, but on hearing persons
approaching. dropped IL. and fled. The clothes 81
Nh. murdered man were marked G. w. IL. and,
from his dress, he was evidently u. =. soldier.
SUICIDES.
A man, name unknown, was found shot. near
the Slough IN this city. The charge entered his
heed. shatt.rIng his skull The jury the inquest
were OF the opnIon that he had committed suicide,
az pistol was found In The vicinity.
H.. .lsn lao an LS,ita
rengeT by the ship Charlotte, put an end to his own
.IIst,ncs, on the Sd INST, by cutting his throat
We believe that the above named individuals lived
tents near Happy Valley Such the results,
not Of California enterprise but OF California dissl-
pailon.
SUDDEN DEATH.
Mr.. Job Richardson, OF Charlestown, Mass.
died quite suddenly Of IN apoplecilc mt, on the 3D.
iBst lie came Ia CalllsunIa in the ship Charlotte,
md. since hsar1val, has INDUCED in Intemperance,
nlll death put an end to his career, as stated.
FASHIONABLE INDICATIONS.
From the Placer Times Sacramento City
We shall soon have need OF tailors, dress makers,
ano mnsrs m our good city. Young gentlemen
are "conlng out" with their stand.up collars,
snIg gsli,r panis and extensive display Of broad
81 ~; ~hil. the lew ladies In town are not behind
in thr spreading Of silks and satins We shall soon
have 80 supper ten thousand" aud an Opera House;
bot, ~ ihs meantime, We would advise young gem
ilemru uo IN sw. too inueh, for fear OF collapse
80 rfpiUsi"n. The ovrr-dressed mau ~ looked
uga uf riiher top or fool, aud ID probably both
EAGLE THEATRE.
1lts house opeurd on Thursday evening, 10 a
tuI. -nc, W. my add. fashionable audience
toi ths "cfess circle" wac gtaced by quite num-
irfoi hue looking, well co,iumed ladies', the sight
81 whom Wac sonie~ hat reuyIJIng.
TBR WEATHER..
RrcoId 81 Thermometer kept at the Office OF
Drs Tuner i Colt. (Nonhern exposure, and IN
Ibs shade
Wednesday, 10Th Oct - O'Clock A. nj, IS deg.
VINO ". 3p NJ. IS deg. slight shower. Z 4.
NJ, 20 d'g mean ismpetatuTe, % deg
1huncsy, HUI A. NJ, So deg. SIP NJ, Ga
tep. 7P M, "a deg -mean temperature, 81 deg.
com
friday, I2h-7A. NJ, IS deg. 3P. NJ, 65 deg.
~, NJ 10 ueu -mesn :. mr. ratsre, 50 deg. 66 IA.
Saturday, lSh-7 A NJ, % deg. 3 T. NJ, 80
deg. Il. VI 6o deg-mean temperature, 81 deg.
com
sunday. Iiih-7A. NJ, 10 deg . p. NJ, 81
M,rtsy. l5ih-7 A. NJ. Ga deg 3 + NJ. ~
deg Up Is dtg -In.an temperature, 73 deg.
Tue,cay, l6h--7 a M, So deg. 3P. NJ, 70
f,s Up NJ, Go deg -meAn temperature, 60 deg
Con
Mean Temperature during the week, from A.
M TOT +. NJ, Ga deg q IN.
The survey OF thc sierra Sevads-The Fate
az ,ap,sin whiisa. a.. Warner.
The ~. iant holy fate ot thus officer has excited
unn.Isal sympathy. The circumstances attending
HE death aye every moment inquired for, aud, as
have ~ M from the beet authority, will state them
iOf pub llt ton ma our paper
Capi.ln Warner left Sacfaniento clty m August
bet. cortsd by strong BODY oi infantry, for the
puuose - eSplorsuoi'. hut more especially TO
tsiisln whether or not the sierra Nevada were
Isss.tle by ihe ordinary grade at railways. Has
''utss Icy Up the naia valley oi the Sicranento,
to Ls,T tptk, where the man Escort with wa
Itus, Wefs lift and The captain win thuy men
iUst,o 90 The Peter Lossen Eau To- Grove Lake.
f.sr tht source of Pitt River. Of the principal
q ufIts ct the Sscfamenfo. Here the emigrant
ifsu crossss the dividing ridge ~ the mountain by
ttttp aud difficult ascsHt. 80 that u became ne
testaty io sssr,h tor b-tter pass. A camp was
established under charge Of Lieut. Williamson,
tuu Capt Wansr detached eight n.n. well mount-
81 sul ttned, with his guide, sklrted the GoOse
Lske. tbc thence following the valley 81 a email
sustm ,m,tyng INTO that lake, 10 a point ABOUT
sAy milcs bt rth ~ his camp, winch proved To be
III