The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-05
TWO CENTS.


ship, his own counting weighing He that the Pa
ceipt In this case havog be given b gh on the
count and report the officers Of the
correctness not being supported by any
the testimony the art OF the iorlauts suoisut
three barrels Of pork in the delivery Held that the
action Is mainsinabe In the name Of the libsllsns
l. They cannot at law retain the deduction OF the
value Ct the pork made by them out Of tho charges
the lightermsn he being suswsrsb!s to them for no
more cargo than he actually received and compel
the payment Of the retained 2 1.-THE lighter
man elects pay the loss to avoid versy With
h employers he is In admiralty entitled to the bene-
o. nsr rights and remedies and may maintain tho
scuon In Their names or his own The documents
hs Va brought BY authority Of the lbesnts
@ tcs hoesnts S42 with interest from oommenoe-
mep' OF sne action, May 8. 1913 and sum mary costs
John ketstas aud -Four Other. ps a Rax Of Tin
&c sooS savage In recovering the raft worth 5000
haif or one third the value Of The timber was claimed
ss ssivsge com pensaton. Held, the peadings and
avery low order He'd that the ainsnts ala not ct
Prouer Reasonable reward to tho libelants II thew
offer Of III. srrie.. r.ua.,sa n sH
hoeants were prompt and beneficial cai q e.
ground to infer the raft would have oated out to
and been lost at least claimants would have been
exposed to trouble and heavy expense In recovering
sistisg Of towing the raft half mile mostly BY one
person with small boat aided part Of the way BY two
other email boats The ch labor was in SECURING tn.
logs OH the beach and watching them there. Fifty
dollars ssvsge and costs awarded
Jsmss GornsIps Wafson Ferris Held, that 1t no.
being proved by the mater that contract in writing
was made by him with the tho .esman was en-
titled to receive the highest wages paid any
actually received ~ high wages any other seaman
shipped for the bad been paid this port
pent Of wages with the proctor, the part Of tho
owner, was bona dr and without kno Wedge that any
suit had been instituted and that the proctor having
received the wages and given his receipt In FULL could
not becsuse Of his own mistake continue the suit to
enforce payment of costs which had then accrued
.anihony Russel Us. Nederic j. ". Barkman Held,
that person not employed Is mariner, and merely
placed vessel secured to the wharf, - q Keeper
cannot sue In admiralty for his oompe nsstion Held,
that the State statute giving lien the for
such services imports Jurisdiction to the United
States courts in admiralty TIL. Cours viii onIy exc
cute the statute In which their nature are OF
maritime jurisdiction Also held upon the testimony,
that the lbellsnt docs not prove anything due him
beyond the amount paid him for his services by the
respondents. Libel dlsmis.ed with summary COSTS
ge,man-The libellsnt sued for the board OF MARINER
at request Of the respondent and charges that the
respondent Held that the evidence the part of
hbtlant proves no moro than the agreement Of the
respondent on shore after voyage ended to pay for
the board OF eesms 1t lbeiants house; and that
proof given that the the time attached
to the vessel or In the soyment Held,
that the action those facts 10 not within the adm
raty urhd 'cton OF tho court Libel dsmisasd, with
summary costs.
jacob Quincy Us. William Crockett Held, that no
part Of the subject matter Of the libel 10 within the
jurisdiction Of the court other than respect to the
services OF the hbesn In moving ths vessel Of the
respondent from her anchorage, under tho direction
and authority Of the health officer at Quarantine.
Summary costs allowed this small chArge because
the respondent on the evidence, has evincsd dispo
sition 10 contest unreasonaby tho ompsnsaton pro-
perly due lbeant. Decree fors$2 aud summary costs
keeper. ..
| E5emeser Croker ads Huntington Rinsgold.-
Held, that the test Of ~hsher Gaze 10 summary or
pensry is the sum demanded In the libel II that
are to be deducted. The answer alleges advance
of $84 and payments In the East ndiss, In board.
medical ate ndsncs medicine, clothes, 90 to $50
and SlS, after return Of chip which last
cevsd by libslants prootors to~ards wages, leaving
an uDsJjustsd balance in controversy OF 500 So All
but $23 rs of w,ch wss allowed the ndsnt the
bearing and decree for the residue wss rendered by
ty may appeal, and accordingly s psnary suit, and
appeal from taxation ov.rruIsd. - ff
.augustus Belmont, Consul ads WIiiiam Tysss ssS
Jsns Z. de Tries-Hsld that, nder the provisions Of
section 81 Of the act Of Congress Of Sept ~ 1850 the
u s Courts are empowered to allow anne adments In
you'd the authority .xsrcissd &C common Law. Rule
zs0 Of this court and rule 80 Of the Giro ut Court
ths iuI.s the court, in term can sutnors.s smsnS.
menta ~ its discretion Held that the change Of the
form Of action, and the omission Of ono Of the parties
to the suit does not Affect the subject matter
testston, and that the dment way prejudioeS
the defendants defence the merits Ordered, that
plsntis have leave to amend the form Of action from
debt to strike Of the dsclar stion
the name Of Jane e. do Vrss plaintiff on payment
ESyard Grsenwosd % Enos s. Bean.-rhe sauss
Was brought to hearing on The plsAd'ngs sions The
fbeant demands wages - mate on tso distinct voy-
sges-the fret ending 1t NAB IL, and the second COM
mepcing there and ending In New York Tho answer
ADMITS the services charged in the loe on the first
% bar or forfeiture Of wages the aad
mutinous conduct Of the Lb.lIant on the astvoysye
attempt to ssduce one Of the in piracy,
and his committing homicide on one Of the crsv for
which be convicted Of nsISugh or In the Cir
cult Court Held that the allegations Of the ausvsr
being matters Of avoidance aud not replies to charges
In the libel not proved by the sn,wer and be
Of avail to the respondent unless supported by evi
dence. further than qualification To the admssion
Of service on the second voyage Held, that II the
minutes Of court proving the conviction Of the libel
liant for mshsiaughter be competent evidence OF the
fact It'll they do not show the crime to have been
way with pratioai or musiuoas DOT or
Intent towards the vessel or master. Held that the
answer furnishes no bar to the action and that tie
beant Ia entitled to for servcss board the
vesse the distinct admissions tns Of the
services and rate OF wages with the deduction Of tbs
time he was on the second voyage put of duty for Al
references to commissioner to ASCERTAIN the amount
Of wages due the OF each voyage to be taken
separately. The question Of costs reserved.
INCIDENTS OF VOYAGE FROM WfscAssKr TO
BosToN.-The sloOp Wave, Captain McFddden,
sailed from Wiscasset, Me for Boston Thursday
evening. On board the vessel Capt Mcsaddsn,
acted mate; but Porter thoroughly 'eresn;n he
probab stepped on board vessel before. Yes
ierdsy NOR ming abaut O'Clock, when ~ miles north
esst Of Cape Anne, wipslow fell over board Captain
MoFsdden immediately lowered his peak, broaent the
vessel mp to tho WIND and dreoipg Porter to
helm he cut away the boat and jumped into It, the
purposs Of savipg the deov ding man Winslow strug
gled msnfully for time, hut jnst the boat
up to him, the poor fellow went down. nsvsr more to
see life in this world He was 20 years old . young
man OF excellent character end leaves many friends
and relatives In Wiscasset to his loss. Captain
McFadden sding that he could not the young
was on the point Of retur ming to his sloop when
he discovered her bearing on before the Wind and 10
short time che wss hull down. Captain McEaddsn was
certainly In o very perilous situation he
than twenty-five mies from land. in . small open
boat, and high ses running But there was little
time for rsnection he therefore shaped hts course for
Cape Am. and after six hours hard scuing I" he
reached Rochport. OCCASIONALLY the sea would break
lim and he would b. forced to leave his oar to
bail out his frsl craft. From RschpNt he vent to
Gloucester whom he took the csrr for this city Ae
may be fupposed. Captain MoFsdd-n was In 80 very
cheerful mood He vas deeply Affected ~ tns osssn