The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-24
United States Dlstrict Court.
Before Judua Rats

Jan. 23.-MoRE ABour CALIroRrIA.-a n Nichoisom
and j. Gri6ins he Master and Oyners This Is ibsi
suit commenced under the following circumstauces:
The belant other persons hearing that the
Pacific advertised to sail for California, and being
DESTROYS 60 there with despatch they either person.
ally, through their agents. applied Joseph kisssm
to the terms and accommodations OF the vessel and
also - to the time Of sailing Kisssm 1t Is alleged,
81 Ss n. .sa
have all necessary comforts and plenty Of spsoe for
exercise and air the owners engaged not to take
than SO cabin PASSENGERS and that the passage money
would be $500 for each passenger instead Of s2so the
usual charge upon such voyage. The li6sllsnt's
an OPTION given him to 90 upon ths terms .Sovs ss.tsS
He subsequently, called, and WAS informed BY Kisssm
that another party, called the Morgan party"
passengers, and that there were others locking
after the remainder Of the berths, and II the
epgsgs them without delay After this .ion the
libellant went board and examined the shp found
Tibbets on board. as captain and part owner he OK
hbed to the belant parts Of the vessel between the
decks where state and separate apartments for
each two about to be hastily prspaSsd
and Tibbetts stated that scoommodstions Would b.
prepared for fifty and marked out where
tne state looms we're 70 o. the nse OF the same ana
and exercse; and represented that the state rooms
were to consist Of range Of separate apartments
square, well lighted and ventilated, and between tho
esme open space, or hall, for promenade; that he
also ehoWeQ ana marked out Wnero the Dulk head WeS
to be built separating the cabin from the stserage and
state that only fifty cabin to be tsken
and that euch passen should have equal chance
Of drawing for berths, sc that the would not
take freight to the inconve Of the
and that the vessel would sail about tina 9th Of
January instant On the faith Of the above statement,
the Ibellant, on the I'd Of January, paid $500 -
his passsge money, q cabin passenger; and In con-
temptation Of the voyage he went to great expense in
procuring all necessary equipments, kc., and Was
In in this city at the time appointed for the
railing Of the Pacific and alleges that he has been put
to great and unnecessary expense inoonve neuoe snd
los berides lose Of time &c. by the delay made in the
time of the departure Of said ship; and charges the
with having broken their agreement with libel
liant in various PARTICULAR and particularly that they
fitted Nd between decks, (cslpg 1t osbin) number
of berths state rooms much greater than the
part of the vessel which was to be left open and have
engaged to take persons instead Of
rendering 1t uncomfortable and unsafe for the bellant
to proceed on the voyage; and also alleges that many
Of the psseepRers who were represented to have paid
$500 only paid 1915 Under these circu the
helant claimed to have bis passage money returned
which the owners refused; whereupou he caused tho
vessel to be libelled The parties appeared in court
yesterday and the owners bonds to abide the de-
Of the court to be made In this suit upon which
the vessel was discharged
There other libele fledsaganst her, all
involving the fame questions aud similar bonds enter
Cd into to abide the DEGREES Of the court In each suit.
The Pacific sailed on Monday evening The owners
AZ la ma rfnl alls tious in the