The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-16
United States District Court.
Rafapa Inloa Qaffa


CHARGE AGAINST CAPTAIN OF VESSEL FOR AL
LEoEp MISCONDUCT ON THE PASSAGE FROM LIVER
POOL NEW YORK.
Die l5-Jans Eason rs. Ea Bursky The particu-
lars of this reported In the Herald Of the
met The lbssut com planned Of harsh and indecent
dent during her voyage from Liverpool to New york
IN september ls4S rs cabin passenger on board the
"Hottinguer,n whereof Bursley was Captain. The
argument which had been adjourned for the accom-
mediation OF counsel for the defence who engaged
In other causes was resumed this morning by MIR.
SANFORD who contendsd that the conduct Of the
hbellant on board was indecent and familiar with
male passengers justify his client in ordering her
improper familiarity exercised by the Captain towards
Mrs Eason that he paid her only and
polite attentions which gentleman in his situation
would render TO . passenger under his charge; the
witness Sarah Kenny. had completely contrsdicted
Merrihew, who examined for the libeaut and had
proved that she found Merrihew lying the edge OF
Mrs Eason's berth while she In it, this circum.
stance alone he mr. Sandfsrd thought ought to ter
inmate the case, there sus pcion In 1t
from the delay in bringing the suit Counsel then
took review OF Mrs. EasoBs conduct arriving in
New York; in going to theatres with Msrrihsw, while
che had infant charge which she admits to be- her
OWL TO take care OF; and In going to the Edinboro'
Castle" with Walker to drink Mr. Sanford sub
mitted that he had shown sufficient the
vrtuous feelings Of modest passengers be violated
with impunity by those indecent charlottesville had
shown ample justification for the restrictions under
which the defendant had placed Mrs Eason.
MIR. Joachimsson, in replying commended that the
control, were limited he has uudoubted right to
punish of his seamen for Q breach of the ship's
discipline but he is not to be the censor Of the morals
OF bis his authority Is limited ID acts which in.
terfere with the discipline Of the ship Counsel then
read from Mason page 240, which the opinion Of
the Judge In case Of personal wrong comitted by
captain Of vessel upsn passenger the high seas
which was as foows:-"I respect TO passengers the
of the is peculiar respon sibity and
delicacy. Their contract with him Is not for mere
ship room and personal existence, board but for
reasonable food, comforts, pccessaes and kindness.
IL stipulation not for liberation merely but for
respectful treatment for that decency Of demeanor,
which constitutes the charm of social life for
tention which mtgates evils without reluctance, and
that prom ttude which administers aid to Distress
In respect to females proceeds yet farther 1t in
cludes an implied stipulation against general OBJ
sceDty; that immodesy " approach which borders
lascivouspess and against that wanton disregard of
the feelings which aggravatss every evil, and n
beavers by the excitement of terror and cool nalg
nancy Of conduct. to nict torture upon susceptible
minds. What be dsreput able, ard at the
time more distressing than babitual obscenity harsh
threats and immodest conduct to delicate and inosn.
eive females! What can be more oppressive than to
conne them to their cabins by threats of personal in
jury or INSULT What more aggravatpg than mali
cious tyranny which denies them every reasonable
quest and seeks revenge by Withholding suitable food
and the common OF relief In Of sickness
and III health? do not say that every slight aberra
ton from propriety duty, that every act Of
ishmsnt but fthe whole of conduct be oppres-
sve and malicious; II habitual immodesty Is
MED BY habual cruelty 1t would be reproach to the
law II IL could not award some mpensation" In
the case here cited by counsel the judge decreed
that the defendant should pay $500 damages. be-
hbeilant, and the cost of the suit Counsel then
condemned the malignity Of the defence which
attempted to charge the Ibellant with gross in
decency and improperly of conduct IL was said that
che had submitted to Bueey's advances because che
made no complaint; to whom was she to complaint IL
female In the presence Of her husband other rela-
tive receives indecent or improper advances and does
not instantly complain 1t is indicative Of her CONSENT
but what was the use of this woman complaining on
board the vessel when 1t the mercy Of this man. and
far away from any relation friend who would have
protected her from the ipdgnites he had offered her
There little Of evidence to prove Bursiey nne
cent Of the charges-the statement Of Sarah Kenn-y
that the Mrs Esson kissing the colorcd
In tse 90 gross in its urs that 1t Is not worthy OF
belief IL Is stated also by her that Mcintosh had
drunk and created disturbance that he burst into Mrs
Eason g room did the captain pun him in confne.
mebty did be put Merrehew In confinement for the In
decent fsmilistes which alleged between him and
Mrs. Eason! Counsel In conclusion hoped tina. the
Court In awarding the amount Of damsges would
into consideration all the visit those
charges made by the defendant matters OF sgrsva
ton he hoped the Court would put such Of
damages upon this defendant will deter other CON-
manders Of vessels from insulting females
when crossing the Atlantic either from England to
this port or from New York to England. The Court
In the ensuing week.
DroEMBrR 14-In the case of J. N. Smith, which has
been before the court several times heard
for the prisoner, in mitigation Of the offence charged
namely, contempt OF this court in running away
with the bark Susan Lutwig from process issued from
the u s. District Court Judge Belts In stating the
particulars Of the charge against the prisoner said he
was a. much In the dark to the state Of the
health Of the accused aud how far the necessary In
prsonment for the offence would be injurious to his
health and also In the dark his pecuniary means
he the last hearing Of the CASE he was there
fore bound to deal with the prisoner person under
proved TO be otherwise than robust The Court there
fore sentenced him to pay fine OF sl00 and to be i'm
prsoned until the fine and costs Of the proceedings
sttac hment are paid.