The daily crescent., 1850-12-23
The Russia Case.


spoke till halfpast one.
Mr. BkSAMrs began by saying, that although the action
is brought by Paradise, LawTasOn Co., the real party in
sured Dr. Knapp. They had right to nsue the ship,
freight and cargo account of Dr. Knapp and also their
own advances But these should have been insured by
her policy for which they ought to have paid another
MUM Instead of doing this. however they took pledge
upon the policy If they succeeded in this action the amouLt
recovered would be credited in their to Dr. Knapp
He then the real party interest," and Paradise Lawrason
& w. should be put of view in the discussion of this
Ia V Of the of the contract of insurance. 1t
is II alone which contemplated by the and that
ap should be made hy the loss contrary to the spirit oil
coJ raai policy. Il Arnold, 81 Another familiar phn-
cpe OF law that the insured must act with the most
feet good fah, since it is upon him that the underwriters
great rely for the information necessary
form estimate of the risk. q Arnold. 48s.)
Now Dr. Knapp, according to hsown statement had made
outlay of s45,l59 80, TO make which sum he had
charged item which the most refined ingenuity could
deviseevsn the commissions TO Paradise, LawTason Co.,
and the premiums of insurance. OF this the nominal
cargo upwards Of si9 900 but he hoped show that
$3.50 worth Of revolyers comprised that amount never
left the port Of New Orleans the real cargo might be
down at but little than $5000 Upon this Dr. Knapp
charged himself s35 2H freight This insured; the YES.
sci was insured for 00O and when she left lie thought
that be would obtain insurance oil 81 900 cargo by
valued policy. which would have preeluded the company
from inquirps into its actual value. This would have been
effected had not the telegraph from the Baze this city and
hence NewYok, been good working ORDER while the
mail was delayed day.
ss 900 in cash, investment Of 5000 cash.
and 600 months Much had been said of the safe
arrival Of the Damatia showing the good faith of Dr.
Knapp; but the freight list of the Dalmata does charge
freight upon the goods OF the This sufficient
for her safe ARRIVAL The freight insured by the mer
chant who carries his goods in his vessel, the
increase Of value caused by the transportation not by the
Of the markets. With this latter circumstance the
insurer has nothing do lie only guaranteed reasonable
for the of the vessel But DF. Knapp was
here receive $50 600 for the of vessel worth O0
Dr. Knapp himself told Captain Snow that he had not
doubt but that Jones had fired the ship. Wilson must
ever, have connved the and did, goodbye the
plaintiff Is In matter OF this kind, the proof rarely
be other than Coumstantal sHce men, when they form
criminal designs, do not communicate them any except
accompces But the evidence TO the insurer
be sufficiently strong to convict the plaintiff criminal
charge u l. $40 An. 2s2 The thatn the latter
the State undertakes establish the fact against the
prisoner in the former is the insured who is TO make
his beyond all reasonable doubt against the Underwriters
1.-The do he cannot have verdict Much had been
said the character Of ts witnesses introduced by the
deeGce but this two-edged weapon He he'd the
handle and in grapng the bade he suspected the gentlemen
the other side wuud find their fingers cut If they had
gone the pureus Of tie city for evidence against Captain
Wilson, because he msde his home there; if theysd
brought abandoned 10 testify against him, it
beehue they his asooiaas. He lived in the house with
them and passed of them his wife. Ifthey had made
up story they would have waited until after the lo and
would then have stated that Captain Wilson tad that he
would burn the ship. But they say be declared that
poroboraes these witnesses for he admits that Mrs Adams
frequently told him to sink the ship lie would show
that tapt Wilson had committed direct and positive PERJURY
He svears that the rail fire and the mzlen maat tot
tsring al the time he left ship and that almost mmed
aely aer fell The pilots the contrary that there
was no fire visible except little from the cabin windows
when they approached the chip and they had met her
in doing so aud that the mzzeD mast did not fall until they
had returned from the ship the mouth of the bayou Will
son also that the ship crank yet l. shown
by the plaintiffs themselves that she was very heavily laden
and drew sixteen feet lie should low show what the
winds eere pilot who was cruising about fifteen
or twenty miles at sea during the time that the Russia
out estfes that the wind was n N. L. The private jour
nal of the Captain of the Creole shows to have been
hundred miles from land strong IRON EhE TO n N Z
Indeed the in which the Russia hugged the shore
the face of such wind excited the admiration of the pilot
who saw her The Creole, which left the Baze two hour
after the Russia had made by the evening which the latte
was burned one hundred and fifty miles south and fifty mile
east Wilson says that he prevented Dunlap from goin
down or cutting hole in the deck in order to exngush tn
flames because do would have given them air; yet
turns her stern to wind and lets blow into the cabin win
dows lie afterwards prevented the pilots from rendering
s,tance by the report OF powder board The Jury shoul
observe that the fire knded in the stern Of the ship
mote ion and where could have observed h
nroceengs except perhaps the steward Now WilsOnswea
that the steward told Dr. Knapp with much nsoence of mar
that If he did give him five hundred dollars, he woul
bring him into trouble Perhaps the had been pait
He did know, fact certain, the steward
not witness Wilson insured for $500, and Jones ft
s23OO no one else OF the crew had any Insurance.
He now to the shipment of the revolvers. Thes
were originally shipped by Mr. Gallagher. and the feigl
paid III advance to DR.. Knapp. Afterwards Knapp pu
chased them for $l3 800 OF which sum. however, but lit
more than s4 900 had paid in cash. the balance being
nkets and notes which not produced, nor il Mr. Ga
asher the vender known. Knapp takes Mr. Bunee dow
with him examine the boxes Now, why this caution
having witness? Is not out of the usual course and
seoueny suspicious? The insurers suspected that the
vovers had been taken of the ship after she loade
and they sent divers to the wreck who found all the heaN
parts of the cargo except the Tevover Now as they hi
been slowed Immediately the bricks and under the ur
ber idea advanced by the opposite COUNSEL that they hi
Hoated off raft, was simply rdicnlOus The bills
ladlng nterined the usual exception OF peris
the sea- the word fire. would them that The oata
tropbe had been anticipated. Probably attempt mig
be made excite the preudces of the Jury against the
Companies account OF their imputed readiness
receive premiums but reluctance to pay osses but he trust
the day was far distant when Louisiana Court or Ju
could Influenced in their decision by regard TO the
ties who before them, or TO the individual harishi
which it might occasion.
Mr. RosELIus commenced at twenty minutes past or
aud closed half after four He first examined the posit
OF Mr. Benjamin, that Knapp the only party insure
and denied it was law. lie was astounded when he hes
Mr. Benjamin assert that Knapp was the only party insure
For the policies all taken out in the name of p.
Il Co, for themselves, and all whom it concerns.
they an insurabe interest? 1t in proof that this ho
had advanced s85 $50 Knapp, of the Russ
and the policies are actually pledged 10 them. Why sho
they pay another premium, when already the insurance
effected in their names They paid the premium on s35
with their Is it pretended that man havinl
mortgage OF any other interest not protect II
TO say that merchant who has made advances in the
of vessel, has right protect his interest by policy
IN his own name. To recover must satisfy you
the vessel cargo and freight destroyed by Of
pes insured against, and that the property of the
claimed The destruction of the vessel is denied
the defendants will say if the vessel destroyed by
agency of the owner master, the cannot reco
This does not apply to the claim of Lawrason Il
and they cannot be affected by any fraud the part of
owner or master 1 shall feyiew the conduct of Capt
Wilson, and comment the arguments of hessrs Wintl
and Benjamin. The only charge brought against him,
his improper connection with abandoned woman, In
community nor in any higher tribunal did he think sucl
error as this infected any with moral taint
young man (only 81 occupied an envabe poson-he Ii
by his desert. become the master of ship He would
blast his prospects and destroy his position by commit
such an awful crime as is charged against him. II
was motive to mpel him TO the act On the contrary
interest make the long and dangerous voyage sucC
fuly. The insurance his primsge effected only
he left that this paly consideration did not exist
addition to the presumpions in his favor, there coneu
proof OF his innocence.
The FIRST inquiry is, has crime been committed
proved that the burning Of the Russia the act Of
eeadaFyP The loose conversation Of Knapp had been In