New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-12

being liberated and placed on dsck-tbe Captain
al the time being on ,hore-Ryan Jumped over
bosrd with view 10 swim 20 Chsgres bat was
kloveo By the Chief Beginner IN the boat and
iaken from the water when he had got about 800
yards, hauled into the boat, brought back to tue
vessel, and again put 10 rooS the Enyi0eer telling
the Captain when the latter came on board ~has
he had done ard he replied that ! was right AS
the vessel touched at Jamaica, on her return voy-
age, we believe, IL was said the CAPTAIN gave Ky
Sd land We believe his compani0n) the option o
sign regular articles for the voyage or b put GA
shore AZ Jamaica ard they chose the former On
return here Of the vessel the present scslon was
brought.
The CoGrt considers that the Captain, in relation
to persons secreting themselves on board a vessel
hns right 10 brig them back-thst is, not % fur
nish them any facilities for landing elsewhere, and
be can place them, during the voyage, Ia any part
Of the vessel which is not inconsistent with hl.
mainly, but having got away from the vessel he hai
noright TO arrest them without process OF law ani
return them 10 his ship. "The evi lence," the
Court said, establishes satisfactorily to me that
plsiDtih secreted himself on board the Philadel.
phia on Der departure from New-York 10 secure
passage 10 Chagres and defendant was Justified 10
refusing him any facilities to land any where, and
might bring him back 70 New York, and plaintiff
being without provisions defendant was not bound
10 furnish him except as matter OF charity. II
his passage out and home for bis board the act was
valid and binding and in such case defendant would
be justified throughout bat AN constrained TO be-
heve the articles not entered into freely, bat
there was duress, and therefore the articles void.
The captain assumed to take the law into bis
own hands, and to make the stow-away feel his
power. In this think he was wrong. He might
have refused plaintiff any other susteHancs THAI
bread and water-he might have resorted to RENE
dies Tor passage money but the course he pursued
was rot justified. He ought TO understand the ion.
propfiety, and be made to feel for having under.
taken to redress wrongs az anst persons over whom
the law has not given him authority.
There having been nothing done by the engineer
hey ond his orders, consider him excusable. The
stow away has little claim to sympathy or consider
alton to be compensated in damages, but the cap
tain should be mulct therefore give judgment for
plaintiff for $50 and costs against the captain.
COURT OF COMMON PLEAs-Before Judge Wood
ruff-The insurance case, in relation to loss at
Fall River, is still on.
Court OF GENERAL SESSIONS, Thursday-Be.
fore the Recorder and AID Conklin and Smith.
Plea of Gu,lfy.-Chas. Hill black pleaded gull.
ty to a charge Of petit larceny 10 stealing spoons
from the Irving House and was sentenced 10 the
City Prison for months.
Grand Larceny-John Little was tried on a
charge Of grand larceny in stealing on the LIST April
last clothing from Lyman Pardle. The Jury found
him guilty Of petit larceny only and he was sent to
the Penitentiary for months.
Embez ziemenL-Wm Gainforth late porter ia
the employ of VIM. Binsse Of 43 John-st. was tried
for embezzling at different times buttons and other
articles to the value Of sl0s The stolen property
was found in bis possession, and the prisoner was
convicted and remanded for sentence.
Ro6bery-Julian Cassidy was tried and convict
ed Of robbing a simple Irishman named Patrick
Tracy Of Sos, while at the house OF John Mcdonald
in Anthony ST. on the 2sth Of June last Ii appears
that Tracy saw the accused seize bis pocket book
after which she attempted to run Oft bat was pur.
sued by him and arrested. She had, however
managed to mako way with the pocket book, add
the complainant has never obtained his money
She was remanded for sentence.
Stealing a H0rSe.-Lewis b. Brown and Chas.
Anderson were put on trial charged with stealing
a horse and wagon in the month of May last the
property of Anthony Provost. Brown, 1t appeared
in evidence, went 10 man who had the property
in his keeping, and presented an order for It, pur'
porting 10 have been signed by Provost. The
horse and agon were handed over to him, Ander-
son merely accom- panied Brown and had nothing to
do with the business. He was discharged Brown
was found guilty 81 petit larceny and sentenced TO
the Peuitentary for three months.
MaHsl0Ughter IN the FIRST degree. Ma
gent was placed on trial. charged with having
caused the death of Benz Norton, by stabbng him
with penknife. Mr. Manry, witness, testified
that the parties bad a quarrel and personal encOun
ter in The ter alley on the 4th Of June that Nor
ton seized Nugent by the hair. when the latter
drew enknile and stabbed the deceased twice
once in the stomach and once in the breast. Nor
ton was convey ed to the Hospital, and lived till
the 18th Of June, when he died from the effects OF
the wouuos.
The Court adjourned before the case was con.
clnded