The New York herald., 1850-06-13
ru,tes s,.,es C,rcuit Ca.s,.



Jrsr l2-Cssiom Hr4ss Css,-tchr Bris~ s-S
Edc~s y, fsriaine - C0rrr'i'u' Ls~r,l, Tais
tons. for the value ~ box of goods segod 10 have
been worth b'tse'n $500 aud tCoo. which placed
IA the BOnted Warehouse in broadway urdar th.
charge Of the gorsrnmept, and .hich has been mis-.
laid or lot. The evidence having been concluded
eounse On both tides addressed the jury The Judre
ensrg"d that there !. but one question ia The eas.
~hieh vas necsssary 90 submit and that Is whether
or net ds;srdant had been guilty % pcrsou ncgli.
F.noe' in relation 10 this ~ goods The act of
lsts ~ss Imperative the Collector o-isr thcs.
Eoeds 50 h' dsposiied IA the Va-ehouse, if the
Owner desired Il. The Collector bad no option ir
The matter. rBi,r tho provisions 81 The act they
were deposiitd by o." plsintis and have ben Lost
Ihs seged negligence on the yer. Of defendant the
rlaintif must mako cut IL cannot 10 Inferred Az
has been stated frou the bench the law l. that the
Collector II net responsbls for the nogigencc ofhls
su ircm the fact ~ The loss a would be sgsiss.
the keeper of the warehouse. It has been .u-estsi
bscause the government .ill stand by him aud prosct
him from lcss but thi. ought not 10 have sny bear.
'rons bad been done 20 one 81 their osccr hcy would
Trtaps protect hin sssust loss; get their plaintlsO
Iroc~d dings s ineons,tent FOR st the time,
they attempted shov that "a direct consequence
Il the def, nisuts anqueseies In the performances of
bic duty thst oceasonsd the los II the rosds II.
jury skorid disregard any such srgetions ani should
ssum. that he hs. tesn MADE liable for the lo. sf
lrcpery by hs c-n nsgiissnec he nust pay t out sf
his ovn pocket lie the judge would therefore take
up THE case between thste plaintiffs and the defend
sst ss pri,ste otissn The jury must satisfy their
son'csnccs that the defendant has been suslty 81
been sd that desndast hsd tke esre control Of the
wsrshors- department and that sll IN. regulations
ana appointments vsre made hy him, and u th.r.
sry defects IN such system or in cass of his fail
ure 80 establish such perfect sJstem the
liable Tor any loss that wosd happen Nov tbs
tscrssry 81 the Treasury i the head of the Department
au though tho Collector has the general control q
Tho rs- hous, -yst.n yet the secrstsry Is really At
the hsss u II. lEcre hs Homer reed the nfth ssc.
tor 81 the warehouse act The rssscn By ~heh the
pla utns council states that The def ndant Is sb IL
that tho ~ stem " imperfect Well. be u go II
the ty q the Secretary C the Treasury 90 establish
resuis0ioEs n Vss ncw systom II had only gon.
into pcrsion la March lSsf aud required some es
pesienSv ~ the ohers 10 apply safe and rractcabs
nating che iscotery Of what improvements vsrs ne
essasfy. Tbrre Is but other ground relied ulcn
and that vFh rrgsrd % the bookkcepsr, aud no
disohsrr,d pronptly. 80 far % appears. THE should
or the defcn dsa< part bat this 10 regarded ~ the
rlantrs oct ns ~ praof Of his neere for hayinr
appointed sue an officer This comes 10 the result
that " jsfendssv has chsnced 10 appoint = vu -ho
Afterwards falls Snts bad habits. he be sNe liable
hs errors " hV susse1 eutlr becomes inte rerA
Tbcc s The ,orrsmstances the PLAINTIFF counsel
relies uron g. make out his " would he jun
~ csrciusicu 20 - t.tt los II the package wa
the way - ksepiug tbe truks It appears that ths
reckase ef Tcods Sersi the books and u Ia
not pretended that there y any false enry IL is
necessary 20 discriminate .sstroen tbe defesdsnt
vih soUs plausbuhy, that tss goods could not have
been wrongly delivered without the delinquency %
thrse suboriin,t,s coed deaf MIA vt be said even
on h.hslf of the 'ubordinaies but sniy tive cut of
good sridtnoe of ,eme ths part of those IN i'm
ne cdste charge. Then, when the Jury cone 20 tsts
he facts in connection With the eutes of the col
.sior the only eossemsnt is that sueh ss this
~ being half past tbre. o',lost the Jury ~ere \
'rfsrsttc rensu .seies verdict this norrina.