New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-28

,eeoud male ard also lied up By direction Of ne esoaa
sre fogRed BY the second mse- IL was ststed aSl sam
IN pss.ir took hold OF passenger aud me seeoal % Us
tot him Dot 10 skylz kng and followed nim up AI1
pu.hed or 'uueE bin me TESTIMONY = - 49, s.tS
blow OF he face then seized aim by ne nAr Aoo sHueA
hm another blow when hey Sere seq AA1ed 5y ne 80
ts The second male tBen ordered Nmih G NE cADIAl
1sktd whsi be a doing and tod hin because pc
Rad tsfeu th- aw his hands - musk piusl ID
The captain then ordered hin 10 be tied up ana zoe seeol1
nae 10 give bm dozen ashes. Which ws' doae' i "S
said, y 10 rope Of j. or Is urea , .-, -.
The Court II iis enAge sEe % a. ne -Sss.uS 49, -
msu - violation o. law OF congress p1aed sep :,
1850 by with ISIS provided thai n'ssnS n ias Nasy 80
board vesses 81 commerce %, "a ..7 s.Ie
ABOLISHED. rom ard latier ne dsie OF mn &C.
eots def-ucEn,s 10 respond 20 ne pAl1uls =
A. fully Do hoTty ever hst been E'en ~ ~ -
Common Law 10 q Captain 10 irrici a)gEing upo9 rs
E6ceu WI on InA one hsrd. Il Is h p-oynoe o. toe
Court sustain the oceu 10 he exercise OF awil 81
thoy. acc d the most enlArE-i constloIJ-
OF hete porss for maintaining TIE discipline Of laer
SHIPS the p-cua duty Of me COurt 10 SlAra slo Po
tec sesuen ns al oppression puuts meet not var
rspted hy av ana officers are bound 10 themselves
acCusLtsd VIII the proper limits or Ihe eNeuI VI tnet
rosrr, ana suttortv 70 sict puuishr-nt and seanen
should be rely upon the protection y
~ strenspS 10 tske he s mo .heir 5ugn hsads An
Iervsnce OF hiS pfincipe Is me safes resnce or n1n
tsripg due discipline board q shpi engaged 10 com
merce, snd vi he kept steadily IN view ~ ms GoutL
For the sstAu by the psirut the isef 70
enuued oausges bail am inclined " excuse tns maze
for OF foggug which was nncisi una er me eye
5st ~ Il moi chsreesbe win OF The law, but
thai oAmage FOR mat act tnoud oe borne and a oy
The Captain, under whose OfocIs DC hCtcd
give iuo az sgaius GOD ward second nae Tor slV
A. 10 Capt This The first which has been pros
ecued IN this Court csinn dsmsges ior nogEng 10 VI
OstOn OF he sw OF Congress referred TO- ano aee
proper that amount Of damages soOlld oe i"Hue1
hich shall manifest thai his Court VII proIec1
the rights OF tesmsr when they are ln0nger upou IL IS
rot ouesion flr this Court 10 deiDerss upon whether
logging In vessels OF commerce - necessary ID -nla
oscipe or not that's point which hiss D-en moosd or
consiaerahe dine And been passed upon ~ con
pelent authority IN the form OF law oinons on a. ps-s
and upon this Court ana is the bouuo-n duty Of 1as
10 lis spirit 80 i1ak
certsped by practical operation, wheiher II -Xpe0l
ept or rot II iDurous II is the peculiar province Of he
Ieeis sve power modify or alter u In THIS view OF me
case hisI psuuf Ihou recover sgsns the DE-
f-uospi Noble CHE Captain 50 FOR which sum- WIN
ccsts give Judgment sgainst hni. .
lin The defense stated mat The orders OF me snip
were that none Of The should Interfere WIN me pas
,ergers ard that Smith bad often done so The Court
thai no nal had been shown on the paft OF Ire
Csptan sud had he given III msn - oppoluI5 10 ex-
n ain he mi kht have been justified under the old law
Lar rs 20 CdrtGge.-Sult by q carman named
LeWi, 10 recover bill sgars the proprietor OF Sugar
Houae 10 RutgetsIt for caring No sises The a~ g.,
lows for carns hog shead OF molA1ses Sof cenu sua
saws "A 10 caring In r. auO0 The prices charged
Tor different articles Ia all cases where he dlsiance eA-
resds half us sud does not exceed mie the
man shall be entitled to receive onethrd more Tor every
load OF The article Tor every additional naf nue as
article thar allowed by law he IL liable 10 az 9 OF s.
Il appeared the present case that the carmsn caed
distance mile and about tte short OF quarter
additional half mie-mskiug additional half miles.
and The law as cited 10 proof OF bis right
%.
passenger disance exceeding mile, and within tTO
mies 20 cents and FOR each additional passenger - cents
The Court considered that the law "a Hackmen did
not Apply that for Carmen the one specifying each hat
mile and the other saying exceeding mile and within
miles and that the law does not apporuon As % less
point Than half lie the Court cannot do and thai me
order entitled beyond the half mile toian
additional charge Of One-thTd must 20 the tl aduOnA
half mile and charge for distance short OF il
The plaintiff therefore his case only entitled TO be
paid for the haLmie designated by law, and one addition.
a. hafmle Judgment accordingly
ITv r. Jef,fes agt Can't PEARSON steamship
Oreoor-Accn for alleged assault and battery and false
Imprisonment placing plaintiff sesmaD OF the Oregonl
irons sno keeping hun confined IA fs run OF the vessel
al sen Francisco 1873 the Oregon BEING mail steamer
between San Francisco and Panama Nine Of the crew,
including plaintiff refused 10 do duty On the ground of be-
ing badly used and compelled to worn in port Sunday.
Applcad, made 10 the American menof war there
and al finally returned 10 ther duty except painuh and
one other who refused. He treated as mauneer
and confined irons Tor month and was finally put
on shore He claims have belonged 10 the ship as
he did sign any articles and The Captain had no right
inprson him. In defense II commended that having
engaged board the vessel he equally bound as II he
lad signed the articles Decision reserved.