The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-14


Red Heck is without an appointment but it is uadsr
stood that It vii! be filed by distinguished member Of
fession in this city the 18th inst in the Allen street
church. There were no changes Of presiding elders.
United States District Court.
Before Hon. Judge Ingerso.
LARCENY ON THE HIGH SEAS.
MAY 1o.-Charles H. Brown second mate Of the Anne
rcan ship Winfield Scott, was charged with stealing
box of clothing belonging German passenger ON board
that vessel on the 18th Of February last during her
conducted the for the prosecution; Mr. Wheaton
defended the prisoner. appeared in evidence that the
discovered in the forecaste and by the smony Of
boy it proved that the accused seen removing
bog from the seerage to the foIecaste at night Tho
and had no knowledge of The jury found him guilty.
and he remanded for sentence.
DECISIONS IN ADMIRALTY.
By Hon Judge Belts.
Charles Hduford vs. Waller T. Griffin and Thomas A.
TtltnShaa-Tbis action was to recover $3.50 for ton
worth upon the North river for the of 1852 The
belant entered board the boat the first of March,
the 2lst OF June He alleges the bargain for the sea-
SOB OF navigation, and the respondents that it at the
rate Of S45 per MONTH for such time during the
as both parties consented to its continuance Hold that
no general custom or usage proved that hiring Of
pilots to steamboats, on the North river without speed
fcation OF time absolute for the full period of
CATION Also held that in the present the weight
Of evidence that the hiring special that is for
and the suited him. That the iDelant was ton
dered before suit brought the full amount of wages for
sne ,ne ne served ana until as "a charge and the
that accordingly he has established cause action
Decree for respondents with costs.
owner of italian bark which moored alongside Of
asteamboat at the end Of pier No. TO- North Tho
soop Of the defendent sailed drfted close to
strike the spars of the bark and injury This
lbeant claimed the value of two spars broken by the
collision and some other small DAMAGES valuing the
whole at SlO2 The evidence for the defendant was that
the spars we're rotten and worthless the other injury
merely nominal and that the collision caused by the
faulty mapner in which the sPsrs rugged out the
bark. He also gave in evidence offer to submit the
cause to the decision of the Marine Court where there
blame of the collision lay upon the sioop That accord
ing to the standing of decisions in this court
both vessels had belonged to this State costs would 10
allowed the hbellant as he might have had the same
redress in local court without creating dsproportioa
ate costs But the vessel injured being foreign one.
actual damages sustained be ssceraned on the report
Of comm'sionsr Held to be doubtful whether the act
court the of lessening the in admiralty 70
summary costs, or smaller sum- where any costa are
accordingly ordered that If damages are re-
to be taxed pursuant TO statute.
John T. B,terrcorh u.s. the brig Washington for
Barring voyage to California about 900 miles from
this port deserted signal Of distress ON the brig anl
africa with cargo worth about and tho Sre
herself about &c., 200. The captain had died en- the
coast and one seaman few days after her sailing and
was IL charge Of the second mate and three seamen ons
Portuguese. unable to speak understand ogish Ths
and when spoken by beants declared himself inca pab
Of taking the brig into port All he required was to b.
supplied seine person to navigate the brig int
from the ship, which then proceeded her voyage Shs
vent of her from three to Eve miles to render tho
assistance and was detained about hour but did
thing more than send out her boat and put the navgase
on board This was in the DAY time in moderate weahe
with the wind Free and danger extraordinary sxer.
navigator brought the brig safely into this port.
The service was commendable and highly useful
to the claimants, as 1t was the probable means
Of saving to them large amount of property.
1t was strict juris salvage SERVICE the belants fur.
and continued 1t with her to her safe arrival in port BIT
in character 1t Of the lowest grade of salvage merit
riding the assistance the policy ship Gu
dangered She being justified in devatinx to ans Ner
signal of Distress and relieve life in peril The reward
in this case should be moderate the ship was
put to no inconvenience In parting with navigator and
no gaanty or exertoa of the put In
requsition STILL the compensation should not be limit
ed TO payment merely for the work and labor performed
as must DO regarded important to the interests Of COM
merce that Sc, vices such as these, should be suitably
encouraged The master and Of the ship arc to
be regarded CO savors and general reward Of 5000 WITH
costs ordered for the services rendered including the
gree as to the distribution, application be made to
the court for the proper order in that respect
Thomas Ransom and others William Mayo-This
action is for breach of agreement by shpwrixht 70
put repairs in his ship yard the vessel Of beants
ship yard, and repair her within time specis.d snS
the defendant charged with having let the YES vel slide
back down the ways when in the acs of hauling her up
and with having delayed completing the work within the
time agreed and detained the vessel from her employ
ment to the loss of bellans Tho proofs show that the
contract made shore, to be executed on shore
and that whist the vessel was being hauled into the
shipyard by horse power, the chain attached to her
after she ceased to DO water borne was supported
wholly on tue ways broke and the vessel slid back into
the river and was sunk. There was discord.ncs Of
proof in respect to any detention of the vessel in makas
of the court Held that the subject matter OF the CON
tract not Of admiralty juridicton 1t net being of
maritime character The claims Of ship carpenters
vessel rest upon different principles from those OF shin
owners against mechanics for not furnishing the Labor
and reatment to ship agreed upon la the first
instance the consideration OF the Indictment il of a
maritime characterthe preparation of a vessel for
navgationin the other instance the agreement j. exe
cuoiy is contracted to be performed on shore and
SITS solely on the liability Of the party under the Law Of
want of jurisdiction in the court.
James T.. Enamons Us. The steamboat South america
ard Abga-ln this case the fault causing the collision
with the steamer The schooner was at anchor IN
the North river one hundred yards from the shore ana
two hundred yards from Caldwell dock in tbs night al
a usual place Of anchoring vessels OF her class The
water deep both sides of her and close up to tia
sbore She had sufficient light suspended ifteen or
twenty feet from her deck which was seen from the
steamer for half mile to mile off, The tide was flood
and the steamer was running up the river intending =
land at CadweHs. The pilot mstook the light on tho
schooner for the dock and when near her and he
discovered his mistake instead Of backing his engine he
undertook to run Inside Of her. but unable to avoid
her and collision ensued from which the schooner re-
ceiyed INJURIES The steamer running head to the
schooner and sheered of to pass inshoe side Of hsr
No call made to the schooner to sheer of upon her
anchor ard had IL been done without orders from the
steamer the proper would have been to put down
the helm, and that would have brought her more d.
rect under the bow Of the steamer Under tho facts In
proof tho steamer must be condemned in damages fer
the injury sustained by lbeant and COSTS reercnos
q missioner
The ship Hoo0rd vs Frederick Weissman This case
exception to the commissioner report, award
ing damages against the ship for not fulfilling the
contract Of areghtment. Held, that the decision On
the merits having been for the beant, and the refer
being taken at the instance of the shpowners 10
enable them to show that the cargo injured and in
persbng condition when shipped on board, that the
affirmation lay With the claimants and they must prove
the facts alleged exonerate themselves. The c0mmis
soner renorfed that tho cargo was laden board