New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-06-28
DAILY CRESCENT.

DAILY CRESCENT.
LIABILITY or ExpREss CoMpASlEs.-In the
Supreme Court of NewYork, sitting at Brook
lyn, Judge Bareulo presiding, in the case Of
Charles Thurman Ds. Henry Wells, VIM @:
Fargo and others, decision has been rendered
in favor Of the plaintiff The following synop-
sis of the case is taken from the NewYo Com
mercial Advertiser:
ssThis was an action brought against the in
dividuas composing Wells, Fargo u Co.'s Cali-
fornia Express Company, and tried at the
Brooklyn Circnit on the 9th and 10th instant,
to recover for 202 ounces Of gold dust, and %
gold pieces, commonly called 6 slugs, that were
lost BY a theft on board the steamer Georgia,
as she was lying at Kingston, in the Island Of
Jamaica, on her passage from Aspinwall to New
York, in October last.
g 1t was proved ON the trial that the treasure
was delivered to W. II. Backus, the messenger
Of the defendants Express company, by one
Andrew Spencer, (then the owner,) who at first
wanted Backus to take it ashore for him at
Panama. 1t was put into trunk with the,
personal apparel Of Backus, and remained in it
while crossing the Isthmus, the trunk being
with other trunks Of the Express Company, and
the charges for transportation being paid by the
Express Company as part Of their freight. On
boarding the Georgia, at Aspinwali, it was
arranged between Spencer and Backus that the
treasures should remain in the trunk until its
arrival at New York; ]; and Spencer testified that
he then told Backus * he would as soon pay him
as the Purser," (meaning the purser Of the
steamer Tennessee, on the Pacific side, whom he
had paid for bringing it to Panama
/" 1t was further proved that Backus took the
trunk and contents into lis state-room on the
Georgia, and had it in his care, with another
trunk and two bags that belonged to the Ex-
press Company Considerable evidence was
taken upon the point whether Spencer had de-
livered the treasure to Backus as an agent OF
! the Express Company, or as anindividual in his
private capacity The evidence rendered it
probable that Spencer trusted to him as Mes.
senger of the Express Company. The Georgia
touched at Kingston, and while lying in that
port the state-room and trunk were broker
open and the treasure stolen-both Backus ant
Spencer being ashore
/" The counsel for the defence raised the point
decided in favor Of Harnden & Co.'s Express, il
the case Of the burning Of the Lexington OF
Long Island Sound,) that the plaintiff could no
recover against the Express Company. becahs
Il they were merely forwarders and not common
carriers; and insisted that the liability Of tn
carrier rested only upon the owners of tn
Georgia The defence also contended that tn
claim was one that Spencer could not assign, s
as to warrant an action in the name Of tn
plaintiff.
g Both points were ruled against the defend
ants, and the Judge directed the. case to b
passed upon by the jury, on the question whethe
Backus received the treasure as q Messenger
the Express Company or not-holding that,
he did, the company were liable for the loss,
6 FuIBuSTERIsM AT THE UNIVERSITY IN H.
v.ANA-The teachers and students at the un
! versity in Havana have got themselves in1
. trouble with the Captain General, on accoul
of their 's flibusterisn.' 1t appeared that Il
: Captain General, in order to discover wheth'
: he was correct in his suspicious that too mut
t. g filibusterism'' had been inculcated into Il
minds Of the students, caused the removal Of Il
s' Bedal' of the University, "a sort of superi
usher, whose duty it is to see that the class
perform their duties.) and appointed in
stead person of the name of Careno, TAX
from the office of the Political Secretary I
students had become much attached to the
bedal, and were indignant that he should ha
: been turned out at the will Of the Captain Ge
eral to make room for Careno, who began
make himself disagreeable. In their d
pleasure, the students tore down the Capita
Generals edict confirming Careno's appoil
ment, and drummed the latter out of the Ul
versity.
Gen. Ganedo having been informed Of VIII
had occurred, in high state of exclteme
OrueTeu lnc heCCOr anu lue euure POSSE cor
tatus of the University to appear before hil
:. He gave them severe lecture, and it is ga
:. some very strong language was made use
and some of the professors resigned their a
pointments and are about to leave the countl
The Rector and other dignitaries denied the d
cusations brought against them They wei
after being cautioned, dismissed, with the e
- ception of Professors lie Reverend, Pinet, Cf
tro, and the Deacon of Laws, Don Diego de
Tovie, whom the Captain General desired
remain with him, and then accused the VIII,
at heart, informing them, also, that he "
aware that they had been occupying themsel,
81 in collecting money to send to the United Sta
for the purpose of forming new expeditions
invade Cuba
They were subsequently allowed to depa
with this final observation of Gen. Ganeao Il
= if in future he heard the slightest whisl
against their names, they would be provit
- with lodgings in the Moro, and that no mel
- might be expected of him; that he was dispo
to be forgiving, but he could also be severe ?
The students have since made an attempt
blow UP, with gunpower, Gen. Canedos obn
ious Bedal' or Beadle Careno, in conseque
of which the University has for the present
= least, been closed by order Of his Excellen
and several Of the young men provided "
lodgings in the Punta Castle.
Another account states tnat the IOunuatl
y. are now being laid for a large edi6ce cover
four entire squares, and said to be designed
q new Jesuit University, and as a substitute
all other colleges.
- JOHN Bull In EcsTAsIEs WITH YAM
.IDEE. THE splendid steam yacht, the Nc
Star, with which Captain Vanderbilt, Of I
York, has started on q private European
1t. world wide tour with the ladies and other
an his family, is attracting much attention in
The land, the papers there giving columns to q
of scription Of her surprising excelleneies, gu
'"s ties, and rich ard costly furniture and appo
mend ments The trip Of the North Star out i
ct. New York to Southampton is stated in the I
- lish papers to have occupied but ten days, q
andy hours and forty minutes. The following, f
gGap nas the Dairy News Of the 3D., is appreciatve
md good humored
aisn msp The yacht has excited the greatest inte
sigs amongst the ship-b builders, engineers. and
Alt' commanders and officers of the steam pac
@et. ct ut Southampton. Large numbers of per
ion, visited her, who are admitted on board by t
Dos cts issued from the American Consulate.
A' looks as big as the monster steamers of the
& et India Company.
by Handsome flights Of stairs lead to the sal
st which is larger and more magnificent than
;co saloon of any ocean steamer afoat, and