New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-03


$4,000 He intended that the proceeding shoad Be dis
missed or the case sent back TO the Referee the s
cbestors Mr. Armstrong late Clerk gave tessimsay.
IN which he said that every had been taken Of he
pspsrs and that almost impossible that any us SEQ
should have been taken oat they on separate hf
ed that the costs should be added before disns de
Of ohjectors SC; also that the obiecors 40 net
amount to half Adjourned to Monday afternoon.
L. $. CIRCUIT CoURr-Bssorc Juas. Sxrses
DECISIONS.
Aired LAYTON Az the s'exmbosi rrncssss
Suit in the District Court 10 recover the value Of
Of coal on board Of in tow OF the Princeoa Which
sunk rounding the Battery nom the North to the
The following was the contract between the parties;
Dec. H. lsl7To the captain Of the steam tcw bsst
Of the Delsw are and Rartan Canal and Camden and An
boy Railroad transportation CO.
Take In tow canal boat No. $50 Carroll master anl
tow the from Philsdelphis TO New York and back
the towing
Il agree to have the within named boat towed accord
ing 70 the terms specified PATRICK CARROLL. Master.
The District Court sfter taking testimony considered
that the Princeton was not to blame and dismissed tho
libel Appeal is made.
The Circuit Judge in deciding the appeal said The
owners of the Princeton responsible under their
contract only for ordinary skin and diligence in the nav
igaion of the tow the burden Of establishing the want
liant and am Of opinion the prepondersnce OF tho
evidence is the other way follows ths, the decree Of
the Court below should be affirmed
Suit in the District Court 10 damages for injury
to the steamboat by collision tho North River The
libel was dismissed. and appeal made Argument was
heard.
Henry J. Topplns at, ship Wares.
by pilot for extra allowance In plotting the ship in she
being discovered sixty miles out dsmasted and otherwise
injured and bad been the passage from Glasgow icv
days The District Court allowed siS9, and appeal was
made. Decree affirmed.
APPEAL IN ADMIRALTY.
Ehnshsm r Sutton " Frederick Heanell and cshss
NE1soy. CJ-This libel was filed in the Court below
balance of freight earned BY the ship Cyyns
goods shipped from the port OF New York to San Fran
of adug consisted Of thrte, bundles thirty pack agss
and twenty two pieces Of lumber two cases six osa tive
bundles ofdoor and considerable quantity Of plank sad
boards particularly specified The freight was ffy avs
eeIt per cubic foot with Eve per cent primsgc amount
ing in the whole 10 the Of $3.50 40 payable deli
very Of cargo the delivery to the order OF the repcoden,s
the shippers their assigns The goods TO be Gale
for at the port Of delivery within twenty days after arrival
of the ship and freight paid or sufficient to be sold Tor
payment of the same.
ter part of March, 1850 No consgne of the cargo or
other person appeared to receive the delivery OF and pay
the freight and after the expiration the time mentioned
In the bill Of adng Il turned by the Master Of
the vessel to the house Of Meus, Howard Co.. to taxa
the proper collect IT, They put the bill OF la
ding into the hands Of j. L. Riddle Co. one OF the hr
auction houses in the City of San Francisco with direct
ion sell the goods auction for the purpose of paying
freight, They advertised accordingly for sale 10 the
usual and customary way in the newspapers, and hani
bills or pac ards and sold at the anctouee rooms on the
3Cth Of April after the arrival Of the ship, to Charles
scholfsd he being the highest bidder. for the sun Of
1885, leaving balance Of freight unpaid OF siss3 %, 70
recover which this libel has been filed
Ii appears from tho evidence of Schofed. tho pur.
chaser that he resod the property within few weeks at
OF between two and three thousand dollars, and Is sup
posed and commended the part OF the shippers that there
NUT have been some unfair dealing in the sale by the
nast or persons employed by him. else there cond
have been great sacrifice Of the property The
ed,e ire las Ger AMY been an unfortunate one oa, I
find evidence in the TO charge the loss upon the
matter or his owners Ho has been exam ned an the
case; also. n member Of the house, and his clerk.
who had charge of the sale the aucOneer aud puhsse
and their testimony full and conclusive that the sale
made in the usual way and with all the means customary
sndu" compe iton In bidding at public auction Ehoss
made ascertain the goods had been consgnoi 70
any one and from the initials in the bill OF adng II wss
supposed possible that Mr. Gelston OF Sacramento City
might DO the owner aud letter was addressed to him 40
cordinaly but 10 answer received And III more thsa
probable upon the proofs that the bill OF ading had been
transferred to him by the respondents and that no had 40
nj attending the and who bid upon tho goods but
declining 10 take the cargo and pay the freight The owl
dence Of character that would authorize us u place
reliance upon it in deciding the case but Il would have
had been given by the respondents II must have
beer in their power 10 have removed any unfay0rsbe
fertnces against them in this matter.
But do not regard this view at all material In the
The ground upon which plaoe the decision 10 tho
the proofs full and satisfactory that the sale OF tie
goods fair and made in the usual and customary way
and after all reasonable stsps had been taken under the
circumstances to obsin for them the highest price CON
siderable quantities Of other goods were sod at the same
sale fifty bidders present and several bids made
hese goods before struck down to the purchaser
there has been sacrifice the goods OF the respondents
L Il their misfortune and reiorable 70 the hazards OF The
rtae In which they engaged The libelant has per
formed bis part of the entered into with them snd
Il entitled 10 his compensation.
cannot therefore, agree with tho late Judge Judson.
hat the sale irregular that inference Of unfair
il warranted from inadequaey Of price after the ex
PLANTATION given by the proof in this case
must therefore reverse the decree below and direct
ieeiee for the balance Of the freight and interests with
,oss.
Suit In the District Court 10 obtain possession oil me
hip or damages, the Of the ship DIR Bower Of
sine having chartered her to Mr. Eer, and duly
,ued the papers voyage for Australia bat anerwsrd
refused 10 d. liver her and the suit was brought lie
ense was that the guarantee was aseeuain,d ahorw0d
lot to be responsible and Mr. f., il wa alleged w@ not
Judge IDgerso who tried the decreed that possession
# tie ship should be given TO belsnt and appeal was
made. Argument was heard and decision reserved.
1bos Ransom snd otber ssi "n hsles
The sloop Cleaner, belonging 10 plainfib bsded with
orr met with sn accident the North River and sunk.
he as raised and conveyed the shpyard u Mr. H. -
'oxsa ke 10 be repaired but in hauling her In the ways
he chain broke she fell back into tho water and again
INK Action was brought 10 recover e2se the alleged
ost Of rasg her the second time The District Court dis
Missed the libel the ground Of want " Jurisdiction
n agreement to repair vessel In shipyard. Appeal
lade Argument presented, and decision reserved
Us DISTRICT CoURr-BefoE, Jadss BErr.
IsDIcrnEsTs.
The Grand Jury came into Court with indictments
Qainst Andrew j. Carney on charge Of forgery James
Ihamson John Watkins and Thomas Brown attemyt
revolt Francisco Gonzalez assault with dangerous
espon Thomas Lensay Thomas Brown Leonard King
nd Geo Hsrrs, similar charge Philip Fougre larceny
sea; Vim. Johnson same Alden Is Day and william
Amer cruel and unusual punishment Some Of the par
cd aDdD eadei n,fO mil