The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-18

LAW uGyHIsx x021e0s
| e~s>~-~>~~~,~~~c~~~~~~~
United States Circuit Court
Before Hon. Judge Belts.
LARCENY OF MONEY LHFrERs IN THE NEW YORx POf r
| 0FFICE-C0NvICTIoN or THE PRISONER.
DEC. lo.-7Ae United States Jdmes Fitsoib6ons.-
The Judge gave hs decision this morning. adverse to
the point of law raised BY Mr. Tamadge yesterday He
said that the act under which the indictment founded
has two provisions for secretng and the other for
stealing letters mailed for transmission The Judge
read tho sectional Is sufficient in indictments Of this
description to employ the language Of the statute and
though the circumstances adduced the trial were
familiar to the jury, the Court would recaptulate them
in order that they might understand the law that he
would apply to the Having reviewed the evidence
the Judge said that every fact clearly proved against
the prisoner but the defence taken s that he was not
within the statute the packages intended
for transmission BY post. Breads the section II Is
obvious that this construction the statute by the pr
soner't counsel cannot be maintained 20 that extent
Suppose the prisoner had been by Mr. Hobrook
abstract money from letter and that ho then destroy
ed the letter by fire. 80 that no evidence Of where 1t
is & ~ners tss ss rou S q &c ws
within the meaning Of the act Of Congress
What Congress meant to throw the protection OF
absracted the box Immediately after Il was thrown
In It would come within the meaning Of the statute.
4
intended to be conveyed by mail aud It is supposed that
those letters being there intended for transmits
| veyed by mail, but were conveyed by malone had
been conveyed from Bridgeport the otor from New
ark-and II they had been robbed from the mail on
transmission, the offence would have been high il
had been any other letter not mailed Tor the purpose
OF detecting the frauds amongst the ofts of the es-
tablshment The act Of the prisoner is In way mti
gated by the fact that this was ecoy letter In the next
place, these letters contained value If persons placed
their silver In the way their servants and Il was
n Ont fhe hfaf
nor would be less crime in law the owner had
put his property within the servants reach. Tho
sby OF the act does IL restrain the hands of JUS
tice which must be usednot for the purpose restoring
and preventing, possible the OF similar Of
fences The Court thought therefore, under the first
is another count in the Indictment that the prisoner
stole the contents OF these letters The theft beyond
an doubt and the question then Is whether they
there was no doubt that this party way brought within
the meaning Of the act The jury were bound BY the
Court on the law the prisoner within the meaning
| of the statute.
Mr.. Talmadge, for the purpose OF having the ques-
tion decided, took exception to the judges ruling
The jury, without leaving their seats, found verdict
| The prisoners wife, = Young and pretty looking wo
man. apparently shortly TO become mother, was seated
by his side and was deeply affected by the result OF the
long period of years.
Mr.. Talmadge asked the Court defer sentence for
\
near her confinement and ii would be necessary for her
husband to make some arrangements for his unfortunate
| family
The Judge said, the sentence must necessarily be
severe onempriscnment for period not less than ten
yeorstime would be allowed and the sentence was de
ieIred until next saturday.
| The Court adjourned to Monday morning
United States District Court.-Ia Admiralty.
Before Hcn Judge Belts.
DRc. 1sTne United States r The Steamboat Catherine
Libel in rem to penalty Of $500 under the act
of August 80 1852 the allegation Chat the steamboat
had transported passengers within this harbor without
being provided win life preseryer for each passenger
The boat is tug, employed in this harbcr In towing and
ghterng vessels, aud carrying freight pace
place around the Of the city aud liz vicinity On
the S0th Of September. 1853 sire employed to carry
the luggage Of emgrant passengers from passenger
ship moorcd ia the last river the New York and Erie
Railroad dock the North river Without the
OF the officers 1t The boat and against their express pro
hbition, several enr aut passengers jumped 1osrl
and persisted in gorg with their luggage tie boat
The point in ccuiestation uas whether tire tug
ployed came within ihe provisions of the et and in
server for each person 10 carried Tie court on exam
nation OF the statute &c, held that the involuntary
act Of carrying passengers on the lug on the occasion
she statute and held questionable r. under tho prov
sors of the section 42 Of the act of 1862 this penalty
could be appi ed to steamer ordinarily engaged in the
business this boat pursued Decree for claimants, With
certificate Of probable cause OF seizure.
Herman r. Liringst0a The Scdmship Je,ccsS-J0hr
L. Lockwood rs. The sanc-lho spuiators pettioned
the Court to ave their spulaons discharged aud the
vessel lyerea to the custody OF the Marshal he
cause the day after her bsins nailed bv them She was
again arrested other process aud after remained
in custody Of the Marshal. The Court, detailed
statement Of the facts and principles OF law, held that
the petitions be granted on payment OF costs.
Hobart Iord ads. Watteo ficasso case up
damages occasoned BY ccison The Court held That
the party could not under the order Of reference be-
hind the decree and prove that daSagcs had been
susa med At least nominal damages must be awardci
the damages doubtless trivial and had small
been rendered in the first instance the decree would
probably have been for the Respondent As however
he contested the throug ghout he must abide the
consequences. The vessel injured being foreign one
the Court does not compel the owners 20 prosecute in the
local courts lose their 1t il doubtful since the
act OF February 30 1861 whether this Court has the
power to order. summary costs, or mitigate the full
amount taxable under the statute Exceptions over
ruled, and decree for ibcllant for $40 and costs.
me tnst,d S.ates rs Ine stegaCoas Manhdaas.-Ihis
without carrying in an exposed situation on board,
certified copy Of the certificate Of approval required by
the act OF Congress OF August 80 1862 The OF
the boat demurcl 10 the libel The ceurt discussed at
large the legal points raised by the pesdings and Held
against the vessel for the offence alleged and second
that no than so0 penalty could be enforced II the
offence proved Decree for the demurrer
and certificate OF probable cause OF seizure.
The tnred S'etss Thirteen bundles, trunks, de-,
mercicndise-fhis libel OF information. claiming
The forfeiture Of goods, chiefly wearing apparel bedding
&C. Of egrant passengers The libel alleges the goods
were Of foreign growth manufacture, dutabe,
and imported into the United st3ter board the
bark Alfred rom foreign port and found by the
Collector, the arrival Of the vessel IL this port
ccsled ON boaru aud that dutie- had been paid,
secured 10 be paid, thereon. The denied that
there any copcearnent Of the goods. Both parties
gave evidence upon that issue. The court held the gn
yernTlant had not sustained the si raop and also that
the omission 10 put the importation upon the manifest
did not sgbct these goods % forfeiture under the es.h
section or The act of March2, 1872 Judgment for he
With order that the goods BE- delivered ny 60
them meDt Of the duties assessed upon the mpor
t.etion, and certificate Of probable cruAe o seizure.
Esisg fVstvok oad otters NJ Steamboat Commerce
This action for damages sustained by the libel
lants in bssrg their boat and down and sunk
by the steamer the North river In the night time The
lost boat at the time in fow u the steamer Indiana
and alta distance Of FROM I50 10 300 yards in her
great amount Of testimony taken, and able
gument made upon its bearing and effect. The Court
held that the rested wholly upon point Of fact