The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-23
United states District Court.

brought 20 recover ses4 90 frrsb, on mere car
red in the bark VIM. C. Lewis owuei by the lbel ant
from san Francisco 10 tho port and delivered here 10 the
respondent In October, 1854 The respondent sol up
ccience that part Of the goods not delivered that
part was damsgea by FAULT Of the ship, and thai feig4t
~ b~ paid pat by weight aud not by MEASURE
ment By the Court.Ihe defendant is responsible Tor
freight according y the terms a. IA. bill ~ sng and
the hbelirnt elects 10 make the compu, alton y
ment OF the at y cen,s per cubic foot instead OF
charging per cent pound he Ia entitled 10
upon that bss pom the ptoof, the damage received
by the bard oscssionei by the blowing 81 tie
vessel. or taking n water in rough weather In either
case It arose from pesis Of the The hbellant
bound 10 deliver the quantity Of cargo specified in the
Bill q ladng and upon uc evidence Is hao Tor the de-
heency o, 56 pounrs of csppee, Mt ~ cents ID eqn
20 49, g. D~ciee Tor beian, for ihe freight ess that
amount with costs.
John W. Harbct II o. ~, The ship Erancis A. Palmer.
by tn. court-rhe exception In part aud demurrer Ia
psrt to the answer for insufcency cannot be support
ed because OF any want Of certainty in the plea lag
Tie libel called for specifications details IL pro-
ceeds upon the claim Of lien the ship for alleged
deb, which occurred to one lesns unds. hs conlrsc.
for building her and claims that the debt Ia assigned
lheants The answer denies the existence Of the debt
and aso the existence Of lien in favor Of rerne
the libenns upon tire ship II need have gone fur
Their 10 mako complete issue upon the libeanta claim
II might be exceti0nabe for attempting 10 spread out
facts In support those general rments but not
for failing 10 smpliy this cefcnc~ n particular
exhibition OF the evidence by which they ntcnd 70
maintain IL An answer TO libel In Admiralty nsed
not spread ont part enlarr INFINITELY, to
bill Of discovery in Chsncery II need 60 no further
than to admit the allegations In the libel, tale Issue
upon them, or set matter IN avedance Exceptions
and demurrer overrul-d.
Richard r. Sh,pAe,rf ~. the Lgh>r En,cprs>- the
This scuon IL 10 recover Xix weeks service
board tie vessel Barncgst and bringing her 70 Nav
York. Only witness. examined In the cause, the
builder OF - vessel Who was called by the hbclhut
He proved work done by the libelknt In Asstanoc Of
the witness and his in stepping the mast and putting
up the rigging to the boat vessel q ovef y tons bur.
den but states At the tim. that tho iibeliSnt told
him he employed by the master Of the ve~
sel and was to rscsve SO per wsek for his sarycea
The witness also Expresses his belief that the besn,
riormed service. hoard usually perfJrned by
masters Of such craft The rule IL too fully settled In
the American Courts to be open for discussion, that
master Of "A vcssel has lien her for HIS compensS
ton The tecIee must be Tor the claimant diamsring
| the hbellnnt with coats
Wy. Wtison ~. Ne Ship Brcmerharcn.-Ihi, suit was
brought 10 recover $3.50 for towing the ship In FROM
The alleges that the towing doae special
contract by the hbelsnt 10 receive for his sevcea the
81 SO and assignment o. tbs permit Is land the
| passengers which board this chip. The li,e
an,s witnesses proved that such thu contract aud
that The shpowner refused 10 fulni the sgreemen, by
assigning the petmit 10 pay the lioennt than
$50 Held by the Court that the contract j. prohibited
by the state laws (seainn laws 81 1859 en- 2lS and
hlel and II ~ msdc misdeneanor or the part ~ tue
shipowner to execute It, and the claimant, therefore,
rightly iepndiated the agreement Of the master. That
the libel ought 10 have alleged the contract and III.
claimant could then have pleaded TO its vail My but the
claimant does lose the advantage Of that defence by
hrg Obliged TO meet the action IN u qainf"m mer'e
That The hb'lnnt eannot enforce that agreement against
the shp substitute different one, and the ten Ter OF
| $40 eSDgnshes his right Of ton.
ne Itnnsypan,a Cdl a. ~ ne Ship Qaon vic,orra.
The sp brought the damages occasionei
by collision between the barge Srah A. Palmer. owned
ny the pesnt and in tow OF the steamer Telegraph and
| the ship which In tow o, the Union Ihe
collision happened In The fas river. The tide mood.
The barge going up IN. aud the ship coming
down, both vesse being the middle OF the channel
aud were tending towards III. east shore. There
nothing in the stream to prevent her vessel from going
To east west The starhoadhw Of the ship the
| larboard bow o, the barge which was sunk and lost
Held by the Couftfhat tho law 81 tbs state required
each Seae to be navgaed the mide Of the river
possible, also that steamboats, meeting should TO
the sarbtard That the fair preponderAnee Of tho ey
Is that the barge bore away sarboard from the
chanre and that thu ship bore easwardy It on
ssrbosfd helm tending the bows ~ the barge and
that the collision occurred whi, the vessels moving
in that manner. That the iauy conduct therefore,
U1iidm j. 7oiid. al rs The trser JaDt-f afpy This
suit brought 10 the damages oee.ionei to
the schooner Trader Owned by the heiian,a, by c,a
Ion with The steamer viii u happened NJ sea oi Bsnesat
O'Clock NJ night. The schooner coming from
the south TO New York and the steamboat bound "a
Cbaflcston-runDing with the wind xbeAn this ~ H.
BYE she carried the accustomed lights aca hsd two
competent lookouts ststoned forward The weather
| thick, foggy and rainy. Ihs wind light and the
s.hooner was going Two and hail or three In hour
hoaeiDg r. = r. she carried no sianaing lights, but
raised lantern as signal when the steamer was .,
teved approaching her but far enough oil 10 have AVOID
I'd her had II been GiscerDed but the schooner not
TIL Il too late 70 avoid the collision. The
steamer ut once, not knowing the schoonsr's course
r'arboard, her helm and wi hin u minute and half
estimated struck The isrbonrd side Of the schooner
with her starboArd bow II she bad ported her hahn
Held by the Court that the schooner dii AL she
bound to DO by showing tbs Ugh, - warning.
duty ~ the steamer, II the darkness thick
10 disable her from discerning vessels aheai easily,
to reduce her speed and call aect III. dspoaapi.
part Of the TO keep watch and such has been
garded the rule in the lntei States particularly
where the steamer was In tho~ough.re Of other YES
| sells. That the II the Columbus az How, 1871 II
correctly UNDERSTOOD rcstfani and qualities the rule o
responsibility Of The ship for lack Of diligence failure Of
lockout 10 discern and give warning Of approach.
ing ,essls But keeping within the broaaer, s,,uar Of
that deci,ion the steamer In this enipabie In
being ahead Fir.t In tina, the lookout da not notify
the officer Of the deck Of the Of the schooner
second, that the steamer did not stop and back third
that she ssIbosrded har helm In ease ~ doubt when
y was her duty 10 port II. (The Neptune 10 os 553J.
That the steamboat also in fault in running at ths
rate Of nine and half knots II the nrht vas 40
bick tina, she could not d1eo,er vessel ahead In time
though she had competent lookout Il IA incumbent
IN steamers running Ia thick weather - hold locomotives
| uncer such management that they steer from
back out Of tie ~ any vessel within shs distance ~
which such vessel may te dscoysrabe by the II an
reasonable diligence Decree, therefore or ths libel
nnts, with reference T. rompnts the damage IN The
reference evidence b. gven whether ID" loss a
vessel might have been avoided BY proer 'ior % the
| part ~ her
| oi,op 4. Uo,Al,gr ~, r. ~ ~ ~ ,l1mi.a, r.
| Darantfhs suit va brought - recover the aAns 49,
sccasioncd 10 the schooner Alexander ~ by collision
With the .teamboA, ln u. FAsl The schsssf
gorg down the nyer close hauled her sarboari
running y " IT," Steamboat had Jost made last 10
hrig 70 to- her and heaeing = 8 ami WORKING hrf
engine backward lac fact 10 dpule WHISTLER tne
tug wss stationary backing the uark ~ us
/ scnoonos Ped w the cynft-Tbui On the eviaenes
tbe ,tssmtoat was not barking. aud The Nbsan, has
issd % shsw that tie faui % TIE collision sy ~ita her
Libel distnisscd wiih c0sp.
| M Jnoef snti = Hr,y WR0a John Earrs and
3hoa. trs,s This motion arrest u jnsgnnot.
The defendants par " the ~ tho Ab caSils
Hagnca, and we're Indicted under thc "a .tAtA
large u ssc, FIR enfsayoring " male rsye ro'
&c, on board. The jnry found them guilty AL
ns counts IN the indictment sheh eh.rgcd thsa 18th
esdeave ring o. make revolt bat found thin guilty
under ihe third count, which charged then With niat
irg hot bosfd Held by the Cpnfifnst tbs
chief SUPPOSED 30 exist In enforcing the Crimes a.; n iSo
wa that Tho act sd not define ts oenos Of snassvor
10 make revolt thAt The act u lsa5 gsusgsy sup
po'sd a. have been pass"d 10 remove this scuflsy
The frat seti,n ~ thAt at dsssribes and ife.ts II
crm. - nutiby AMI the sond section "a AT 81,
~ 10 provisions, deal clesriy vih the Initiation ~
a.. crime q neuny, and the efforts And parppse ~
crew e. msie fnuuny, hat u would not b. H.
sonsnre viii the usgsi nsthdt ~ legislation ~ ~.
abruptly In the esn,sucs cut ~ limited csss IL
orepo~, and bring the paragraph as,ine and al
di'apsl offence, that the making not Of ySsfd
~ mpi~s that their eisftseriy sy~@
INTENDED or condoces ~ have rnunous saecf ans
suit iha, a. the verdict u the jury anqu M ds'sn.
NJ