New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-18
MAR1sr corRr-JrLr 17-Refers Jad.e MeCAs1ar.

MARIrE COURT-JuLY 17-Befcre judge MCCARTHY.
SUIT AGAINST THE CORPORATION
Wisn Byron, assignee Of Ases2n Asei ssI me O0ps ION
sut TO recover about $500 II is said that Mr. Alger
was employed to excayate for cellars in Broadway
Grand-st Contiguous TO them was lot the title 20
which Is in the Corporation bat occupied by the Board
Of Education for u cir carpe ntershop, where tables
benches and other school furniture is made, and which
fronts on Crosbyst. Ager notified those in charge 10
shove up their building and also to take care Of the
sand, which latter they omitted to do, and the sand
fell. He says that the agents or persons employed by
the Board Of Education told him to go on and remove
IT, and he did 70 the extent of some 300 loads, winch
required the part of his men, about - dave work
jointly and claim is made against the Corporation 10
recover therefor the above sam.
In defense it is alleged that the Corporation is not
liable and that if there is any liability, II is IN the
Board of Education-that although the title of the
property nomindly is in the Cooperation, yet It be-
ougs Ia part 10 the Board Of Education, aud that the
Corporation has control over Decides which the
law Of 1870 requires that all work done for the Board
of Education thd be by contract, which was not the
case here aud that plaintiff cannot maintain the suit.
The Court conceded in the view and dismissed the
CONF aint. For plaintiff Nj f. Byrne; for defendant
Mr.. N. X. Lawrence and the Corporation Counsel.
ASSAULT AND BATTERY, &C., At ga.
John b. CLARK sg. Charles Merrhew and David Nearing.
BY seaman Of The chip Roscius agt. the captain
and mate for assault and battery and alleged wrongful
treatment during the late voyage TO Liverpool. The
allegation is that the mate without any cause what
ever struck plaintiff and that he went TO the captain
and told him that the mate had struck him without
cause when Capt NJ called him q son b., and told
him TO 90 forward or he would strike him for some
cause. On another occasion the mate pulled the
by the hair of the head away from work he was
doing while at the same time he was properly per-
forming his duty and had given Ofense Ii is also
alleged that tire mate after the had complained
caused him to be placed the side of the vessel
with bowline round him TO scrub the side, and keep
ing him III that situation for four hours IL being at the
point where the passengers were in the habit of throw
. .l< Ill
upon plaintiff as be over the sde 1t stated
that il not necessary to scrub the eide and also
that il was customary when scrubbed of making
platform of ladder and suspending that over the
side for the men to work in scrubbng 10 stand on.
Dr. Hunter, surgeon of tho Rcscius at the time
was called witness by plaintiff He stated that II
usual, 20 far az he has seen, on board vessel
where the superior officer treats i'll for the iofe
Ior officers to do so also, thinking themselves a. lib
erty, apparently, TO strike him they please. The
Doctor asked by counsel for defense if there had
not been difficulty between him and the captain aud
inquired that the Doctor was permitted to com
mence stating what had caused the feeling between
them. He then gave fad account OF the treatment
Of seaman board by the captain and mate.
There difficulty with the men, he said, as they
were about TO set sail from this port when the captain
put pair Of knuckes on his hands, and beat the crew.
Of them in particular, named Timothy, he struck,
and after he beat him he put him, with Others, in irons,
and after he in irons he was placed in the
wheelhouse and Captain VI. would 20 in there
and beat the man while in irons. II was
stated by the Captain he said that while IN the wheel
house the man struck HIM with the scraper over the
shoulder, but the Doctor said he no marx there
but what might have been made by the suspender; he
then brought the man out and kicked him the head
ana body, and Mr.. Nearing assaulted him and they
laehed him the deck a cold day; after they put
him back went TO see him, his head had been cut
and had dressed il, and thought he required atten-
ton but they said nothing the matter with him
and that lie would stand II; he was kept there five
DAYS on bread and water; after that he had inhamma
ton all over his stomach and body, and bis legs
swelled very muchi Iprescnbed for him. but the man
died THE witness also stated circumstances that oc
cured at Liverpool, among them that the crew lex
cept the officers and boys left the vessel there he
also spoke of having reshipped for NewYork, and got
far as being engaged III dsnoe on board and re-
marked, 90 could dance, of course better thaa hun -
we thought he referred 10 the mate-when the Judge
said be thought il time TO stop the witness and did
The witness said he kept private journal Of the voy
age but bis journal out had been stolen nom him by
one of the men. The matter in regard to the seaman
Tmohy was made the subject of investg it viii
will be recollected, few days since, at the United
States Commisioner office on complaint of DR.. H.
but he cid not testify that OCCASION not beng pres
ent; there counter testimony denying the alleged
i'll treatment, aud the Commissioner after hearing said
testimony, dismissed the complaint.
The present case summed up by the respective
counsel and the Court gave Judgment in favor of the
plaintiff against the captain for $50 and against the
mate for $3.50. For plaintiff, Mr.. Noble; for defend
ant, MI Nultoe.
SUIT FOR ASSAULT AND BATTERY AGAINST The DIR.
MeMGhan sgt Hunter
BY the steward of the Roscius TO recover damages
against Dr. H. witness above for assault and battery
The Dr., it said, one evening al entered one
of the rooms where the steward was, and asked the
steward to let him have the lamp the steward had.
The latter replied that he could not belonged TO
the cabin, but be could have another The DIR. then
threatened the steward struck him twice in the face
backing one of his eyes. Judgment for plaintiff s75.
For plaintiff, Mr. Vulteei for defendant Mr.. Noble.