The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-26
United States Dssts let Court.
Before Hen. Judge Ingersol.

United States Dsstsict Coust.
Before Hen Judge lngerson.
THE DUTIES OF GRAND JURY.
MAT % The Grand Jury entered court this morning,
and made some inquiries Of tie Judge respect their
power to ignore bills of indictment when they deemed
the evidence Insult :ient to esablis before petty
jury.
The Court, In advising them, remarked that it WAS
necessary that twelve Of their body should find in favor
OF tie bill or 1t WAS virtually dismissed, and need
further action; it not thef s0re the
to go through the ormay OF Diminishing ignoring the
bill, because II the District Attorney acquire evil
dence he might bring he matter before the succeeding
Grand Jury. II there not twelve in favor of the
Indictment, then IL drops dead for want of action II
the District Attorney hands bull, the Grand Jury
have right to say they ignored the bill and then the
accusation hsd no legal effect. The State laws might
Other rules but they CANNOT the laws the
United States. II bill is not found during term
aganst man who is in custody the court may its
discretion say whether lie should be subjected to fur.
ther detention TIE court may exercise the sam.
discretion whether the bail should be continued on
parties cut on bail The practice Of the State courts
The Grand Jury again retired to their room.
We were given to understand that the OF these
inquiries was difference of opinion among ths Grand
Jurors as to their action on some chsrses preferred
against highly respectable ship merchants for selling
slave trace. portion of the Grand Jury think that
even the parte testimony brought before them
bill ought to be ignored.
Bs.ore Chief Justice Nelson
DECISION ON APPEAL IN ADMIRALTY.
MAY 2l.-7ae Ship PaGnir Us. Joseph w. Haacos.-
NHsoN J1his is label filed by Hancox, master OF the
steamboat Hero, against the ship Phoenix,
damages for injury tnat occurred to tie former
the morning OF the sth August, 1858, in slip at
foot OF Spring street. the North The Hero
In the OF backing the reach her berth on
the south side OF it, and which the north
two vessels wing at the entrance OF the slip. on the
same side OF the pier The Phoenix lay opposite the
south see Of pier NO A, heading into the slip There
WAS sl.o lighter lying s!onssids of the Phoaix, under
her starboard bow. Toe the slip was thus
contracted, making the manGeuvHes Of the Hero
what dcot in ing berth bet ween the ves-
sels especially this night very dark sac became
weoged betwesn the hr and the vessel belo and
after sackenirg fastenings OF the lighter and ao
vapcng her iurther into the slip that the Hero could
mtve, the mainyard OF the thGnix in contact
With the smoke pipes of the Hro breaking taem dowa
smashing her wneeihcuse besides doing dana ye
lhe ground OF the complaint in the libel is, that the
hands on board tho Phoenix impropsriy neglected to
tended ten twelve feet the side of tbs yes.
te and occasiored the damage that occurred The
Iondents deny negligence in not bracng her yards and
also charge that the damage occasoned By ths
management OF the steamboat in bsesng into the clip
There is some small conrsrety in the evidence upon the
point whether or not the manyards quae at tbs
time the Hero attempted TO back iuto the slip and also
whether or not the hands wEo engaged in sacken
ing the fas enings and moving the lighter, had not
braced them themselves before the accden oc,urred
but the decided peponccrance is in favor Of the aega
tion tht they were not braced but squared and had
Phoenix. 1t insisted the par; OF the respon lent
that it is customary for vessels lying in lrs around
we'll the day, and hence, that no negigencs is
properly chargeabs for the omission 20 brace them up
or topi them think the weight of ,hs evidence
the is the other way It true Shulx of the
HArbor Masters says that is for vessels to lay
with their yards squared than lay with
them bracsd toplfted whether he while yi,g
in slips IN the night time is not stasd and yet he al
mits tnat 1t ia not prudent thing for vessels to lay with
their yards squared Admitting this to be his duty
Hsrhor Master should lead him to correct this prAc
tce Of vesfels IT, as lie supposes, IT prevails Story
Of the Port Wardens says, when vessels lsy in slips
the is for vessels brace their yards up When
yards are squared Is where vessels lay at the whsves
Mount, Dock Master, on complsut being made to him
board the day before the accident, that he must
keep his yards braeed sharp, up. during the
SQUARED they atsIsr:d With tho .sanboss. that
were continually passing in and ou. OF it, by obstruc
ing 1 ,ns me psss,se Iher. csa be no doubt
Dock Master however 1t may have been before In my
jucgment the duty Was equally obligatory without the
lying slips around the hsrbor and shoui be enforced
By the officers appointed to suPernend ana regulate the
% sS no e IL ssa the ,ns on
and without removing her the collision would no.
bappeIed as the steamboat would not have backed far
contact with the main yard. We do think So After
having called upon the hands OF the Pheux to change
board the Hero we're Justified un er the circum,ances
in making the change themsevss The crowded coadi-
ton Of the shipping at the docks and whvss AROUND
",
Of this description for the and accom-
modatcn OF the business and commerce OF the city.
Undoubteoly where IL 10 practicable, dock harbor
master should be called In to enforce proper spirit OF
accommodation. This could not be reasonably required
under the circumstances Of the present case and
harm was done to the lighter. We satisfied, thers-
FORE that the Phenx In fault and responsible for
the damage sustained, were IL not that the hands
board the steamboat were also In fault for attempting
to back into the sp among the crowd Of vessels without
getting line out to steady her The want OF this may
have contributed TO the accident for this reason the
court below, adopting the rule where both vessels
fault, divided the Ioss We concur in this view, and
shs therefore affirm the Decree with the costs OF this
court Counsel for the respondent Mr.. D. McMahon for
appellant, MesErs. Bebee and Dopohue.
IN ADMIRALTY.
Before Hon. Judge IDgerson.
MAT 23.-Atbet Van Winkle u.s. Steamboat Henry Nor.
rison, her tackle, de.-This . libel brought to re-
about s4oo for ship chsndery furnished the above
steamboat during summer and fan OF 1874, The do.
fence was that she domestic vessel and as TO ell
the items Of the account which accrued before the 18th
November 1854, the lien lost because shs went out
of the State to Newark, and to all ths items which
accrued after the 10Th November, 1854, there
that on the 18th November 1864 the vessel owed
barge TO Newark The hbellant inssted that his ac
count o running account and NOT due until the
last item and therefore the lien was net lost an even
the claim Of the defendants WAS correct or that the
vessel went out Of the stats the 18th Noveber the
statute dd not apply because they suddenly and
went ont OF the state The Ds.rct Judge decided tn.
ryon these points, namely that ia his uig nt
the acscnnt In suit vas running account ani did mot
become aus unt the parties rested their account which
vas af- tie last item; and, therefore, tIe vsssel not
hayDg cons out OF the State after tae last item the lien
lost. But did not become necessary 70 decide
this polgt the decision might be basel on other
poias-That the statute rtlstlag 20 such lena ads
u