New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-19

afternoon motion 10 strike out certain parts of the
compsintas irrelevant and redundant. Mr.. OConor
argued the motion on behalf OF the defendant, and
Mr. Bowman for the plaintiff. No decision was
rendered.
emitted STATES DISTRICT COURT-DEc ls-Befors
Judge BITS.
TIE PLycHITA DISCHARGED FROM CUSTODY.
The United States sst the Bark Psncbita &c.
The parties being anxious for decision of this case,
enc was rendered yesterday, though the opinion not
having been written out in full has not yet been fled
The decision OF the Court upon the various points Is as
Sonows:
Belts, 1.-THE charge upon which conf,cation of
the vessel lie sought, is that che fitted on, ana em
ployed in the slave trade in violation OF OF the act
Of April 20, 1878.
The evidence offered to support the charge consists
l. OF the testimony Of Andrew j. Brewer and Francis
A. Brewer, FIRST and second mates Of the vessel VINO
testify TO declarations of the master This is all the
direct and positive evidence offered eliminating the
vessel.
2. Surprising them competent Witnesses, neither OF
them eates that the master said the vessel was gong
upon shaving voyage Of his yn knowledge, Oh IRON
Their testimony is that the master engaged them 70
assist in arresDg the supercargo at sea, and that
~end then os amnoved in the slave trade This is
no legal elimination of the ship by the assistance OF
the mester. 80
ading on the vessel and acts Of the supercsgo
are jast as compatible with an innocent 40 illegal
voyage, and do not, accordingly, amount to proof of
l. The papers found upon the slpercargo contain no
evidence affecting him personally, the owners
vessel They relate to other subjects and other par.
ties.
5. No general suspicion reputation, even Illicit
acts, Of these third parties can be made evidence
against this vessel unless proof is supplied showing
their completely If not in this particular voyage, a.
least in illegal transactions of this character with the
partise who controlled this adventure.
6. No general rumor or suspicion tnat .-!!yiduals
have employed vessels equipped aud laden, this
"a in convict
vessel Of the oense unless it be supported by proof
that she was actually engaged on the occasion in an
mon fame that individuals pursued that business,
enough TO require them to give proof of their iano
cence unless facts given in proof tending to mpl-
cate them in criminal scts.
T. The testimony in this cue is clear that an honest
trade business TO very large value, is carried
between the United States and the Coast of Africa in
vessels of the size and equipment and with like ladng
with this And also that the ports and places to
which abe destined are places Of lawful trade, and
that the slave trade is there prohibited by the laws Of
Portugal.
In my judgment the charge against the vessel i, not
established by legal proof II is, therefore, ordered
that the libel be dismissed AMI tina. the vessel and
cargo be discharged from custody.
The declarations of the master Of the vessel made
known TO the prosecuting officers, afforded probable
cause for exhibiting this information it accordingly
ordered that certificate of probable cause be given 10
the case
UNITED STATES CIRCUIT COURT-DEc. ls.-Be'ors
Judge HALL.
INTERESTING TO FIREMEN.
Franklin Ransom, ct al ast. The Mayor &c Of New York
This action is brought against the city for alleged
infringement of patent for employing the pressure
"Of column of falling water or the tendency of the
hydrsulic pressure on water at rect to assist in the
working of fre-engines by combining hose or pipe,
inducing said water with the receiving tube, of an
"poser T Rs p|soais claim 600 for aOtus and
The defense is that plaintiff, invention is net novel
~. j. Keller for plaintiffs Jos. w. Gerard and NJ.
V. b. Wileozson for defendants.
SUPERIOR CoURT-TRIAL TERM-DEc. ls.-Beforc Judge
SLossoN.
coLoRED PEOPLES RIGHTS THE CITY cARs-THE
CASE CLOSED.
james W. Pennnstec sgt The Sixth avenue Railroad Co.
This case went on this ming.
Mr.. Hutchins opened In behalf of the defense. He
stated that when the Sixth avenue Railroad Company
was organized coOred people were allowed t, ride on
the platforms. They requested cars for their speca
conveyance, which were put on, and when they asked
for more. more were furnished, Subsequently The L.
gal Rights Association was formed to test the question:
and the plaintiff chosen President.
1t was admitted that Dr. Pennington was put out of
the cars but was the intention Of the defendants to
prove the facts just as they occurred. Dr. p was mott
Red Of the rule Of the Company and told that coorei
car would be along Mr. Hutchins further stated
psny furnished ample accommodations and he insisted
that this was parallel to that OF Railroad Compa
MES which were in the habit Of appropriatng cars OF
portions Of cars to the use CT adies-a custom IN con-
damages.
Col. VIM. Ebbetts Superintendent Of the Company,
the first witness called and testified that the rules
of the Road which were we'll knownto the conductors,
forbade coored people to ride in, but allowed them to
ride the ordinary cars ion the front PLATFORM.
voted to the Of coored people, and notice printed
each side Of the cars but no printed regulations
posted any where. -
The defendant here offered to prove that this arrange
ment was made at the request of depu alton of cOored
people but the evidence was excluded, unless It
showed the plaintiff to be party to the fact proposed
to be shown.
On bic cross examination Col Ebbetts said that no
notice given to the public of the regulation,
cept through the conductors who tell colored man
when he attempts to get Coored persons must get
on behind and pass through to the front platform,
which is nclosed by gate to prevent people from get
ting of, and will hold four or five comfortably.
The same regulation is adopted with respect - fe-
maes and children to males. There is protection
against cold or rain except the roof.
n question as to whether there were any accommo
datons for passengers between the tormn of the road
was ruled out after short argument between counsel
in which the plaintiff claimed that the rule, ia the
question was anewered in the negative unreason
able, and hence Illegal and the defendants insisted
that the suit not brought for neglect in providing
sufficient accommodations for the public
The witness then went TO say that there forty
cars in all the road and that white people often rode
IN the eolored cars, and but few c)loTed persons
question as to what the witness understood by people
OF color was ruled out, amid considerable sensation
among those who were unmstaka ably such.
To que ston on the redirect the witness replied that
the COMPANY we've able to carry all and more than Al
the ooored people who offered themselves. Ga fur
ther cross animation Col Ebbetts stated that the
FIRST eolored Ger at o'clock in the morning. and
that they made but nine trips IN day.
John y. Early, merchant living 10 1hrty'sWtn