The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-28
The Ammuniti0n Sbr the Attempted Invasion
Of Cuba-Action Insurance P0licy-A
Juror Wakes Up, and the Case Is Suddenly
SuguendCd.

Of Cuba-Actl0n an Insurance P0licy-A
Juror Wakes Up, and the Case Is Suddenly
Suspended.
SUPERIOR CoURT-PART SECOND
Before Hon. Judge Slosson.
Nov. 27-HicAcock q Burroughs rs he Atlantic M,aual
insurance Compony-H will be recolerted that a few
years ago come gentlemen of nbustering celebrity
bent upon acquiring Cuba and expedition WAS set on
foot in this city for the purpose Of invading that island
large quantity Of arms, ammunition, gun carriages,
rifles, revolvers and other implements ~ war were
shipped ut New York board the bark Victory, on
voyage st Thomas thence TO Vera Cruz or Port au
Prince, Aux Cages, or some other port IN s. Domingo
The whole cargo valued at $50 600 and policy for
SIS eco was effected with the defendants by Mr. Appleton
Oaksmth. The Victory was subsequently lost at
sea, and the Plaintiffs sue as assgnses Of oo MT;
with them. The balance Of the insurance was
effected in other companies. For the defence It
submitted that the policy applied for by Apple
ton Oaksmh that he suppressed certain facts as to
the nature and character OF the risk that the voyage was
Illegal voyage being FOR the purpose of an expedition
against territory which is ut peace with the United
states the defendants also that some portion VI the
cargo secretly and fraudueny taken ont Of the YES
before she sailed from New York, and that this was
done contemplation of loss, and with intent 10 obtain
payment for the same also that the vessel was not sea-
worthy, properly manned or fitted for the voyage
and that IN consequence of such negligence she was not
a fl condition to 90 sea.
The case, which commenced on Monday with every
prospect of occupying the Court for week ten days.
came 70 very udicrous termination for the present
large array Of counsel were engaged, and over
sixty witnesses subp9naed. For the plaintiffs there
appeared exJudge Dean and Mr.. Robert Andrews.
For the defendants there no less than six legal
OBSERVATION-DISCLOSURES. +. b. Cutting, d. Lord, u. d.
Lord judah, Dickinson and Fessenden Two days and
half consumed in hearing testimony and the Court
met Wednesday morning Evacuation day. for the &C
commodaon OF one witness who obliged to leave
During his examination of the jurors stepped
from his seat and spoke TO Mr. Lord OF the counsel for
the defendants. That gentleman referred the juror the
Judge to whom he Immediately communicated some i'm
portaDt fact that seemed embarrass him (he juror
The Judge, addressing the counsel both Sides said
that the juror informed him that he DucnInan and
bad not understood particle of the evidence that had
already occupied the Court two days.
This intelligence seemed to astound the counsel, ane ,
after SOME desuory conversation the adjourn
ed until Friday morning, in order that the Judge
might he satisfied OF the genuneness of the objection
which the juror had raised TO himself
On Friday morning the juror Mr. Mentz, or Pcntz, or
Renz, somehI like either the other Of those
names, sworn and examined by the Judge 10 his
knowledge Of the English language.
The juror said he kept store; here in DIS country
language most all his customers Dutch and dey spoke
de Dutch language always.
The Judge asked him If he had ever been a jury
before in this city2
The Dutch juror replied that he had that he the
jury in the case of Williams against VIM l. Burton, last
week.
The Judge desired know how he understood the tes
tmony that trial so to be able TO give verdict.
Juror-Oh dere anoder Dutchman Jury, and he
told me vot 10 do and did do vots he tods me-
II became perfectly apparent 10 the Court and coun
sci that Mr.. Pentz Bentz, Mentz would be more
at home in attending To his Dutch than deal
ing justice in the English language in an American
the cause was set doFn specially for the first day in the
next term.