New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-05
FROM BOSTON.
Correspondence Of Yhe N. T. Tribrns.

BOST0N, Dec. >, so.
The Municipal Court Of this city, Judge Nash,
has been engaged fer several days ia trying an in.
dictmert for mansaul bter against family Of San.
fo1ds owners Of the steamer Menemon Sanford,
running between Boston and B,ngOr. The indict.
ment j. found under statute passed in lSi', which
provides that whenever passenger upon any rail.
read steamboat, &C., shall lose his life BY the neg
lieeDce OF the proprietor or the agent of the pro-
prietors they may be punished by fine not exceed
iDp So 600, recoverable BY indictment, the money to
20 to the family Of the deceased
On the 18th of September lSj6 the steamer left
the wharf about 10 o'clock at night, :" starlight.
night on September sea, as DIR. ChOate expressed
it, and among the passengers was Mr.. Allen Frazer
OF OTland. Maine, reckOned respectab Die man there.
with the exception of one failing and about this
there is some dispute The only acquaintance ne
had on board seems 10 have been Mr.. Alm0n Law
renee who is a swift and not all unlmpeached wit
ness for the prosecution. Mr. Lawrence says that
Frazer was sick. Miss Henrietta Glidden, who
was looking about the boat for the purpose
of finding her brother, whom she expected to meet
there, sSys that che saw him drink from
bottle. She alec says that Lawrence told her he
was half drunk. Other witnesses say that Law
renee told The III the same thing This Lawrence
denies and he even says he never saw Mas GllddOn
in bis life until he her upon the witness stand.
Be this as it may Lawrence, hearing soon after the
boat started that man was lying by the side OF the
quarter boat. and surprising that it was his friend
Frazer pTOceedtd to rescue him from so dangerous
a place but bef re he could rea ch him, he saw HIM
rise grope along as if eeing for the railing, and
walk overheard. The Indictment charges that this
quartz boa. which, when IN its proper place,
was the usual ard sufficient safeguard OF the side OF
the boat, was at this time out OF it's "chocks' and
no safeguard and that by reason OF this negligence
Frazer fell eyerbOard. In relation to this matter,
the defense took the ground r. at he boat nds IN lis
proper place; that the accident 10 Mr.. Frazer had
no connection with the boat, even if lis position had
been wrtDg and that Capt Sanford was no. re-
sponsbls for the position OF the boat that duty
deyOlving upon the mate.
The Outcry does not seem to have been very gen
eral as only two or three persons saw the man fat.
The boat was going at the rate Of twelve knots an
hour. Capt Sanford was in tho pilOt-hOuse, taking
care Of his boat which was at that moment IN the
most intricate part of the chanDel Some one told
him, They say there is man OTerbOart,' but Ia
merely replied, "WhO says 50 moment after,
some one else said the thing, and he rung the
bell Tor the boat to be stopped, aud summoned his
mate and seIt him to make inquiries. The mate
not returning the boat again put in motion, and
went rapidly down the harbOr. Among the expla-
nations offered for the Captains inertia Is the fact,
well established that when the alarm WIS raised
woman was seen rushing about in an agony OF alarm
at the supposed loss of her boy. crowd gathered
around her, sympathizing with her distress but she
soon found her boy and then the cry was raised that
al was right and that nobody was overload. As
all explanation of the refusal OF she Captain t. take
bOtce of the first alarm, offer was made to prove
that false alarms were not unfreqnent This testi-
mony was not admitted, but the offer probably mad
the impression intended upon the jury.
| have gwen the principal points IN the case,
which has been stoutly contested by Mr. Choate
and Mr.. l.. d. SOhier for the defense and by Dis
trict- Attorney Cooley and Mr.. John w. May for the
Commonwealth. Mr.. ChOate's speech was charac-
terized by all his usual vehemence, ygor and acute
ne.s do not observe any falling of in his power
as an advocate. A verdict of guilty was rendered
this morning, but it was couched in such terms IS
u give reason for objections which, with other OBJ
jections, viii be carried to the Supreme Court The
Jury found that there was negligence IN allowing
Frazer to fall overheard, but that by not stopping
10 pick him up the captain was guilty. Capt. San
ford gave bail Ia await the issue OF the effort 70 pro-
cure a new trial
Judge Nash presided with dignity aui courtesy.
The Judges of the Superior Court are almost As
much upon their good behavior" as If they were
dependent upon The chances of an election tor the
Court is h.bie 10 be abolished at any time when il
shall fail TO meet the popular approval. At this
time, when Judge Abbott has resigned, aud there
is every prospect that Judge Nelson viii be obliged
by .heaIh 10 follow suit, Il especially behO0Ses the
Judges to behave well. The Justices of the Su-
prtue Judicial Court are Under no such constrant.
fit Of the govt, an unfrendy east wind searching
out some Granny for the introduction of rheuma
item, viii put some Of them into lll-humor for
week, and the braSgrerie of the Chief-Jdstice is
chIOulc.
Az Cambridge on Monday, quite seens took
place between Judge Bigelow of the Supreme
Court aud B. +. Butler Of Lowell. Mr.. Butler,
who is associate counsel with Judge Abbott
in an important will case, bad cross examined
q witness at what the Judge deemed an
unnecessary length, and he intimated as
much. On the opening of the Court in the sitter.
neon, Mr.. Butler commenced again upon the witness,
or upon another. The Judge grew uneasy, and said,
"Mr. Butler, you have spent half an hour upon this
wtIess already" mo, your Honor" replied
Butler, 1.-THE Court has oLly been in session twenty
five minutes" This reply was not cslcul,ted to
restore Judge Beelow's good temper he said he did
not Ike Mr. Buffers manners; Mr.. Butler retorted
AN apology was demanded aud refused, and IS an
.lternstive Mr. Butler left the case. / believe,
however, that the affair has been pleasantly settled
between them.
The arrest of w. S. Tuckermsn for robbng the
mails mskss good deal Of talk People are gen.
erss very much ashamed Of Tuckerman. To be
SURE be had been convicted BY the Municipal Court
of smbezzling some ~. 900 from one OF the rail-