The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-26
NEW YORK HERALD SATURDAY, JUNE 26, 1858.

went on say Dame the more formidable difouIty-viz
the measures taken BY the maserno doubt without the
knowledge OF LyAl, sun Co. letter written by Mr..
that would tsko them fully two days 10 give him
English translation OF the contract with the coolies and
he insisted the ship could not be despatched till Mon
day Qhe loth) The Spanish literal translation Of
the Chinese.
On the date of that note, the sth Mr.. Hitler made
minute to the effect that he had been board John
Calvin explained to the Chinese the purport Of the
agreement That thereupon large number OF the pas
ment Their objections appeared to be- confined to the
great length Of service TO the absence Of provision
for their passage back to Chu. and to their having
advance Of wages although In tho stated
that they had had an advance. Mr. Hitler went say
that he regretted 70 observe ameng the Chinese few
who In appearance were mere children.
Some Of the Chinese, no Doubt were exercising de-
cet in saying they had not had their advance wages
they had shipped with the full intention OF repudatns
led by the brokers. On the 18th Of March
Mr.. Hitler went board again, and took down the
other minute Of that date Mr. Hitler stated that all but
eighty three persisted in their refusal to proceed
ship, and that there appeared TO him but one Of two
courses to pursueeiher to require proof OF identity,
knowledge Of agreement, and receipt or money, TO
grant certificate for eighty three passengers only.
the first course were pursued he must hold the nvest
cation board, and obtain the cercation of officers
Macao where the agreements purported to have been
signed; because no went on TO say was known that
transferred to another. The cearance-thsy
had oil mad about dated the 9Th OF March,
board bound to ST. Helena and Hsvans The certificate
was dated the 1Nh-the clearance was dated the 9Th.
The ship proceeded to within few hours after
ceving that clearance From this date, the Attorney
General stated, until the arrival at Havana, there
blank in the documentary evidence. There arrived,
however, the attention Of the British Consul and after
wards the Home Government, drawn to the circum
stance o, the very frghtul mortality that had taken
Captain Thornhils letter to his owners was dated
Sepember 23 1856 and informed them Of his arrival at
Havaaa % the I'd OF that month"; after passage or Ill
days. that he arrived with yphus fever board the
ship AT placed in quarantine Besides Ill OF the
coolies eleven OF the had died the passage either
Of fever dysentery apasarcha the absence Of
opium. After leaving Aujer the ship encountered very
strong and adverse winds and they had anchor
in the Straits OF Sunda till April 15 during which period
plus fever broke out and by the time they reached
st. Helena, the 2Sth OF June (lc6 days from Hong
Kong), fhyfve coolies had died After leaving ST.
Helena they appeared to be much better but then
ssrcha on aud the strongest looking taken i'll
and Died off at days notice. On the 9th OF September
the ship obtained pra'iqus as many zen having aiea
2S5 leaving Hong Kong he, Captain rhornhi landed ITO
alive.
The Hon. Geo. Lyall, Esq, J. p, M. L. c., was then
sworn and in reply Mr.. Days questions stated that
be was part owner of the John Calvin before that
ship was lost Intended to send Sol passengers
in her. Mr.. Her spent the greater part Of three days
examining the passengers; deponent was win
sent TO co. the end OF the psrod mentioned Mr. said
IL bis duty TO land the passengers he felt dis
satisfied the treatment that had been displayed
wards them, but that he would not land them He hSd
interpreter with him who read the agreement to the
passengers. He said that although they denied IT, he be-
leved they had their pay. He said he was convinced
there intention to deraud They desired to aod
and be would not lot them He said he would give
ticate tina, the ship would carry sol but he would not
give il until the provisions put ON board He would
give passenger list for 81. replied in that shall
give instructions to the captain to go, and IL there any
Mr. Hitler replied for US to do as pleased; It
rested en- our responsibility told Mr. Mercer also of
ncation from the Emigration Officer TO the eff.c:
And the vetse went-she went in the daylight At h-st
there SOL but Mr. Hitler took out two three for
attempting to make disturbance aud he punished them.
The original list 10 my hands states 3l2, btt
not board. Ny idea Is that when kr. Hitler
wanted the to bis office, and to him
they refused to go-thst they seemed TO thlk he
going do something with them-thn Me Hitler thought
they might be changed and then reminded him Of tue
mornings arrangement to give certificate OF capacity
for sol, and a list for 81.
This closed the defendants ca AID the Attorney
raj about 70 speak when he checked by the Chief
Justice who, addressing the jury said, II they believed
Cap Tbornhs letter to be true was then MS duty TO
inform them that they must find verdict for the Gro
for that letter admitted that more passengers
board than the certificate o. the Emigration ON spec
fed and therefore, the had been iufringed the
penalty was clearly due. HIS lordshp dssented entirely
from what had fallen from Mr. Day regarding the law
the Gaze But whilst finding for the Crown said his lord
shp, nud that there ample for those
that board that the mortality the Of God,
and that the conduct OF the defendants throughout has
the government not TO enforce payment OF the bond But
you mus! 6nd q verdict for the Grown, gentlemen and
After snort consultation the foreman then said the
jury returned . verdict for the Grown, and that they
wahed 10 add they were satisfied every provision
made that could be made by the defendants for suitable
provision for all those on board.
And, asked the Attorney General, That the mortality
And, rcspon iei the Foreman, " The mortality was
the act OF Cod"
And, said Mr.. Day, rhA, the ship ". every way
Court-You have ample space" sufl,Ieucy Of
provisions ''act Of Cod VIVA. do you want moreS
Mr. Dsy-n your ordship viii allow me, will make
another suggestion 10 the jury will put In the shape
OF question: Did not the mortality arise from the
At,orpe, Gsners%I bsvs no o.sen 10 ,sst Su,
would ot be better 10 ask: Night the Master have
been mislcd by the act Of the Emsrsuon ofncer'
there action against Abe captain
Mr.. Dsy-And n deceived tho owners, TOO.
Attorney Gsneral-t would be well that In future the
Fmgraton Ocer were directed 10 exercise hs functions
by the strict letter OF the act.
Court-CeArly: you may add that to your verdict, gen
tlernen.
Foremar-we perfeclly concur with what your Lord
ship has stated.
Gourt-very well; then will 90 word IT,
"Apd the Emigration oascer by no, ordering the pas.
senser on, Of the ship may have misled the owners"
Registrar (i3o NJ -Gentlemen Of the jury-a tso
dollar ncte 70 esch-you are discharged
EDITORIAL COMMENT or THK FRIEND OF CHINA.
large portion OF space to-day occupied with the
above report We should be disposed 10 permit this
rori, which speaks for ITSELF to forth 10 the world
without word OF comment but tha, not disposed
70 permit "rstonas at home 10 think the recommenda-
uon 10 mercy. with which the trial concluded entirely
concurred In by colons at large We have noltken leave
OF altogether and but say that there does
not appear from FIRST 10 last word which, In
tmsion, 10 aid 10 excavation OF the conduct OF
the defendants. We csn hardly conceive more nsgrsnt
case.
In the -st place the ship herself had long been OF the
register OF "lereret' shipping, ana begging pur-
chaser here for Is insignificant sum as Goo out short
time before the contract entered Was this the
Kind Of vessel 70 such freight In Tell of
is being cruel 10 make matters by speaking Of
flrt CIV m foaltn NJ