The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-10

DAMAGES AGAINST THE coMhIs si o. IsRs cF YNIGRA
1ioA FOR THE LOSS OF AN EAiGkANT's PROPER
Tf-How STRANGERS ARE TgEArED OK THErE
ARRIVAL.

DAMAGES AGAINST THE ceMAIss ioNEes oF yHIgRA.
TioA FOR THE LOSS or AN EsuGkANrs PROPER
low STRANGERS ARE TEEArEv OK THEIR
Before Hon. Judge Daily.
NOV. o-Ths was an action 10 recover the sum OF 2f0
soYere'sns, and the value Of a gold watch two gold
chains six dresses, Ind OTHER valuable articles the pro
peTsy Of plaintiff alleged 10 have been 10y the nosl-
sence OF the defendants her landing this city Fl ON
The county KILKENNY ireland, in August 1857. II ap-
peared from tho testimony adduced for the plaintiff that
she is widow, and her arrival in this country some
fourteen months ago had three trunks or which she 70
eted three checks she left her baggage at Castle
fer ono day when she called dy was refused her
she then, IN her simplicity, kai she waited OF the
uunhs, as there was money IN IT. she then told to
come again, and when sho came, days afterwards,
Two Oh the packages were given 10 her, but the thirds
bog-she could not get.
The plaintiff dcposcd tba, she arrived hero in August,
1867, in the American snip Ontario she brought three
chests of luggage with her tugboat came
ship; two gentlemen put three checks the boxes and
gave her the checks she was second cabin passenger
her luggage put board tho ,ughoa. and ne sa
ii again until she got her trunks the next morung
after her arrival called the storekceper Of Castle
Garden and ass cd linn il she could her money out Of
her trunk. he kci me how much had; told him $40
sovereigns he told me could not get my trunk II
not gong out Of town until after those who gong
away bad got theirs; when went again my two black
trunks were produced, and old chest which would
not have; the man gave me back my third check, ant
went again. Mr. Kennedy (then superintendent Of Castle
Carden) took a"ay my check and would not give to
me; Dir. Kennedy put me out, and said, = have tho
check, and youh get il tho police ciccr told him
TO give to me- Mr.. kennouy said that might 90 tc
ID gave him the check IN hopes that he would get the
trunk for mt; never got the third trunk or the
check since; Mr. Kennedy refused TO give back, but
gave FOR II; he (kennedy) put is hand my
back and pushed out. (The witness detailed tho list
Of articles in the trunk with the 24o soyereigns
The theory Of the defence set up by Mr. j. Y, Dcvln
was that there was no money in the trunk and that If
there were any grounds Of action the railway companies
and their at Castle Garden the responsible
persons,
Nf. J. A. Kennedy examined and admitted that the
plaintiff presented the check for the trunk bit that
emigrants, he expressed doubt or any money being IN
the Gn she sa!G when Lcr husband died he iet
sovcregns il bank, and thai she drew cu To
this country; he asked e. her bik books aud she
showed them, but appeared, by them that she hal
drawn the money out II different times
The Judge, IA changing the jury, alluded to the conduct
o. Mr.. Kennedy. IL said that f the Testimony oil the
pantn were true, las conduct IN the discharge OF his
duties MS public officer certainly not entitled 10
meDdaon, II The statement OF the plaintiff tu., Ii
not only reflected credit upon sir Kennedy bu might
well bring discrcft upon the pablo Institutions Of til.
country Tor was conduct that stranger, under SINH
lar circumstances would expect 10 receive his arri
val, even from tho officials OF despotic government
As 10 the liability of the defendants, the Court Charged
that the Jury believed that the their pos
session, and not returned TO the painf. the Com
mlssoners OF Emigration were liable for tie loss The
authorities had given them entire control the
grants and Their baggage and they are responsible fo
any losses that may he sustained through tler nceli
gcncc; and the Law prcsuncs negligence, until the
uary j. shown, where the article III iost wh!c their
possession.
Verdict for plaintiff 81 1888 -3, being the amount OF The
soyefeigos and ARTICLES IL the trunk.