The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-27

light the progress Of negotiations entered upon by Lord
Covley. Only few days more OK expectation and we
pleasant apprehension that has weighed heavily during
the Lass two months upon the mind Of Europe.
s %
sometimes insenBibe, and which marrow minded per-
sons in their ridiculous PRIDE despiss u u not only a.
peace 10 necessary and proatable necessary 10 the
most cherished and enlightened interests Of the people
these that long peace guaraniees % us-more noble
fruits cannot fall 70 spring rom It's benign fertility Even
war did not strange IL u: germ the most su
ty has been benefited by war; make wish for
peace to our country as the condition and Of tho
| greatest blessings
The Case o. the Misses Gougenheim In San
| III Francisco.
| THE LIBEL DIsMlssED-rHE JUDGE COULD NOT SEE
THAT THE LADIES HAD BEEN MATERIALLY DA-
MAGKD.
We published some time since an abstract Of the pro-
ceedngs In the United States District Court in San Fran
CISCO in which the two actresses Josephine and
Adelaide Gougenheim had brought action against the cap
tain and nbced the bark Glimpse for neglect aud for
fixture OF contract in conveying them passengers from
Melbourne to San Francisco. The occupied tho at
teutos Of the court for number Of days and it's
cuson the Judge lengthy opinion the merits Of
the case the concluding portions Of which will be found
| annexed
Ihave thus reviewed at length the wearsome details Of
the various conversations attributed to the master With
the exception OF the conduct imputed TO him when leav
ing Nukaheeva they appear 70 have been remarks ad-
/ !"
which, far appears the beant frequouted
private conversations 10 his wife, which overhesr
by servant. The diligence with which these remlcks
have been collected and proved justes the inference
that they comprise all that the captain said during
S tnan , waen s % ss
tAbiish the habua cruelty oppression, insult, which
would be breach Of the implied spuatcns of his
tract will be more apparent when the testimony as to his
general conduct shall have been considered II is stated
by Mr. Bdy and Mr. Rossner and by other witnesses
that the captain treated belIant sister with marked
and that deck he always avored them by going the
other side OF the ship L is not presume Claimed that with
the feelings which evidently existed both sides the
Of the captains society deck his omission to visit
the hbellants cabin vas grievance Whatever may have
been his manner towards suerDgs that
could not have been great fol- occupied her
own and it was not until four five weeks after the
act sail that che came deck for the first time. From
Honolulu to this port ia admitted that there
thing in the captains manner language the sup
plies furnished lbeuan that affords slightest ground
for Complaint On the other hand CAPTAIN Wisemaa tes
titles that the captain not in the habit of using pro-
tame Language that his general ''aaabc aud
kind. No man went to him but he paid attention to him.
and listened to him." He also states that the captain
did not ba6tuay speak disrespecny OF beant aud her
sser ne naa no unkind feeling
that they heard them or OF them. He not in the
hAbi! Of speaking Of them" Green, the steward, test
the ibelant and her sister to give them every
thing board the ship for the sake of peace to deny
them nothing He would often ask how they WERE and
how they were Satisfied. His manner towards them was
very courteous, for habtualy he mild man, and he
could not be rude toa lady if be were to try More
house, Storage passenger, states that the captains
manner was "geotemany" so far rs he saw. He
was not strict enough with the sailors: is,
however evident that between the lbeant, her
sister, and Mr. Eddy On one side and the captain the
other very unpleasant state OF feeling existed Captain
Wiseinan himself in the Of examina nation states
that the captain may have shown some i'll feeling to-
wards them But he ados:-'They dd not treat MIN
with respect He felt like manhe felt like captain OF
ship" states that at Honolulu s'the iibelants
mannor and tho captain like thosc of
ing TO dog. Her general air aud manner were as If all
ar.
cepting as literally true this account evidently coored by
Green statement IL wholly without truth Mr. Eddy
attributes the altered of the the
sason he had with him. and to the fact that he mentioned
the contract If the expression OF the beant with
gard TO him reported TO him. ii affords at least
probable reason for his ceasDg notice her But there
circumstance which, however dsagreeabIe its de-
tails cannot, IN justice to the captain, be left unnoccd
1t appears that Mrs Dayton, the wife Of the captain,
was prematurely confined ABOUT three days out from
the Heads. Her state room communicated with the
cabin occupied by the libelant her SISTER Mr. Eddy,
and she requested TO be allowed the closet
attached 10 that cabin, instead OF being obliged to
to that used by all the cabin passengers This re-
quest refused by the belart and her siater-the
reason assigned being 'tha they had good right to
that closet to their cabin that they wouldn't allow
to IL. They wanted intercourse with oneh
After such refusal to such request it cannot surely be
seriously urged that the captain 10 blame because he
ceased to visit them and avoided their society
breach Of manners in those particulars could
be considered breach Of passenger contract. have
been unable to discover thai the captain in in
stance displayed in his acts any intention to annoy the
lbellant, or macousy To deprive her OF any thing which
the ship afforded. On the contrary whcne applied
he seems TO have acceded to all their wishes He ordered
as we have seen sheep to be killed on occasion-a
pig on anothersamon to be furnished them third.
He purchased AT Nuksheeva supply Of chickens excu-
svey for their USE aud when summoned to their cabin
to look at a supper which had been provided for them
be acknowledged that il unfit expressed his regret
and ordered the steward to light the fire in the
galley and provide properly for them. AT Honolulu
he laid in most abundant supplies, aud Mr.. Eddy
admits that from that port to this they had every
thing called for by their contract, and even more
The conversation Of the captain with Mr. Rossiter at
Horoun, though apparently construed by counsel as
admission Of his misconduct, to me, on the
ry to indicate disposition very different from that at
ribnied to him. Mr. kosster esLes that the captain said
to him, "tha he had bad his own troubles apart from
ship matters which no could properly appreciate but
hmsef-that he had suffered little from Ill hcafhthat
any thing unpleasant which had occurred had arisen
great measure from his peevshness and all ought
be forgotten" As the captain manner and conduct
from Honolulu TIED 70 have been uDexceptionabe
IL is to be regretted that this suggestion not adopted
On very careful consideration of the testimony
tas point, am OF opinion that the captain several
cnsons ndu ged in pecvsh, improper aud abusive
expressions with regard to the iibclants that such
deck, or IN conversation with his wife, in reference to
passengers situated as they were, viz: occupying
separate cabin aud having but little intercourse with
the rest OF the passengers, cannot be considered
| proving chat bis whole OF conduct was op-
press,ve and malicious, or that bis treatment Of
| the libelant habuay cruel insulting and tyran
meal, and that they insufficient to constitute
breach OF the passenger contract for which the vessel
liable With regard to the awning, 1t ia testified that the
captain refused on several occasions spread IT, aud
experts have stated that their opinion might have
hcen wholly or partially spread. II appears however
that on several oecaeons was spread circumstance
not consistent with the idea that the captain maicousy
refused 10 put up, In order 10 render the belant
comfortable Captain Wseman STATES in the most posi-
tive manner that the awning spread whenever II
practicable to do So and that ne heard any
plants OF the want Of IT, statement confirmed 10
degree by the fact that mention OF the captains
conduct in this respect made in the libel a. originally
Med II was only when the suerngs Of beant for want
OF an awning were alluded TO by Of the the
m q
and this cause OF complaint added list OF grev
ances The malicious refusal OF the master
so Obviously necessary to the comfort perhaps health
OF the after cabin passengers would have furnished
cause Of complaint far more substantial than the hasty
EXPRESSIONS or the refusal OF sugar for eonadcs which
are get forth in the libel The omission Of Is there
fore significant On the whole my opinion libel
| iDgly