New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-01

p9dop
Mr. JoscSmS.op for the priscper sid he could make no
regard to withdrawing the plea but that probably the
| woud be glad TO avoid the th, for their lives
The Judge said be did consider himself at al responsible
for cry action that the District Attorney might regard "a MS
tke In but he should acquesce Ia sag
etDs the District might make upon the subject
Tie question belonged the District Attorneys department.
alone He knew nothing about the and had no opioi
about It. except the confidence he expressed In the judgment and
propIietJ of the action Of the District Attorney
Judge Roosevelt the Dsti Attornsy, said II nigh. be as
consistent with this whole subject well that this city
believed to be the head and front Of the ssvesde aud We
should have power induce parties to give information Ia rea
the fitting Of these slave expeditions here This in
formation could be given BY prisoners without any danger to
themselves for nothing they could say would make their case
any " already Hthese would give this in
fomson could be Of much service to the Govern
mt Il an BY hanging them.
The matter here dropped and the prisoners viii probaoy
plead OIL Thursday.
INDICTMENTS.
The Grand Jury presented indictments against the
Hcrsso Morton, for ieloriou as,uult at sea,
Jecob and James LOTUS for endeayons 70 create
The prisoners not guilty and thetrals were SCI down
foI neat Monday.
REyHEUE-PRoTEST.
Greene Bronson administrator sgt John Boxer g. a.
NELSON, G. 1.-THE principal question IN this case
g. the protest sufficiently explicit within the
requirement Of the act Coosess Tbs words ae that before
inc tS him. % ' Ii. ssD, setting h p
codiy grounds objection to The payment Of the duties
were held sufficient to take objrOr the tidal that the ap
Pae bad not made the proper examination Of the goods from
not sby and faithfully examined by the sppraissrs"
the samples upon which superintendent made had bsen
the cks aud exposed for time TO ths air ad
value The nSory of The Judges were opinion pro-
te,t sufficiently specific TO cover this 1oJecl0n
to =. 'hs P5Tssis Of liquor and the is
nation defective in not Examining ;s%ps: from the ss.'os
ssn pies at all examined by the opprsi.tH
The cords the protest. hca claimed to cover the OBJ
lection axe be- euse the appraiser had not used employed
sufficient made sufficient examination oil SAID
brandies " to determine their value
II may dcslt distinguish this 50 fax az the suici
ency protect concerned fom the case above rsi,irgd
10 but words in the ec found could eford out little
information to the Coe;tor Of the real gound o. ts
They found among mass Of objections every
soe sheet. Of ooiscp Certainly the CosctO De OBJ
sd to over the entire process earring good ,e
countless objections enumerated on this paper Inc pro
te without reference to any pecc
objection but with vew to hit that might happen In the
We think the parture from strict construction Of the act in
the above TO has led 10 geGeIa aad indefinite
Of the objections and that may be necessary Tor
Cor to iniepose and correct this a6use ., A.. la,
The trial this embsrrrd on aocoun; Of the S los
Of &c BE- sDs csa Is the oGd the
went Of the proper preparation Of the defense ,be sova,o
ndn TO TIh the proper evidence II in heir power but it
nu.tbe payment OF the costs oil the last ocu
APPEAL IN ADMIRALTY-cHARTER PARTf-LiES.
Robert L.ta sgt The Cargo Of the ship Hemitase'
NELSON, G.. J.-Ihe libel was HE'D IN tnis case IN
ram ass;n The cargo Of the vessel 10 recover freight under
haeptp spsMes Abrsncbes Aineds Co.. merchants
II, employ the vessel from the port New 9rs 70 the
with the privilege Of continuing the voyage for year The
.eep the vessel vel hsd pe1' scS ,Ss
voysge excepting captain crew. and poyi.lons qua '' ne
whole vessel with the exception te cap .n o us onae
sail cables should be at the use and disposal ne
hoard then ffon and the also bound him
receive board the vessel dung the voyage
good. and merchandise as the char'rrt might think proper
to ship.
The ch.rers engaged their part to provide the vessel t
S H. oyg 4o DER month scd Ill foreigu and ionesi:
pc charge &c payable follows 500 at tue expiration Of
s sss lou The ohsrtss to when dus
reported to aud .hen the vessel sh, nave
for the fus%ent 81 the several spGaou party bound
oher the the ship and TACKLE the other the
The eSeo WAS put on board this by the char
voy ss question upon the construction OF her charter
rather 10 respect to tn night Of the ehaefe u.ns, h
lsr csimilg the cabin for OF psene 70 oe
received board which denied by the owner ana
~ o on With he chatter party This libel hed
fright for The use Of the for the time engaged and dam
t s1s dce n s Within that where nothing
has dOre under chatter Of the vessel that no sSon
be hen upon The ,se or sssq 5~ @ n on e
psr Of the the chee there be no Procsed
ng against vessel cargo As no lien has or n
upon the very terms between the parties the
board the vessel,
all attached they taken on board and 50 M as
m, form Of the remedy concerned is the as tne
voyage had the chneEeIs other point
ia the the after the vessel had been OUT week.
moth, or longer.
The real QUE stion therefore in the h WHISTLER the claim
up by the put on board 20 occupy
the cabin was founded itw then the refusal was
b of charter the chatere had ght 10 put
end 10 the contract not they In fault aud the cargo Is
cbareeabie for freight and damages
Nov the charter, which is speciaI ana Wehos~n
instrument clear readily Understood In every part OF H. IN
terms reserves the cabin IL insisted however, that TINS Is
taAe AID is inconsistent with ether parts OF the stIs neht
and hs whou the the cabin to the chatteei the
sac could not be peormee, aud thus tue Reservation "'
| defect the contract -, 49, -. a..
but II there had been any mstke in the chaItet or rs
term do not the parties there Ia another
mode OF settling que than calling the Court In TINS
to disregard its clear aud understood msannS
th.t proceeding to reform the contsct Anu as
10 the objection words OF the charter woud ec
sary defeat the whole object OF and purpose oil the paIe
consequence we
not hni the ryaon necessarily excludes the master from
cabin although he to be appointed by the
he I'm qualified the master OF the owner Tue owner
perform IN to the vessel and ne OF
appropriately belonging to the naser IN
| speeisly concerned.
In our construction TIE charter the possession OF the vessel
was not exclusively the caerers not as admitted y
the OF the instrument nor necessarily 20 IN my
meut ding the pup the voyage This -
our view upon words used by the parties 70 tue coha
we must them IN endeavong t. ASCERTAIN ths
As poets the men upon the on board the che
upon the vessel the preach oil the Hao oe
Oh the pait Il the owner =, f.
The decree below and decree for belant with eier
ence to Clerk ascertain the freight and damages
COURT CALENDAR-rHn DAT. o
SUPREME CoURT-CIRcUIT-Par ll.-Nos. lZiS,
1885, 1885, 100 1902 1854 1885, 1863 $780, 7o2 l76 l7S5 V
l7s2 1894, 1896 1900. 1902, 1905 1908.