The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-20
Our Int State RelatIOms.
GOVERNOR PICKENs OF SOUTH CAROLINA SUES
FOR LOST BAGGAGE.
MA


Before Hon. Judge Mccarthy.
NARcH 10 -Froncis w. Pickens rs. The North Aaonsie
Steamship ComponyThe planin In this case s Governor
Of South Carolna and sues 10 $3.50 the value Of
baggage containing wearing apparel and musical nstru
ment, which, II s alleged, were lost through the nes
gence Of the defendants agents.
The defeDdents deny the allegation Of negligence Il sp
pears, from the statement Of plaintiff COUNSEL that the
baggage OF the Southern Governor paced charge Of
colored porter attached 10 tho steamer Adratic in
which the plaintiff and hts family returned frem Europs
UpD the arrival o the vessel the coored porter al
reced 70 bring tho baggage 10 the Fifth avenue Hotel
where Governor Pickens stopped for south CAro
lima on his return from Russia, where he had been
Nj. d. b. Taylor, counsel for Governor Pick
ems, read the oepositions OF plaintiff (under
the exception Of Mr. Aroque for the defsnc Governor
pckeps states that he sailed the SOUTH
ampor on the 10Th October 1890 and tha; at HAvre be
placed board several articles Of wearing apparel
scl box and toys amounting 10 about &2s0 did not
receive them when he arrived at New York he saw al
the articles on board and saw thcm given In charge Of
the colored porter Mr. Laroque claimed that the case
was very ordinary one Notwithstanding the status Of
the rayes BY the evidence y did not appear that the
Governor had acted towards the company with that hh
degrto Of courtesy which WAS extended by gentlemen in
his capacity. Nocaim was ever made upon the defend
ants till the service Of the summons upon tbem. He
contended that tho painti could any not re-
cover for the musical box inasmuch that was
brought over must be broush, over as Freight But a
he was instructed 10 cay tho musical box was
seen on board. IL part Of the business of the
company 10 employ porter TO carry tho bagzge from
tho vessel TO tho hotel The duty Of the porter only
board and not elsewhere rnc porter Was loaned 70
the plaintiff by Captain Constock, but the risk Of
the company. They would however, produce The ships
porter who would chow that subsequently Governor
Pckeus took the articles from the porter and them
in charge Of the Despatch agent and the Governor body
servant.
Captain Constock for the defence, testified that he
had any musical box board be told tho Cover
that the porter perfectly responsible paxy did
not any Of The bag. after the vessel came W this
port the porters receive the passongers'
baggage and take cbuge Of all that In the passen.
gers rooms; had a conversation with Nr. Taylor, who
told witness that tho musical box thirty odd
dollars.
Cross. cxamincd- Did not any musical instrnmcp,
on board great ~ those instrurnants could be
packed away without w'tness percelvng them; u had
been agreed between wiiness AMI counsel that tims
should be allowed to search for tho articles which was
done the plaintiff came down aud asked the captain 70
prter could not be found he thu porter for hs rs
time Friday last though he (he vrter) had BEEN in
the companys service ever sico the Adratio was aid
up ~ Dext vuy-ge.
Other testimony was given TO show that the bassaee
was given INTO the cnstoc " of the coored man.
Judge Mccarthy charged the jury that the case was
simply question Of tct. they found that the eoofs
were placed board the defepdants' vessel and had
been received by their authorized servants the plaintiff
gas entitled 70 recover. they believed that the
pany Ind ccsived the goods, ann had conveyed them IA
safety 10 tho plaintiff SCENTS then the defendants could
not be held liable FOR the loss.
After an absence of two hours The Jury brought u
verdict for the defendants.