The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-01-23

ae voo - captures the next morning By tho federal
cruiser no ltne learned counso beloved that II would
be stated that that there wa shortness OF water
board tho Admiral but far that oonoerned tho
port except in Of tho most stringent and absolute
necessity ~ me case they were now nquirng into no
suoh necessity exned 2hers had been something said
some time before the capture about shnrnes OF
ter but there bad been fall Il rain and there shen
sufficient water Il was also stated that the water was
the water was good was usually found shpboard
and he thought that the jury would 10 Of opinion that this
would not 90 sufficient Justification for attempting 70
get into oiockAdsd port In regard 70 the sum TO whcA
the plaintiff would DO entitled he thought he could claim
the difference Of wages which would have been due 70
him the voyage had been completed and what he had
detailed had not taken place The Jury would also take
into consideration the detention Of plaintiff and the treat
ment he had received on board the American cruiser.
They could easily conceive what that treatment would be-
but the plaintiff would tell them that he i'll treated on
board the American frgae. He subsequently taken
70 New YORK. and thore acquitted and afterwards got
ahip home. but not for some time Taxing al tho cir.
cumsSnces Of the case into consideration he learned
counsel nopeo tne jury would give the palnin sucn
case.
Edward Mcdonald the plaintiff, was called and ia his
examination deposod 70 thefacts by Mr. Litter
The dispositions or . seaman board the Admiral,
named brennan, wero read and In the material points
they corroborative Of the evidence of the plaintiff
Thomas Edwards, seaman board the Admiral, was
called and corroborated the evidence OF the plaintiff
Cross examined by NJ. Deisntoa-when we were IN
together and said ", when the United states officers
had como deck" ken this man has come board
Prize psees .saoss nS 1e canaan t"rtSsr said
HI has tossed inside hSe, wwder the premce Of sp-
plsrs.s NE vita oil and sater declare is nsAas ssot
tAe witness stated that when he was
IN New York he did not reco!ecs sseng rooanA.ion
q os President Of the United States 20 the effect that
Edward Mcdonald the plaintiff Twas recalled and stated
s Or Is sd ne ssr thai
port Of Savannah was in state Of blockade.
Mr. Litter proposed 70 put in a evidence copy Of the
The learned Assessor objected "a the ground that what
the witness Aad seen IN re9 Ocn could na BE- recued
Mr.. Litter believed il could but would not press Il
after hat had fallen from the learned Assessor.
The evidence q James Brennan, (now absent from
before the Registrar OF the Court read. TWAS
armAory Of the evidence Of the previous witnesses.
This was tho for tho plaintiff.
Mr.. Deighton submitted that the plaintiff had not
proved his any Of the counts Of the declaration
lengthy legal argument followed, and at its concu-
the learned Assessor decided that there evidence
70 go TO the jury as to an Intention 70 violate the block
ade. 4
Mr. Dsghton declined to call witnesses, and
Mr. ltler addressed the jury on the evidence for the
plaintiff. conteoding that he had proved his case.
Mr. Deighton on behalf OF the defendants, followed
heightened address, contending that in every point tho
plaintiff had failed whether regarded the actual proof
Of blockade. the notification Of blockade the inontion
Of the defendants to violate the blockade He urged that
the captain bad been deceived by tho officer Of the Amer
cruiser who offered TO supply him with water and
then took his vessel as = prize
The learned Assessor said would be for the Jury TO
consider whether the captain OF tho vessel nteaded 70
break the blockade Of port that he could not lawfully
enter and IL he did attempt TO do would subject his
vessel 70 capture by begoren nation; and so, whe-
Their the captain had put himself in condition to perform
his contract with the plaintiff and by putting himself
in this position had thereby violated the contract the
plaintiff entitled to against the defendants
such As were and proper They would
was blockaded and wbother 1t was bis intention to break
it, The learned Assessor then recap,tulated the principal
points OF the evidence, remarkng that the jury would
consider il and give their verdict accordingly
The Jury returned verdict for the plaintiff for Gao 10s
leave being gvea 70 the defendants 70 move the Court Of
ExcheQaer. q.
Plus che. Ms~ah. sew Years Speech.
AE SLgssxs THx FkESOH PK0PLg. THE PRINCE ~
PERIAL AND THE AMY.
(Frota ihe PARA Nouitear, Jan. 81
The following Is the address which the Pope pro.
nounced whea receiving New Year's day the General.
In Chief aud STAFF Of theErench army OF occupatiQp
deeply touched With the kind wishes expressed BY the
Commands and am happy 10 having this opportunity OF
sgnyng ny gratitude for the msso you here perform
6elds Of battle by its discipline during peace.
Allow me, however, to say that its most noble title to
glory 70 dsieua the Vicar Jesus Christ against his
in the possession Of tho territories which remain
T. him. Yoa are here 70 support tho rights
sancaed BY the death OF many martyrs, and where
the Vicar OF Jesus Christ has always received the
OF God l. unworthy am do at this monent3
in the midst Of the attacks Of His enemies What
enemies desire is 10 destroy the Popes authority to
overthrow his throne, 10 make Rome the capital OF L
know not what kingdom, and, after having done away
with the temporal power, TO attack even the spiritual
authority. But you here, my children 10 keep in
God created the ocean He told the that they might
reach the the shore but should not 70 beyond
them. You like those rocks; here TO say TO
those bitter enemies who cast trouble over all
Italy, You shall not further; God has placed
arms rampant for His holy Church, and we viii! de-
to give you my paternai beneucti,n. I bless France,
your Emperor, and the imperial family AND particularly
the young boy oho attached 10 BY spiritual bond.
bless the whole French army. bless you and your
families all the epscopacy and the French clergy aud all
those millions OF Catholics who testify so much love for
and make such generous Efforts for the defence OF
cause. Why can not also bless my enemesy Let those
who strive against me think Of the history OF the pa
triarch Jacob who after having wrestled all night with
unknown adversary at sunrise that his antago.
mist angel, and falling on hs knees said, "Yoi
are my snge', ana viii not leave you usr yon have
not that they also struggle against angel May
they one day open their eyes 70 the truth raise my
hands and bless all my children in the name OF the
Father, the son and the Holy Ghost Amen.
The Prince or wales Annoyed as .
Sportsman and Landlord.
[Sandrnghsm tan III correspondence Of London Post
Considerable annoyance was caused TO his Royal High
ness yesterday afternoon by circumstance which led
to the abrupt termination OF the sport Hts Royal High
had been shooting with good for about three
hours and when about 20 shoot wood where large
rise OF game anticipated, it found that OF his
Royal Highness' tenants, Mr. Shernnghlm was rabbit
digging nst on the edge OF the wood This piece Of bad
taste caused his Royal Hghness much annoy that
he ut onSe minated his will TO have shooting
that day aud the royal party at returned TO the
hail. This morning his Royal Highness has been in
sultation with his agent and solicitor the subject
Personal Intelligence.
| r. Leavenworth St. Louis; ". w. Mead New Jersey
A. Horton c. G. Poor, Boston Col VIM Hathaway Port
| Even; A. II. Brown, A. McWiTliams. John McCrsery
Springfield H. are stopping at the Metropolitan Hotel
s D. Crane, Boston L. Pruyn Albany c. Fox, Connec
ticut; A. Austin, New YORK; j. r. Fry Philadelphia;
s. Rabbit, J. A. Crosby, ONO; Col ~ A. Miller. U. s. A.
u rnnk nuouA ~ Ett.kx An
| burn, are stopping at the 81. Nicholas Hotel.
Hon n. A. kisiey, Dunkirk; A. Gettey ana lady, Phs
delpha Col Paten, u :. N; Major @. A. Rice, Albany
" kellogg ana SOU Utea COL 4. ?. farsons, Troy =
r. !. Burton Cincinnati H. W. Gardner. Providence
Sawyer and lady Boston stopping at the Asto House