The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-22

~. Ooutuey-l cannot control the a6con q Ne Oom-
Judge Nslson-I don't think thers should b any more
arrests TIL The question is decided BY the courts
sion covers I'll The questions involved N the new law
Judge Nelson-Thers u NO doubt about II at all ha-
pears to the simplest way Is 70 take the
settled way the other and there win be no
tronbs about T. In the meantime the District Attorney
matter and am sure aer that no more arrests will be
attempted.
The discussion ON ths point Il issue then closed.
Important 10 Firomen Serving ON steamers
In This Port.
Alfred 8cuersby d al ~. The StedSsAip Republic and
Rseu istvsis and Oers--The hbehants in this case,
ave in number shipped the 9th Of May, 1895 as re
men tho steamship Republic, and signed articles for
the voyage from New York to New Orleans and back to
this port at 500 per month They we're informed the
day after making the agreement by the chief engineer
that he had orders from the captain TO discharge them
unless they agreed to have their wages reduced TO sos
per month. They, however, left the vessel, refusing
to work for . sum lees than that for which they
had sivned articlea On the following morning
application was made by them TO the engineer
70 know whether any different instructions had been
given by the master OF the vessel ana shey
informed that the previous orders were decisive
After leaving the ship they lbecd her for wages and
charged The nbeIlants wers examined before Com.
missioner Belts after which thev again rendered their
the counsel who appeared for the master and owners
On the trial tho chief engineer testified a. TO having had
positive orders fom the captain fSr the e. course
tain denied Tho owners claimed that their
leaving by direction Of the chief engineer
shipping aicies from any liability; and further that
that ocer had right 10 discharge the men. Judge
in this port had the right to hire and discharge those
who labored in their department on such vessels the
chief engineer being the most competent judge OF The
vyAe, Ind
In accordance Herewith from which the owners
appealed the United States Circuit Court Judge Nell
son. before whom the case was argued yesterday, re-
served his decision.
The Capture and Destruction Of the Tycoon
by the AIabama.-An Insurance Casc-Motion
for n New Trial.
John Godtrey o.. Sun Mutual 1Msuyancs Company -
The reopenIng OF this was on motion for new
trial the part Of the plaintiff, against whom verdict
returned on the previous trial. Tho declaration
the Is two policies Of insurance. dated Juno "a,
1se4one on the bark Tycoon the other her freight
and scts forth that by the policy the vessel the de-
PENDANTS insure tho plaintiffs loss PAYABLE TO him. lost
or NOT lost, at and from New York to San Fran.
cisco. for tho sum OF $4,000, on the
bark nsr & ony Ss
or revolving States ofsTho United States The dsI4nd.
assumps, TO which added . special notice, in sub
hat the policies OF insurance on the Tycoon and
her freight were ODtAneU f ~ ALL ny the ITauo OF the
plaintiff and by the suppression and c0ncealment by
him from them Of material facts and circumstances
which produced the impression, or excited the apprehsn
sion that At the time the policies applied for the
Tycoon had already been lost by the peril against
which indemnity had been sought by the policies; that
before application made for the policies OF the
small boats Of the Tycoon with her stamped upon
IT, and bearing indications Of having been subjected TO
the action of re had been picked up at and carried
into the port Of New Bedford, and that this fact had
come TO the knowledge Of the pant before he applied
70 the defendants for tho said policies OF Insurance. and
that he concealed the fact from the defendants, they
themselves being ignorant Of the same, which, II they
had known, would have prevented them from becoming
insurers OF tho said bark Tycoon her freight The
testimony the former trial showed that the 27h
OF April the bark Tycoon captured, and together
with her entire freight, destroyed by tho
and her crew made prisoners OF war and carried
into Cherbourg in France; that the Tycoon started
her voyage from tho port Of New York on the 10th
OF March, captured and destroyed on the 9th OF
April and the insurance affected on the Oath OF June
The question thep submitted 10 tho Jury Whether
not the plaintiff was the possession OF knowledge
Of facts in relation 10 the vessel at the time OF The In
surance, which were important and material In esti-
mating the risk and in liking the proper compensation
rate therefor and which he concealed neglected TO
dsclore to the company The jury thcn found for the
defendants The case Is second Time before the
court motion for a new trial. objections 70 Judge
Nelson's charge The motion argued for the plain
tits by Mr. Calvin O. Child and for defendants by Mr.
Choate.