The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-21
SUPREME cp0sf- clRculr-pMr 2.

Action by q Sailors Boarding House Keeper
e Recover Claim Transferred to Hin BY
seamen- Allegation Of Illicit EpicurenhisNi
usaiust the "Tars.v ~
Before judge Mullen and jury
Cha,la Heunkind rs William w. TaPscot- The de-
,endan In this action the Of the ship Persc
verance, and on the 9th day Of December, 1854, as
alleged In the complaint shipped board his vessel five
seamen named respectively John Schumacher, Frank
Davis, Heinrich Bergen Fritz Hers and Jacob Schak.
ovsky, for . voyage from New York TO Lcghorn, Tus
cany and return at t35 per month each. The vessel
performed the voyage and the mariners returned with
her 10 this port and discharged o. the 18th OF
jane 1896 Al the time OF their dismissal there re-
nined due to The re sailors the sum OF St9l for SER
vices rendered during the Trip they having received on
account 1t various amounts rom the mnster OF the
vessel On or about the 10Th OF June, 1865, they
transferred their claim for the balance due them 10
house IN this oily, and Who now seeks to recover the
sum Of S69l with interest from June l3 1865, from the
OF the vessel tho defendant The answer rebuls
the alterations that the served ~ mariners on
board the ship performed the duties Of SUCH that
they were discharged from tho vessel and also de-
alleges that while lie ship lay Il Leghorn or on tho voy
age from that port 70 New York. the sailors ebezzIed
or II some manner made away with piece Of statuary
and ave boxes citron Of the value SIS g. making
a total or 81 07o So and claims 70 Offset and recoup
ssa.nss them. The evidence went 10 show
that these articles were missing from the cargo,
aud on one occasion Berger and Davis were
econ 70 bring canvas bag about two iest IN
IL was Inferred that II contained box OF citron This
bag with It's contents, passed 10 Schumacher and BY
him taken into the sorecAste, where, presumed, the
'tarso had opportunity OF making themselves
acquainted with tho flavor Of this highly aromatic and
delicious Italian fruit The marble bust alleged TO have
been missed thought 70 have been taken from the
vessels held while Lcghorn, for tho purpose Of soil
Ing H. and TO have been thrown overheard 10 avoid de-
lection After hearing the tho Judge charged the
Jury citing rules for their consideration from the sd
maity laws, In which Ia held upon the question OF
contribution, that any portion OF the cargo Of avessci
sponsbie Tor it. that i the voyage, and after having
lett port the whole liable for the value OF tho
goods lost, and ordered the Jury TO rcurn sealed
verdict to-day. For the PLAINTIFF Staknccht and Hall
for the defendant ". W. Niles and A. o. saeE
John Chinaman, In INSTRUMENTATION 90
Recover Attorneys Fces.
james Ridgcdv John Ased, alias John Ar-en. This
was action by attorney recover the OF ssS So
being the amount OF fees alleged have been due him
by the defendant, who Is native OF the Celestial
pre-, bat now resident OF this city. The claim
preferred Tor services rendered By the plain
TIA IN collecting leos for the defendan witness
the United States IN some proceedings Instituted by the
govefnnent against other pAres The defence set up
| guage not such TO enable him fylly to compre.
bend the nature OF the agreement he making and
that the fees might have been collected by United
States Marshal without expense 70 the defendant In
charging The jury the Cour remarked tina, was not
competent because fees might have been cot
lcced without charge for the defendant the plaintiff was
not Justified IN undertaking 10 collect them for him Tho
ury returned verdict Cor the defendant For tho de.
fendsnt O. v Niicr; for the plaintiff the plaintiff in
person