New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-01
UNITED STATES CIRCUIT CoURT-BefOre Judge
SHIPMAN.
pnsTpONFNIENT Ol

the indictment against Brockway, on the ground 9I ts
alleged vieOusness containing more than one OHense
IA count he contendng that the lndctment ehagee III
In stating that defendant had forged $50 notes or pieces OF
paper 49,. ,,,... ,..uo 1oso,,b Pol,
merely an allegation tending to show the scd the real
ton Of one Of these notes which absorption followed the
allegation; it being necessary to describe the paper
that this had been the practice In his Office Tor some e
ExJudse Stuart Tejoned, contendng that the practice
In the DisTictAtOrney's Office was OF no moment ana
partcuary the article which was the subject of the
ofense. Indictment being good II It simply SET out tne
therefore void charged $50 offenses in one count
The Court oyerrued the motion saying ~ was s o s
nature the legal oense to the particular thing deseoe
that only one note had been described in the INDICTMENT
and only introduced in evidence and sent 10 the jury
with the indictment -, ...
saying that BrOckway had been led into the matter D
other parties and had since sincerely renented and fur
Brockway being asked II he had anything o 70 say ID
10 be sentenced until Monday doday) and was not pre-
pared ..-,.-, la tor sortonca until Monday at
Jonas Atkinson, confederate of Brockways and Ma
thane Oakley the latter convicted OF making counter
felt so cent fractional currency plate had the sentences
postponed until Monday today o.o .. p,oO,,,ro
Freeman the boy confederate OF BrOcbWay,
after being questioned by the Court by the Courts direc
ton withdrew his plea OF guilty, pleaded not guilty. ana
ADMISSION OF ROGER A. PRYOR TO PRACTICE.
Atnrey Roger PRYOR practitioner the bar Of the
supreme Court of this State and at one time Brgader
tco in ali the degrees in the U. S. Circuit Court.
us DISTRICT CoURT-Before Judge BLATcHFoRD.
The jury in the champagne case came INTO S ouIt
this morning at II o'clock and the foreman informed the
Court that they had not yet agreed but mat some Oh the
The Juror, with whom the refractory eleven VIII hot
ssreement would not be elected They then by direc
ton OF Court again retired TO renew their unsas
the Court their utter inability to agree and were dis
Thsy stood eleven for claimants and for the Gov
HIGHLY IMPORTANT SALVAGE CASE.
Joseph Forbes nd others sgt The Steamer MerTmse &e
This is a claim for salvage preferred by large
ment Of the United States army: The facts are as fol
lows The steamer Merrae left the port OF NewQreans
with cotton and troops On the morning OF saturday,
70 copei Ter TO put back for New-Oreans then
kome 200 miles distant. The water soon chOked the
which the leak gained rapidly and bye o'clock on Sunday
morning had fny extngushed the hre ana the engine
sonped Up 10 this the effort TO keep the vessel a0at
had been confined 10 baing from the engine room winch
had been done at rt by 1e crew. VINO mao Def g co
handing officer had called up until the labor had passed.
entirely into the hands of the soldiers The water how
c9ntinned 10 GAIN and was soon feet in the
hold At this time the master OF the steamer VINO APP
pears to be competent man. ana whose c0hduct 1oes
him credit informed the Major commanding the regiment
that the work Of bang must De made G Dy
the regiment. whereupOn the Major issued orders 70 or
ganize the regiment INTO two Teefs OF nNs companies
ZACH 10
done and in this under the immediate direction
of its officers and with military discipline, DalhB ny
hv bsTrls boisted by whip from two matches was
tnued by the regiment without nterInlssOh ana wlt1
such that the water was Kept nearly at slahu
still -. -,
In empyng the barrels and in the navigation OF the YES
sell she being then under SAIL but poorly equipped ior
that purpose, and unable TO nod her course upon
guns fired and rockets sent up in hopes TO bring her
to their assistance but without avail On Monday even
q
light, As miles of west OF the Mississippi bar The
weather then fair and the steamer came 20 anchor
In ten fathoms Of water, with the beach in plain sight
Soon after the lights OF Nesseb TeIe s u m tb U
steamer Morgan From this steamer the true position OF
s cured and at the request Of the master
tho Morgan lay by her during the night,
to%ed her up to the bar on which she at once
grounded at O'Clock Tuesday afternoon Up 70 tins hour
regiment directed by its officers without cessation night
Of DAY dae I o Without seep for three nights the
water gave out, and was only supplied by shower OF
rain which fell; regular meals were served, and the
men would drop asleep relieved, and were often
with difficulty reused again by Their Officers VINO Went
was 20 be put TO work When the vessel anchored at
mbaleer Light her position was mR6 6 , to her mas
ter, but the beach was IN plain sgt ana Wie az SOr
the water smooth. so that the steamer could nave
been then beached ana the men SOa 1a "a ebsSd6S S
but on the contrary the Major stationed guards at te
boats 70 Ppnd s men we're kept bangthe regiment
working with the regularity OF machine, and so far as
he engine which had been stopped by the water only
stoppnR when the steamer reached place OF SAFETY on
the bar, within rcaeh OF inc steam pumps whence sne
BeneGIct Ut cannot be disputed that this valuable
steamer with her cargo in position OF very great
PERIL from which IT rescued by severe and exhaust
Ing labor performed by the beaHs but, while the SER
vice IA admitted IL is cOntended that tho case Is not one
where salvage can be awarded
Tho main objection OF which have been ably pre-
sencd in behalf OF the claimants Is, That the persons
who performed the service Ia question were passengers,
and that the service consisted OF ordinary aoT
within the line Of the duty which, as passengers they
owed 10 the ship To this objection II is answered by be
other side that the circumstances attending the rendition
Of the service extraordinary and the labor per-
formed was not such included In passengers duty
and further, that the hbelants were not passengers
within the meaning Of the rules regarding salvage me
from seven TO ten feet OF water her hold kept
soat FOR the space four days and three nights by the
process Of handbaiing, is undoubtedly an e1traord.
circumstances that this large number OF men were Kept
constantly at work, and with great efficiency by the
powerful aid OF nilaiy discipline Jualcousy but 1Tmy
applied by the officers OF the regiment but IL may admit
of doubt whether the circumstances such TO
change tho character OF the service, and take IL out Of
the category Of ordinary labor when Is sad may pc
danger The determination Of this question sunneces
cary the present nasmuch as am OF the opinion
that the lDeants did not sustain that relation TO TINS
steamer which is designated by the word passenger ia
the rules applied 10 salvage demands The reason OF the
rule question indicates the class OF persons to wehet
relates passengers not allowed salvage reward for
ordinary labor performed by them in saving their
ship because such labor is made the duty Of the
senger by the prGexsting contract under which he
tfanifestly such duty the liability OF which, and the
extent OF which must vary according 70 the yoyagethe
character and outfit OF tho vessel the competency OF her
master and many other like circumstances peculiar TO
each only arise ont Of q voluntary agreement
The duty rests in contract a"coyenaned allegiance
the preEystiug covenant spoken OF by Lord StOWelL
The Nepture Hogg 25G) This being 80, am unable 10
500 how the Delans are " DO considered ~ within the