New-York tribune., 1867-02-05
UNITED STATES COMMISSIONERS OFFICE-FEB.
Before Commissioner OSBORN.
DISCHARGE or THE ALLEGED MUTINEERs.
United States sgt. Charles Kelly and Eve Others.


DISCHARGE OF THE ALLEGED MUTINEERs
United States sg. Charlie, Kelly and Eve others
This case was finally disposed Of. There were two
previous hearings, which were reported in our columns
Alfred Neal and were charged with mutny, in rising and
taking possession OF the vessel while on her late passage
from Ragged Island West indies to this port. Their
counsel moved for the dismissal of the complaint
Saturday. and the Commissioner took the matter into
consideration discharging the men In the mean time on
their own srecOgnizances. This morning the Commits
sioner discharged the defendants. In dschargng them
orally in favor OF the captain 1t is the crews duty to
obey but at the time the captain should thoroughly
prOvisions-life being more important than property
Your testimony as to short supply OF provlslons Is
considering the quantity Of provisions board the
distance from land and the captains unness you were
iustifedn your action. The captain had been valnly
demonstrated with not to shorten sail You seem to nave
had evil design, your motive being good one DO
which that ternis generally used DO not howeyerset
this encourage you to foster mutlnous split ~ on
In an extreme case like this where the captains iBnor
ance and peryeseness endanger the e OF his crew. that
actions like yours be justified You are discharged
ALLEGED ILLEGAL oBTAINMENT AND orhNlN" "f
United States agt John Barrett
The defendant is o salesman In LlttleS hardware
store at No 50 Fuont He Is charged with having re-
ceived letter last November from lettercarrier which
with snbseq opening it. The evidence for defend
ant showed that the letter was left on Dr Lttes desk
Opened When finding it was not for him he put it his
desk with the intention OF sending it TO the proper ad
he sought out John Barrett and surrendered the letter
to him. IL claimed by complainant that the letter
that defendant had informed him compainant that as
that the he thought the party referred TO would
the defendant emphatcally denied. The Commissioners
decdedhat the facts transpring after the letters dev
one whether the letter having left the custody Of the
United States, the defendanf guilty Of opening 4 could
matter should be disposed OF In tho local courts; or,
suit brought by complainant In the United states
ernmen for the careessness Of its agent the ettercar
rier Tho Commissioner will render his decision this
%ssisant United States DstrictAttoney Phelps
for the Government ID. c. Brdsah for defendant.
SUPREME CoURT-GESERAL TERM-FEB. 4-Before
Justices LEONARD. CLERKB and .INGRAHAM.
DECISIONS.
Case heard at November Term by Justices lngra-
ham. Cerke and Barnard
orSav a, Sigyn cen ags; ine rino hg arnayS
Gases heard by Justices Clerke Mulin and Ingraham
affirmed with Opinion By cerke j. Muin J. DIS
'oisns Ferns: ast acknowledgement affirmed with costs
'" Fredk L. ydlS ct al agt D. r. Martin ct al-Decreo
ted to Surrogate with directions that another accounting
be had. Opinion by Mqllin. j. c.,.., ,,.
Chas. 8. Brett agt. Israel II. Cotton ct al-Judgment
affirmed with costs Opinion by Mullin, j. Clerke, j.
EGwapf Matthews sgt John B. Hobby-Juagment re-
yesed and new trial ordered costs to abide event Opn
TrodK Mead sgt. Pacific Coal Co-orer reversed with
costs and order made corresponding with opinion Opn-
'' Charles GOODYEAR agt Tho 'Phenix Rubber Co Tho
Tribune Association agt The Mayor. &c-Orders affirmed
with costs Opinions by mgraham. j.
Benz. Markset al agt Benz. g. GLyddon-Order affirmed
with costs. opinion by Leonard, j.
The National Bank q the Metropolis OCT orcutt Order
aTInpS Tbn PcoSie Ss at % reversed
A. +. Lang agt. Geo. d. Bulen.-order affirmed with
Rawsoa r's sst Penn Railroad co-Judsment affirmed
with costs. opinion by Clerkc j..
affirmed with costs. Opinion by Ingrahain. j.
Joseph elliott agt Richard Esterorook ct al-Judg-
nent Alarmed with costs. Opinion by Leonard, J., In
S'N''''' sTRErr OPENINGS.
mssionors OF Estimate and Assessment in the ater Of
opening seventysecondst. from Fourth to Tehthaves,
objections thereto having been Withdrawn The court
An application adjourn the matter Of opening Avenue
70 the next term granted and the court adjourned
MOTHS OF GENBRtL TYRM-DkCIsioys-Tng TAX LEVY OF
l365-NO Jlp0NlENfS 10 Bh OBTAINED AGAINST TIE
CTT wl1n9TT AS, Az Az Arrh9FEAfIoS TO MEET TIE
Ths Tribune Assoyiston ayt. the Mayor, &c
This wag claim for advertising for the city prior
done and the money due hut no appropriation remained
Hpended in the hands OF the Controller TO pay It, The
that the act did not apply TO actions commenced
before It's passage The iuotion denied, and the
pain appealed. Mr. Justice Ingraham holds that the
applies not actions but 10 Judgments and hence
Judgment be recovered against the city for any claim
that the amount h be recovered I'm said Judgment
stu remons uneKpcndedin in the City Treasury &c Order
Affirmed Mr. Justice Cerke concurs III the conclusion
on other grounds
MARRIED wOsuN's RiGHTs-LrABHITY OF RAILROAD
CoNPANIES--AN IMPORTANT DECISION.
RAuson sgt the PennsylTAnia Railroad Conpsuy
The argument IN this case, which Is an important
one WAS reported quite fully In IIE TRIBUNE The case
aroseOut OF claim for upward Of $1,000 for baggage OF
the plaintiff included her wearing apparel and
SOME jewery lost by collision on the PENNSYLVANIA Rail
road The Jury below rendered verdict for the plaintiff
for the full amount Of her clam. Tho defendant ap
pealed the points taken on the argument being that
wifes paraphernalia jewels and wearing apparel
the gift other husband remained his property aud tho
husband the proper person to bring smt that tho
ticket for the Central ~ j. Road: sold to her by their
agent at the same time as the ticket which was sold for
their own road which they claimed was contract De,
tween the plaintiff and defendants that the latter should
not be liable beyond q certain sum.
n further claimed that the placing OF such vau-
able baggage IN the charge OF the defendants without
estopped the plaintiff from recovery.
Mr. Justice Clerke has delivered the opinion OF the
General Term these points aud decides that under the
OF 1862 which struck out Of the act OF 1860
the exception OF gus from the husband the wife can
receive her paiaphcrnad from her husband "a gift,
subject TO the rights OF creditors and having received
thcm for them or their yalne As To the second
point ne denies that Rsroad Companies subject to
the same responsibility which the law has always nm
posed common carriers and are therefore insurers OF
portaton except against accidents. which human
prudence arrest control" II is distinctly sctted
IN this State that they may limit this responsibility "by
voluntary contrac-the owner OF the goods the passc
ger voluntarily and for valuable consideration waving
MS llgnt W HtJ '"''HOt 20 SO W. tV"0
placed on ticket, eerhere ichen such notice is
brought 10 He boriedge Of those rhoe persons or rhOse
property hey Sndfoke 10 carry Iii the case before us
there such contract nor was there any notice on
the tickets to be- used on the defendants road ON the
tickets which they bought with the other tickets from the
agent but which To be used the New
Jersey Central Railroad, aud which were ssuedsby that
Company there notice limiting the liability TO one
hundred dollars unless fare should be paid So that
here IA not the slightest doubt that the common law liza
blity OF the defendants remains IN fl force whether
guilty of negligence not, defendants liable COM
mon carriers
the value of the luggage he holds that the kind
and quality OF the material consttutn-the luggage OF
traveller depend upon his tastes aud habits his pc
,uniary circumstances hs position in society, and,
odd the Darticl-