The national Republican., 1867-02-23
Tha Cnurll.
The Courts,
SUPREME CoURT OF THE UNITED STATES

SUPREME CoURT OF THE UNITED STATES
FRIDAY, February q, 1857.
On motion of Mr.. Stewart, Robert Simpson, esq
and VIM, d. Maxson, Of California, were admitted
attorneys and councillors Of this court.
On motion Of Mr.. Gushing, VIM. NJ Ramsey, esq,
Of Ohio, was admitted an attorney and counsellor
Of this court.
On motion of Mr.. johnson, Andrew Hunter, osq.,
Of Virginia, was admitted an attorney and eoun.
sellor Of this court.
No. l42. Robert II. Pearson, appellant, VS.. Chas.
p. Duane. The argument Of this cause was con.
tinued by Mr. Lyon, of counsel for appellant and
by Mr.. Ashton. of counsel for appellee, and con.
No. l67. John D. McCiane, plaintiff in error, vs..
John d. Boon. In error to the Supreme Court of
the State of Oregon. This writ OF error was dis.
missed for the want of Jurisdiction.
Adjourned till Tuesday at II O'Clock q. m.
Passenger of Ship Whose Passage. Money has
been 1sndered-INe California Vigilance Com.
'Blittee-RoJeYt II. Pearson, appellant, U.s. Charles
p. Duans.-In May, 1856, the libollant in this
case, Duane, was sentenced to banishment from
the city of San Francisco by the vel. membercd
Vigilance Committee Of that city upon penalty Of
death in case of return. On the 9TH of the month
he was orcibly put on board Of the steamer Golden
Age" by order of the Vigilance Committee. The
steamer was bound for Panama, but stopped at
Acapulco, where Duane left the ship, intending to
return to San Francisco,
L. Stephens, Of which Pearson was master, called
at Acapulco. on her way from Panama to San
Francisco. Tho libeant came on board without
ticket or the money to buy one, and as alleged by
Pearson without his knowledge. On tho trial be.
low, however, 1t was shown by the testimony Of one
or two witnesses that the captain was informed of
his coming on board, and that Judge McAllister,
Of San Francisco. had rendered his passage money
and II was refused 1t was also admitted by Hall
McAllister Pearson's attorney, aud q son Of Judge
MnA hat nharh hah mad nd
refused
After the ship had left Acapulco and got to sea-
Pearson informed Duane that he should put him on
board the FIRST ship he met and two or three days
thereafter the steamer Sonora, Of the same line
was spoken. Pearson went on board tho Sonora,
leaving Duane on the Stephens, and had an intor.
view with the master Of the Sonora, by whom he
was informed that ho had orders not to bring any
Of the Ixiles back and that Duane would certainly
| be hung If taken to San Francisco. Thereupon
Pearson sent boat for Duane, with orders that he
be brought of willing or unwilling. After danger.
Gus resistance for some time, Duane was induced
by Judge McAlister, who appeared to be his friend,
| to put up his defensive weapons, and go. lie did
So as he afterwards testified, crying like child "
| Duane in some manner, got to New York, where
he remained until February, 1860, when he re-
turned to San Francisco, and brought this action.
| The trial resulted in verdict for the libelant
and, upon appeal to the Circuit Court, the udg.
| ment was affirmed. The case was then brought
here, the appellants claiming that there Is no rule
of law governing common carriers which compels
them to carry a passenger when there is good reA
son to believe that such carriage will lead to a
wreck of tho vessel, much less Whole the fact il
conceded, in this case that 1t will lead to tho
crime of murder, On tho contrary not only the
rules of law but public policy, makes it incumbent
the carrier, under such circumstances to refuse
to carry such passenger.
Besides, for the protection of himself and his
passengers from violence the master was justified
In putting Duane of, because of his notorious tur
buicnce Of character, offensive habits, and violent
disposition. And the duty which tho master owed
to his ship.OWners made the refusal to carry the
libellant to San Francisco justiGable If such car
ringe was calculated to injure the business Of the
Francisco persons who had been adjudgod too vii,
in character to reside there, was calculated to in
jure the business Of the lipe nor dosH tha nnawfu