The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-05-29
NEW YORK CITY.
THE COURTS.
UNITED STATES CIRCUIT couaT.
Jury Panel Called.
pefore Judge Nelson.

At the oneninQ OF the court yesterday morning
Judge Nelson ordered the jury panel to be called over
and there not being case for trial he discharged
the Jurors until this morning
Ts. 6,..e of the Steamships Charged with vlo-
Iations OF the Passenger Act.
Before Judge Nelson.
The United States us. The Steamship City OF
Parls and Others.-This case came up on appeal
and exceptions taken by the government against
q decision of Judge Batchford in the District
Court. The origin OF the case was an alleged viola
tion OF the act OF Congress OF 1885, known as
the Passenger act, by which 1t Is provided that
the comfort and convenience or emlgrants from
the area of the berths in every emigrant Ship and
imposing penalties for violation OF the PROVISIONS
therein enacted. During the summer and mll OF
last year the steamship Manhattan ana several
other steamers were seized by the United States
Marshal for violations Of this act IL was charged
against those vessels that the berhs provided for The
accommodation OF passengers were in width less
than that required by law, and hence the seizure.
When brought to hearing before the District Court
Judge Blatchford dismissed the libel, TO which the
District Attorney took exceptions and entered an
appeal The berths. as prescribed by the act, should
measurement it was charged that they were found TO
be only foot ten inches, while 1t was contended
thatthose berhs were only threequarters OF an inch
less than the dimensions required by law. The
penalty prescribed by the act OF Congress for VIOLA
ton of its provisions in that respect Is $50 for each
and everv passenger on board; and from the number
OF persons conveyed in those ships during the sum-
mer the aggregate amount OF penalties incurred
would be more than million OF dollars. The case
IL at hearing
The Tribune Association Libel Case.
Before Judge Nelson.
Isaac COOK Us. The Tribune ASsOcation.-This case,
which has been on the trial calendar of the court
Tor some time, came up yesterday morning in
regular turn. The action is based on an alleged
libel which appeared in the Tribune newspaper Of
this city about the 5th day Of January, 1858,
and which alleged libel appeared as an editorial of
against the plaintiff that he had "delaulted army
paymaster to the tune OF half million of dollars"
DC. Plaintiff. concluding his averments, declares
that he hath been and is by means OF the promises,
greatly injured and damniied in large sum Of
money, to wtt-the sum OF $50, 600.
To the libel, as set forth in detail in the
charge, the defendants say that they are not guilty
OF the said supposed grievances as land TO their
charge or any or either OF Them any part thereof
in manner and form as the said plaintiff hath com
planned against them and OF this the said defendants
put themselves upon the country, &c.
Counsel for plaintiff Mr. James T. Brady, on the
being called applied to the court to appoint a
certain day in the term for the hearing.
MI. Williams, defendants counsel, said the trial
would be lengthy one, and owing to the present
state OF his health he was doubtful whether he would
be enabled to be present more than one day. He
He felt satisfied that the case would occupy at least
ten days. At all events he would certainly take i've
days for his portion Of it, and the other side would
likely do the same.
Judge Nelson said he must adopt one of two
eourses-eher to extend it the part of the plain
tin when it reached the regular call the calendar
or If insisted upon to be proceeded with In the reg
ular ORDER or il the parties agreed upon the subject
IL could be put down for the October term.
Mr.. Brady said he would wait until the case was
called in the regular manner when some definite
Messfs James T. Brady and E. r. Meade for plain
TIL. For defendants, j. T. Williams.