New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-05-18
THE COURTS.
,n,. nrpAnRoAp COMPANIEs.

in the ouP' sutherland the suit OF Cyrus H. M GCUI
mick agt me foTS dsgendans evidence showed that
W. MCCORMICK, with his wife, went 10 tno INF bc went
r with large amount OF BAGGAGE I1' him his
III employe, VINO t0l4 tiets.
IN gage could not be checked tii ne lis absence
tst he went 20 get his tickets that during ea i'm the
- bacgoce was weighed checked, ana p,oovt lit Mr.
bacgagecar the departure being mn l1 "c,ntaned
tiS bed nv the courts Of Pennsylvania 10 DC Loss
tract that they we're only & NcCognck again pre-
o,,ted himself with the tickets the agent I'm,
his was oSf nay the extra charge Of S TO- that
MIR Mccormick after some slight delay, rcuS that Inv
sa,,jc6 his checks or return of his baggase wa, Wy
that Tune e DaEEs either starting or had actually
SS SccoTmck tnen went to tho President OF the h9au,
d obtoIned an order that his baggage he delivered TO
tnieeTapRed TO Pittsburgh but failed to reach there III
time: that Mr. Mccormick followed his baggage
tn 'iPittsbureh and there obtained similar
order on the Fort Wayne and Chicago line;
tbe Are which consumed the depot and the baggage in IT,
endeayored TO what was left OF ms baggage Inc
defendants then moved for the dismissal OF lheconpt
ON the ground that common carriers they were not
liable since the goods not destroyed while IN ther
that they we're not liable the theory of conversion as
a common carrier could not be held on that ground UNI
iier Claimed that as tie act Of the 6agEagenaser
inclear violation Of the rules Of the Company ne anu
not the Company was responsible; that Mr. McCOrul.h
I'm buying his tickets entered into contract 10 p
tho reasonable regulations Of the CoIlal n9
PAM his baggage to the place Of its destination,
aud having failed 10 do So had forfeited an ms ~
the matter and that any rate he had waived o G1
version by his subsequent efforts 70 recover us H. a.
These points oyerruled and the counsel lol Io uo
fence repeated them In the form Oh leYITSi t tfs
with the additional point that having rece ca 'e
only DO liable for the value OF reasonable ahohnt Ot
baggage considering the position OF the uh a. .0v
demand The Court refused TO charge any oil these mat
ters holding the case to be one OF eOnverUn anu bl6
was commenced soon as the Daggase-ihdsVer
sent the baggage to the S ' TetITned the
contract still executory on his part, ana
baggage r. then the baggagemaser refused TO return
t. or had nut IL Of his power TO return H. the CONVEX
Consider the subsequent acts OF Mr. Mccormick waiver
aud therefore took from the Jury all questions except
mat Of the OF loss Mr. StOughtOn said there was
40 real question about the amount but the Jury were al
owed TO retire, and after few moments returned YER
ct for plaintiff OF $4,000 81, TO which the Court added
MUTINY AND MURDER ON THE SHIP JAVA.
The case of William G. Parker, Benjamin
harrison, Benjamin sifton james Cannlng ana SaG1s
:. Robinson. the boatswan aud seamen charged WIN
5f Iara1fuco East indes on the 7th Of May 1865 and
numbering John W. Jones' the third mate, came on LOT
y e. Kltile the 6oatswaln, called by the Government,
testified substantially follows; On the evening OF inc
ashore; Sift0n had the first watch till O'Clock; stood
watch till midnight when Parker renewed me- anu
went ON deck and saw Parker flashing up Charles
Bates the first mate; said to me, Go below,
ii YOU don't want your head broke :" went below as
was going, Canning and seaman naIleu bruce
standing guard at aft hatchway with sticks OF WOOD
ip their hands: started 70 come up shortly aItefWaTu
preceded by DWely, the acting cook; us DWeiy was
about emerging OF the men on deck struck nun Win
stick OF wood at the time saying, Don't come
np here unless you want TO get Killed. theh went
hack; in a few minutes Parker and Suton came down.
got their clothes, and went on deck; as Parker was
fifteen minutes" heard them clear away and lower the
waist boat; l then went on deck ana released
Mr. Bates, and went aft TO look Tor MI Jones,
the third mate; while on my way, heard some one
pounding the cabin dOOri went there ana lOund tue
door closed and ladder damned against II; opened
living on starbOaTd side Of the deck grooming ana
calling out: the only Ineligible word was SUSAN -
SUSAN" Jones lying dead on the morning OF the
next day; Jones was cOlOred man.
testified After the captain had ashore awhile the
cook came down and tried TO wake Bates; Jones said
whats the matter Cooper; don't wake Mr. Bates up;
come over here :" the cooper said something Is the
matter on deck, and l think some one is going
10 run awaY;" Jones said 90 Din them, will 60 up
and look out for them, and that they don't
away" / heard nothing more for some
time went deck after awhile, and Jones was
lying in the Captains hammock, snoring very heavily
went below, and shortly afterward heard heavy fall
jumped and Bates running up as soon as he got
deck the door shut and the rest kept down.
after defendants went in the boat went on deck
and found Jones and took care OF him he died at
o'clock the morning OF the 9Th; the conduct OF de-
PENDANTS had always been good except in relation 70 some
trivial matters the conduct Of the Captain, First and
Canning was tied up for whole day on one OCCASION
and his sufferngs intense the blood pouring from
his and in streams upon the deck have fol
lowed the forty years and never crew so badly
treated or fed on such bad, small stores.
The further examination was then adjourned to Thurs
lay