The New York herald., 1869-04-15
BROOKL YN CITY.
The COURTS.
UNITED STATES riscuIT ecu 7.

Tho Fever Ship james Foster, Jr., Casc-- II
10 Submitted 20 the Grand Jury-The Judge''
Charge 10 the Jury Thereon.
Before Judge Benedict.
The following persons were yesterday empan
nelled on the Grand Jury and sworn m:-Charles
jenkins, Nathan S. Beers, Joshua Atkins. WIN. Dun.
ming, Geo. II. Peters. VIM. Hutchings A. s. Lawrence
Samuel NJ. Steob.ns, @. w. McChesney, samuel
Croweil. William II. Little. George Flotow, j. II.
Law, Robert MURRAY, Jr. Albert Jewett, L. b. Bacon,
J. z. Adams. John Satchell George r. Carhart Ed.
ward wesson. J. B. Hutchinson, Alfred Becar, q.
NJ. Felt The Court charged the jury as follows:-
You are summoned In reference to one class OF
cases Otner cases ma no dOuot come before you
during the month; but you VIII nrst he called upon
which govern the sea, the treatment OF passengers
and the treatment Of sailors at sea. These ques-
because they arse out OF transactions the high
seas, wnicn belong to no nian and state,
and therefore are under the jurisdiction OF the
Cnited States. The regulation Of affairs per.
tanning 10 the navigation OF the sea be-
longs to the nited states, and. therefore, Of
fences which are committed there are to be taken
cognizarce by grand jury OF the United states.
shall not take your time " go into the matter at
any length am not well enough possessed OF the
case. understand however, that you will be called
upon to consider whether or not on board certain
ZION OF emgrant passengers to the port oi New ork
the treatment OF those pa sengers has been such aS
the law requires. understand also that you VIII
be called upon TO say whether or not the owners
or officers OF these skiI g. any OF them have viO-
lated any Jaw that will make It proper to indlct
ana try them Ia this court whether they have vIo-
lated any laws with reference to passengers, Or
violated any law with reference to the crew. Two
classes OF are found on board such vessels
cmlgi ant passengers and the crew. In Oeiience to
the Interest OI the United States as well as the In
terests o. humanity, the rights OF other enigrant
passengers who are transported to this country In
such vast numbers nave been carefully guarded by
federal law. 1t having been lound that they require
S tne pto.ecmon M ., VI Srnssns aws. otherWse ILey
that would be uerlens VI u the interests OF the
country taat any person should suffer. These laws
are mani Old and varied IN Their cha acter. They
provide Tor the amount OF the PROVISIONS the mum.
Der Of passengers, the arrangenent OF the ship and,
In most cases OF Violation Vi these laws the rele-
dy Is penal action brought by tue pas
senRer, in which he h entitled to recover
very considerable sum BY way OF damages.
apprehend that many OI hc supposed violations Of
law are o. this ass, and are only to be reached by
civil actions. But You have TO do with only single
class Of cases. You will cOntlne yourself to the in
vestgatlon oi these cases as lar as they may offer
Rrou d Tor criminal proceedings against the parties
supposed to be conc. rned. II you ind that on
with regard to the protection and transportation
Of passengers have not been comp.ied with 1t will
be your uutj 10 indtct the persons in fault where
they are subject " Indictment. II Ia required that
these laws should he strictly enforced. 1t Is true
tna; ,nn, N some sense they hamper trade The Dis
statute, ~ that you can ascertain whether or not
there mas IN thus case been any violation OF the cr,
relations which have existed between the crews ana
tue officers oi certain ships. as am informed. The
masters VI snps are peculiar cass so also are rhe
Sailors They are subject TO strange laws, IN some
sense TO strict laws. for ship at Ia an
Unlimited w limited monarchy. Criminal penalties are
imposed upon any violation OF the rights
OF sealnen. The mast.r has no right 10
inIiic criminal or unusual punislments II ne does
he IS Liable To be tired anu punished. He has no
RI hit TO wtnho.d proper food, right 70 allow TN
proper food. lou VIII have before you the passen-
gers You Will have before you The sailors and you
may have before you the officers Of these ships. IL
Will require some judgment to determine what
weight IL to be attached 10 tue testimony OF these
witnesses. here IA no cilBs Oi more
liable 10 great eAaggeratOns in tier statements
and more SUBJECT " III treatment than seauleu.
! consider them more Unprotected, considering
tner calling. than Almost any 0tner class. Though
they are men gwen 10 great extravaganza In their
statements g, en- 10 great abuse All their powers,
they are Class oi men entitied to protection.
Their statements require 10 be taken with care, and
good Judgment is requisite W ascertain the real
truth. IL VIII not he your duty 70 try the case that
IL matter reserved Tor the lesit jury. Your duty Is
10 determine whetier there is probable cause why
they Should be brought before the peut jury.