New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-03
THE sOUETS.
Fifth Dlssr,s1 Court,

JULIUS 11TteGL CS. UOSeUiL -CtfItuSS--IulS
case came on for trial yesterday before a jury
Of talismen. Plaintiff claims s20,090 dam
ages, alesing that about q year ago.. his
house was entered by virtue of search
warrant issued ct the instance of the defen.
dant. The affidavit under which the search
warrant Was issued, WAS made by one New
esss, defendants clerk, t0ting under his
orders, as alleged Of the defendant Straus.
It appears that one Reuben, porter for
Strauss, had been sent by him to the
Office Of Auditor Wicl1lilfe, with cer-
tain State warrants, for the purpose of hav-
lag them audited. Reuben absconded and
warrants disappeared. Newgass made affi-
davit that the warrants had been received
by and were in the possession of the BRETT,
and thereupon the search warrant was
issued, the premises searched and the result
was that BRETT was excuipated from sus-
picion of having had possession of the war.
rants. For the searching of his premises,
and the injury to his character. plaintiff
claims the amount of damages stated above.
The case was given to the jury last evening
about three O'clock and not being able to
agree upon verdict, they were locked up.
William II. Hunt, of counsel for plaintiff,
and Roselius & Phillips for defendant.
Fou-.h Bissrict Court.
In this case Judge Theard yesterday gave
Judgment against defendants for $l1, ,999 80,
with i've per cent interest from the tenth Of
December, 1859, with privilege upon the
sum of f1437 Is sd sterling, due by the
garnishee, William Chambers, to defendants
on the iron ties III the hands OF said Cham.
bers, or their proceeds belonging to defend
ants, defendants paying costs.
Gsve~ah aisariet Coart.
Africa,e Methodist Episcopal Charch us.
AdOLph Ze7nan ct dl.-On motion of Cettpn
i levy, of counsel, it WAS yesterday or
dered that the plaintiffs do show cause on
Wednesday, the ninth of March, why the
injunction herein issued should not be dis.
solved on grounds filed.
Joshua Fe1ninsore ct al Us. Emile T. Gross
et0l.-Ia this case Judge Collens yesterday
rendered the following decision: ''In letting
an entire ship by charter party, the owner
generally retains she right of manning and
navigating; but the contract Ia this case
conveyed this right to! the hirer, and is
therefore governed by the rules applicable
to the letting ont of movable things when
po ssession is given entirely to the lessee.
Hence the Onus is on the defendants, to
show that the strauding of the vessel hap
pened by Ujs major, that it could not be pre-
vented by the exercise of due diligence and
skill. This 1 think they have failed to do,
and indeed the fair Inference from the tes-
tlnony is, that the vessel was mismanaged
by the pilot who was in charge the moment
the boat got aground, ard who was unques-
tionably toe defendants employee.
All the items of plaintiffs demand are
proved, except the one for $50 for loss of
wares, etc. The defendants were bound to
return the vessel in good order and condi-
ton, at the termination of the lease; and
since it was the fault of their employee they
failed to comply with their obligation; they
are liable for the hire during the delay. and
for the expenses tine owner Incurred for pre-
serving aud recovering the boat.
Judgment against Gross for S2265 l6.