Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-02-08

UnueF WoOu anu WIhe-A NONeh hhu
Interesting Scene fn a Virginia
Richmond Cor. New York Herald
In the United States Court at Rich
mond, Wednesday, Judge Underwood
rendered his decison ia the case of Cap
tain William G.. ,Nelms vs. the steamer
John Sylvester. The plaintiff, an ex-
Confederate officer, broke his knee-pan
by stepping into q coal hole on the
| steamer, sued the owners in November
/ last for $l0,O damages, got verdict for
| $4500, aud motion for new trial being
now heard the court decided to present
the plaintiff the alternative of new trial
on receiving $4,000 instead of $4,000 in
acquttance. Ex-GovernorWise appeared
for the plaintiff.
In the course ofthe Judges remark he
gave an account of bis first coming to
Virginia as teacher, thirty-seven years
ago; the kindness and courtesy shown
him by distinguished gentlemen after
arrival; the services rendered by him
| to this gentleman in political canvass (;
the general return for these services; his
subsequent marriage, etc. He then ad-
,vertea to the difficulties into which he
Efell on account of his snti-slsvery senti-
ments. he stated that he had been edu-
Gated in this belief; that he belonged to
the straightest sect of Hamiltonian fed
eralists; that be was of the school of Penn
and Fox; that this difference of opinion
bad not alienated the personal regard of
his Virginia friends. he expressed in the
most glowing terms his admiration for
the talents, requirements and character
of Governor Wise, the leading counsel
for the plaintiff. He said that this admi-
ration had been formed years before he
became personally acquainted with him,
and with full knowledge of his gtrong
pro-savery opinions; that he attribute
the difference in their opinions on this
subject entirely to their different sdusia.
tions and associations; that since Mr.
Wise had commenced practicing in his
court be had always treated him with the
utmost kindness and courtesy, and that
their relations were most agreeable; that
the Governor, in the argument of the
case, had insisted, in the most eloquent
way, that the defendant should be sub
jected to punitory damages for their
negligence as common carriers by which
the plaintiff had sustained his injury; /;
that be did not think the case one for
such damages, as the negligence proved
was slight; but that he neglected to
charge the jury to this effect, although
not specially asked to give such instruc-
ton, and that he thought that the jury,
in consequence of this omission, and
persuaded by General Wise's eloqueuce,
had given an excessive verdict. For this
reason he should decide to put the plain
tiff under a rule to abate his damages,
and if he refused that he would grant
new trial.
At this point Governor Wise arose and
stated to the Court that his hearing was
imperfect, and that be had in this way
failed to catch several sentehces Of the
Judges opinion. He had heard the
word slavery used. He asked what in
Gods name slavery had to do With the
question of common carriers liability 7
We had suffered enough, in oil con-
science, already from this teterrimG
causa beli. For one, he accepted the
fact OF its overthrow, and was willing to
trust, in good faith, upon the new state of
affairs. He did not question the hon.
esty of his Honor's sentiments on the
subject. His own, though, were very
different on the institution as established,
although not, perhaps, so much so on the
question of the abstract right. But this
diTTsrsoce of opinion had been fatally
and finally ended. Negroes had become
f,ea eitizens, and he was willing they
shorld remain 90. Bat the great ques
t;on now was, whether millions Of white
mem should remain manscled slaves.
pers Judge Underwood interrupted
nd stated that he was in favor Of unit
ssrsai suffrsqe and universal amnesty.
"a =, with me-" said the G 1vernor, "oa
this platform aid me in wrenehing the
letters from these arms and from tne
arms Of my people, and we will hght cut
side BY side the great battle Tor American
liberty. a-
an Earth. that no tyranny or oppression,
shouId ever keep him from using both
banSs and tongue fearlessly IN defense OF
,bs hroken liberties of the people. de
Jan;ad in strong terms the right oil his
Honor N interfere with the verdict CT the
;nrv On the law aad evidence. HIS argu-
nant was founded solely on the sw as
expounded by its great lights, Aeo''
Story, Jones, Parsons aHd o'hers. a.,
he concluded by speaking in high
terms of the kindness, courtesy and lie,
erality of His Honor to himself ana all
me members Of the bar, aud OF the pleas
sptness Of his personal relations;
The incident occssioned much aston
ishmen, among the auditors aud members
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