The New York herald., 1871-11-18

$4,000 Damases-JudGc Nelson nBd the
Law as to Travelling on sunday-Dis-
agreement Of The Jury.
before Judge Nelson.
Jane Madden Aamtnisranir, de-, Us. The Staten
Island RaIry al Compann-Ihe p1aIntr brought
tins suit TO $4,000 damages for the death OF
her husband ey-Depuiy Shenr John Maj
den, who was Killed by the explosion
aboard he steamboat Wesrdeld, IN July last.
The tlal oil the was commenced on tuesday
lasl AM concluded yesterday afternoon. Ii was
claimed by the defendants mat ,he pl until could
not recover the deceased was travelling In viola
lI0n OF the Sunday law when ne met ms death. Ihe
evidence was Principally as TO the condition OF the
boier ana the case exercised by employees Of the
company. Judge Nelson dculed a motion to dismiss
ihc conn ning. and yesterday. at the conclusion OF
the evidence delivered ms charge 10 the jury. lie
said.
GENTLEMEN OF THE JuRy-My duty IL u call vour
attention TO such rules aad nrlncpes OF law as are
applicable 10 the case 70 wn.cn IL IS your dnty 10
apply the iacts as proven. propose TO eau your
attention 10 some general characte lstcs ol the les-
tlmOny, ana then leave the testimony anu jactS
as proven Tor your consideration. You are
bound TO accept and act upon the law as
l state IT to you, ana then decide upon the
facts irrespective OF any opinion that | may
seem to entertain concerning tnem ! think It
pro ger you dismiss from your minds every
thing mat Is ellraneous neither II has been enter
tanned by testimony or whether It may nave oeen
al inc case its trne gnt. ask YOU 10 dismiss
from your minds the fact, II II be fact thai there
are several suits ihs Kini and that tins Is nut
ploueer saii. You must also sniss from your mnds
the iacl, II 1t ne fact, That an indictment I!as
F., been .Ounu against MT. NanuefOlt, OF any OtncF
gentleman conce ncd in inns company, II mas been
stated ny counsel a. II IL were conceded fact thaG
tnere are Il number OF lhese SUITS. an reference
was also ade the tone o. ihc public newspapers
at mat day Now, al tnaG must be dismissed from
your mlnd, ana The present 70 De looked upon by
yod as Inc ouiy case In existence. Ihl5 aclOn IS
governed by statute rs a common law action. This
statute provides that IN case the death OF PERSON IS
caused by railroad or steamboat. caused by the
wrong neglect OF the directors OF such road or
vessel, an acuon may be brought by the adminis
tratOrs OF the deceased. 10 these actions When
railroad OIL the track or boiler bursts tue
presumption vi law arises thai there was eitner In
ine construction OF the car or boiler or in their
manageme / ana condition., something wrong on the
part oi Inc de.eadant. That pre- umption Is 10 be
met ny me eiendant; corporaMon IS nst as
We're PERSONALLY present, as 10 the degree OF skll
! and care requisite 70 sucn case Counsel nave
4 agreed upOn the prOpOS ion ttlat the delendantS
were oonnd to 90 oil tnat human skiil ana scsence
w"lld enable them 70 do lor the protection OF
| wneiher tney did SO IN this case. and whether,
had they done so, would TINS disaster nave
| occurred. And Oraer TO determine TINS
| you must consider the c0nunion OF THIS boler It's
original maze. IT'S history, use and ITS conditOn &c
the lime OF the disaster, what nu been done tO IL
In lhe way OF inspection, repairs &c. ana whether
| there was any Degect I'D that matter. u may Dc
naera N conecon con ,n on avo, wna. nas
/ ton, aud you must also remember that tney were
bound To nave competent and faithful persons 70
manage their poafs not ONLY when IN motion out
ut the wharf, to see TO the condition Of Inc
steam ana prevent lis uldue accumulation. The
ques ion Iur 10 decide Is whether they dlu 80.
Judge Aetison re erred 10 the proie ssouu evluence
as 10 tue cause OF tue EXPLOSION ana reminded the
Jury mat they must deGelmlne the weight to be
atiacIed t. evidence vi THESE witnesses. lie de-
clinrd Ia charge request ol the defendants tnat
Jury CHARGED tlat II tnc deceased was travel
ma IN vocation oI The sunday law his admin stra-
t,x couri recover. lie SAID tnat ,hs was the
! Hrsl time inat the question OF statutory
prohibition had peen raised in this state under c.r-
cuinsl..nces similar To those In the preseut case,
anu tiicl conluueu as foiiOws:-lt hau been raised
In cohiraci, and the coniracL In consequence S
JisL.y declared void. Ih re was, however, SAID HIS
Honor, Case Of KIND sett Ell IN massachusetts;
but donL lhInk there lad down Is 10 ne fol-
| lowed. think II would exceedingly impoiLic
| and dangerous to consider our statue, wnIcn
imposes a VI 81 Tor travelling on sunday
Tor pleasure, to put passengers absolutely
at the mercy OF persons ellp0yed uuoa steamboats,
/ or upo. our city cas-. a low me 10 say That wAen
they reiur.ieu from Fort hamilton on SUNDAY with
the poor u the city VINO were all the week conf. ed
III narrow s re- tts and Iounu Sunday the Only day
that gave them opportunity 10 breathe The sweet
nj Oi the country. Eow l. IT to pc supposed that
the Legislature has passed statu6e pro-
vld!ng that when any OF these persons
so travelling sunday are Killed by
The negligence OF car conductor They cannOo
recover tunk not. When sucn u statue Is
passed, one tnat neither be evaded nor explained
away, tnen VIII charge u, nut hot I'LL tneil. Tue
la OF MASSACHUSETTS, Is Inconsistent with our own
in may respects concerning sunday. anu therefore
refuse consider the discussion III question as
anl he enticatcd Ia THIS cssc.
The Iur tnen ieLIred, aud remained out Tor almost
four hours without Denl abe TO agree upon ver-
dict They were tleraupGn dl5cOar1cd. they stood
nlno for plaintiff and ta &c lor the deIendauts.