, 1872-08-29

were nearer still. The carpenter and
especially the cook was quite distance
away. onesabout 20 feet the other over a
hundred. Now the other thing being
equal those who were Immediately
present had the best means of knowing
whereof they asserted and ought to be
believed in preference to the othels
They being nearest there was no rea-
son for mistake; the others, from their
distance and from the Intervention of
objects might have been mistaken.
There we're four of these persous and
three of the opposition witnesses inclu-
ding the Captain.
The testimony of these four is &C.
knowledged to be fair, but that of the
fourth, is said to be impcached. The
misfortune about this effort to impeach
is that Meagher. said witness, is cor
roborated by the testimony of the 9TH
er three and by circumstances devel-
oded by the carpenter and the cook. l
cannot disbelieve Meagher without DIS
believing nearly all the witnesses who
have testified in the case. A man may
have bad reputation for truth and ver-
acity and yet tell the truth. If the case
depended upon his testimony alone
Plaintiff ought not to succeed. A bad
reputation for truth and veracity only
affords presumption against the truth
fullness of persons testimony, it may
be true after all.
Not only had the Plaintiffs witness
ses tie best opportunities for informa-
ton as being nearer to the facts sworn
to; they were under no apparent inAu-
enee to speak falsely. They had dis
solved their connection with the ship
and its owners and were under no OBJ
legations whatever to Plaintiff only that
Of justice. 1t does not appear that any
of them knew Plaintiff before this fatal
voyage; there were therefore no long
continued friendships to warp their
judgments or color their stories. The
witnesses for the defence keep up their
business connection with the ship; this,
it is true, is but a slight circumstance
but one entitled to consideration in case
of conflict of testimony. The statement
of the witness Sullivan was fair in all
its details, and strait forward in all its
Developments. He showed every dis
position to tell the trnth, was close to
the affray during all the time, and his
development on the stand was un-
exceptional. If his tectimony is false
it is remarkable invention. The
Captain bore testimony to his knowi-
edge, candor, and uprightness when he
made the the attempts which is not de-
MED to keep him from attending upon
this Court.
ala compelled to find from the test
imony therefore, that the Captain, not
withstanding his statement to the con-
trary, was present during this affray and
that he might have prevented 1t, but did
not, that he by his silence aud non ac-
ton aquiesced in the assault there made
and is in law responsible for the conse
quences.
A few words in regard to the damages
That this man knocked down was stab
bed IN the back and his skull stove in,
are not DENIED. Paralysis of one side
is the consequences. There is no doubt
but what he is physical wreck for life,
near one half of him is dead to all eff
fects and purposes. For the rest of his
life he can take up the mournful lament
Of the Apotle Paul. "who shall deliver
me from the body of this DEATH" No
pecuniary compensation can ever fully
compensate him In the hopes that
these defendants may be able to reach
it and that they may have some enduce-
ment to it I have concluded to find
against them in the sum of 50 500 only.
o. JACOBS, Judge.