The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-12
THE COURTS.
Important Decision in the Case Of the
Abandoned Steamer Amerique.
THE BLACK FRIDAY SUIT.

L'AmGriquc, running between New York and Havre,
her last trip preceding her abandonment at on
the 14th Of April 1874 was John r. Reed Tho cir
cumstanccs attending the abandonment OF the steamer
by her captain and and the subsequent finding OF
her adrift upon the ocean by two English steamers
which towed her into Plymouth, England have
already boon fully given In the HERALD Mr. Reed
brought suit in the Marine Court against the Of
L'Ameriquc. known under the chartered name as
tho compagno Generalc Transatlantiquc, to recover
tho value OF his baggage. The suit t-cd before
Judge NcAdan,, At Special Term, MI b, njamn r.
Russell appearing for tho plaintiff and Mr.. Walter l.
Livingstone representing the steamship company.
decision in the case given yesterday by Judge
McAdam who, after recitina the circumstances OF the
plaintiff having been passenger tho AmcrIquc,
OF hor disabling and Abandonment Of her being picked
up and towel INTO Plymouth England says:--
Tho plaintiff coutended that the safe arrival OF the
Amerque al Plymouth. together with tho fact that Two
of her compartments were even then water tight, con-
ciusvcly demonstrates TINT she was not sinking
condition when abandoned by her officers and crew,
and that tue abandonment was therefore, i'll advised
force on tho Interior question OF liability Tor tho lost
baggage, 1t is TO be accepted In modified firm IN re-
gard 10 the transfer Of passengers for the reason that
the conduct of the officers Is net 10 DO
judged in the light OF after events but nc
cordng to tho circumstances in which they
arc found when called upon 10 make
choice Of nm embarrassing alternative Faulkner vs.
wright, Rice on p. ILL., They could not be obIiv0us
TO their responsibility Tor the lvcs Of their passengers,
intrustcd to their care and the conviction Of imminent
danger which seems to have been shared by them all
may taken justification for their transfer the
donmcnt Of the steamer or excusing the defendants
from their liability for the safe carriage
and delivery Of the passengers baggage at tho port Of
destination. Common carriers as rule arc
nbc Tor all damages aud loss 10 goods
during the carriage, from whatever cause,
TO inevitable accident, or from tho public enemy
tRedncld Carriers. sec 24, and the exceptions TO
the rule arc limited 10 accidents which come from
force superior 10 all human agency either IN their pro.
duction or existence lib and the cascs agree in
curing the entiro exclusion OF human agency from
the Of tho injury loss The plaintiffs property
pagcd while upon tho defendants vessel and MS
insurers against theft and robbery the defendants must
make Inc Loss a. the Peculiar
propricty strngcncy of tho ruc. The plaintiff will
therefore be entitled to judgment tor $780, the assessed
value Of the property In port Of delivery. Judgment
accordingly with costs and five per cent allowance.
THE BLACK FRIDAY SUIT.
The trial Of the Taylor-Gould suit was resumed yes
tcrday before Judge Barrett Tho days proceedings
opened with the further examination Of Mr. Pcresh
the Wall street brokcr. but his additional testimony
was simply rcncration Of his story when first called
70 the witness stand
Robert Mceks Thompson, . broker. next put
upon tho stand He testified that he knew Spcyers and
sold him gold Black Friday between eleven and
twelve O'clock ne sold him $21 O00 and 10 Spcy-
ors' ofco about two o'clock; him there and while
he was there tho employees iransacting their bust.
ness; be received IRON Spcycrs memorandum OF his
sale.
bylaws OF tho Stock Exchange aud said that tho laws
OF 1887 the ones Black Friday. He also
produced the record Of sales under the rule that
day. and identified sales 10 w. G. Taylor.
General Daniel Buterncld was next called. In Sep
tcmber, 1862, he knew Gould; on September rs or
IL in his possession at present; had not It
the Congressional investigation, where he was Wit
ncss had made vigorous search for IT, but could not
mud H.
Mr.. Beach hero inicrposed objection to tho wit
stating the contents OF document proved 10
have boon delivered to the committee. The evidence
admitted, however.
witness then refreshed his memory with tho
printed report Of the investigations and stated that the
letter was TALLY demand for money; wit
was then Assistant United States Treasurer; he
heard by common rumor that there pool 10
with Jay Gould or anybody clse witness could mot
state the contentsof tho letter any bettor.
= Didn't no call on you Tor margin on 8, 500, 900
which he said was your interest In the p00lf
Question excluded.
Mr. Sewell hero offered in evidence the printed rc-
port OF tho Committee on Currency and
Banking, containing copy OF Jay Gould's letter to
the last wtnoss, and published by authority OF Con-
The evidence was excluded and tho Court took 70.
Subsequent to recess several other witnesses were
recalled examined and examined as TO the
Of giving memorandum Of sale, and particularly
Mr.. Spcyers' custom in thnt respect, Mr.. Speycrs
swearing that he had never until the Monday after
Black Friday signed his name in ink az tho bottom OF
the memorandum, aud tie others swearing that they
had frequently seen his signatures ink. Tho plain
tn thou rested his 0,se.
Judge Barrett n,matcd that be would like 20 have
some proof Of the signature to the memorandum Of
sale which the plaintiff said lie received on Black FRI
day, which he thought would be point OF i'm
portancc II tho dcfcnco should make q motion for
nonsut The PLAINTIFFS counsel said they thought
they could produce testimony that point next
morning. The Court then adjourned