The New York herald., 1879-03-01
TIE COURTS.
Legal Liabilities for Loss
Of Cargoes.
SPOKE HIS MIN d. .
Mitigated Penalties for Taking
Human Life.

Among other decisions handed in by Judge Choate
yesterday. in the United States District Court
one in the suit of the Bonner Il De Castro Sugar
Refining Company against the ship Strand. OF which
Messrs. Grinnell. Minturn & Co. consignees.
There were shipped upon this vessel at Manila.
among other goods. S4 TAD mats Of sugar, weighing
about 2.430940 pounds. The merchandise was
shipped under bills of lading acknowledging their
receipt in good order and condition and stipuatng
for their delivery in New Yolk in like good condi-
ton. all pers of the excepted. The Strand
sailed from Manila August /. 1876, and upon her
arrival here delivered 81 6G3 mats of sugar. weighing
about ,S65 pounds 1t was claimed in the de-
fence that the ship sprang aleak during the voyage
on account Of violent storms. and that the damage
resulted from this leak. AS to the 3.079 mats not
delivered. these thrown overheard to save the
ship. Judge Choate finds that these facts suA.
ciently proven: that the Captain justified in
throwing overheard the number of mats not de-
hvered and that for all the loss and damage to the
cargo from salt water up to the time the ship began
to discharge her cargo the libelants have claim
the source was purely peril Of the sea- He holds
however, that the additional loss while the vessel
unloading at Martins stores, in Brooklyn. arising
from failure to keep the pumps at work. was due
to negligence the part of the Captain
agents or owners, and that this loss, as well
for the ensuing delay in the delivery of the cargo
the respondents liable. In these particulars u
decree is given tor the lbellants and a reference
ordered compute the loss. r. D. Benedict appeared
for the bellans and Messrs Stillman and Butler for
the claimants.
Another decision rendered yesterday by Judge
Choate upon very similar question. This
in the suit of Edward F. Dawson and others against
the Austrian brig Eoga and resulted in favor of the
libellants, and reference was ordered to compute
the amount due. The suit was to recover for failure
to deliver good order and condition cargo of
5100 bags OF green sugar shipped at Pernambuco.
The vessel arrived in this port January 49, 1874
aud upon the delivery OF her it found that
ffty-nine bags entirely empty and 329 bags
partly empty. 1t claimed by the libeants that
the loss caused by the careless
in which the merchandise slowed and want
of proper drainage and of proper
the part of the master and crew. On the ground
that the ship has failed to show that the damage
the cargo was not by peril the sea- but by
insufficient stowage and drainage. decision is
dered for the lbeilants George H. Forster appeared
for libellants and w. r. Beebe for claimants.
A JUDICIAL PRONUNCIAMENTO.
In Part of the Court Of General Sessions.
Judge Cowing presiding. Mr.. William F. Howe.
on behalf Of Louis Karmell charged with receiving
stolen goods. renewed yesterday his application to
admit the accused to bail in 81. .5O0 tho fixed by
the committing magistrate Assistant District At.
torney Lyon opposed the motion, the ground that
there some doubts existing to the suticiency
of the bail bond Mr.. Howe contended that the bail
good and had already been approved. He fur
on Thursday. to which Mr.. Lyon retorted by
saying that on that day the trial Of John Brown
the Italian. in progress and could be inter-
rupted Mr. Howe intimated that the question OF
admitting the accused to bail had been somewhat
prejudiced by Captain Walsh. who had spoken to
Judge Cowing in respect to the case and to this
course he took exception. Mr.. Lyon said there was
objection to admitting the accused to bail pro-
marked that it was true that Captain Walsh had
spoken to him on the subject, but at the
time time he had no idea idea what the , Captain de. de.
whatever that Captain Walsh believed that he was
doing his duty in conveying to him certain informa-
tion yet it must be thoroughly understood by all
| parties that while he held Judicial position he
could not be approached by any person who might
| try to influence his action would he allow any
person near the bench on which he presided with
| any such motive in view. In the present
case from the facts presented, he thought
it was case in which bail should be ac-
| ceptcd. He preferred, however, that tho matter
| should come through the usual channel The bail
bond subsequently approved in the District At
torncys Office ana Karmel was released Karmel lives
at No GO Henry street. Not long since lad named
Arthur Prctscher, employe of Theodore Bernau,
brush manufacturer in Pearl street. arrested
the chsrge of larceny. and when brought to Captain
| were found concealed his person. In
formation furnished by this boy led to
the arrest of karmell, in whose possession
it is alleged. quantity of hair. nail tooth and shoe
brushes were found, valued ut $50. Pretscher who
is only fifteen years old. when arraigned some time
ago the Court of General Sessions. ordered by
Judge Cowing to be sent TO the State Rcformatory ut
Emira. Taking all these circumstances into ac-
count Captain Walsh stated yesterday that he
sidered 1t his duty to notify the proper authorities
on the question OF BAIL 1t should be added that
Mr. Howe insisted that only $40 worth of whisk
brooms were alleged to have been felonously re-
ceved OF which crime. he said, his client inno
cent.
SENTENCES FOR MANSLAUGHTER.
John Brown. the Italian. who convicted In the
Court of General Sessions late on Thursday night of
manslaughter in the fourth degree in having killed
John Regallo. a fellow countryman. with club ut
No. 1G Baxter street Christmas night called to
the bar for sentence yesterday morning. by Assistant
District Attorney Herring. The accused, sharp
featured. wiry little man. was foreman
in Durands looking glass factory and his
victim organ grinder. During q carousc
Brown became enraged and attacked Regallo with
macaron roller with which he beat him the head.
Brown bore by enviable character, hav-
ing been concerned in sevaral ARRAYS When the
jury retired they stood eleven to for convic-
tion manslaughter in the third degree. The dis
sentng juror held out for four hours. and finally
concurred with his associates to the guilt of the
prisoner-the degree, however. being reduced to
manslaughter in the fourth degree. This escape
considered lucky one for the prisoner. His
counsel, Mr. Howe, before sentence was i'm
posed, called the attention of the Court
| to the good character that had been given him by
| Cowing observed that the jury in the very mid
verdict rendered had exhausted all the mercy that
| could be shown. Under the crcums stances II
the duty of the Court to impose the full penalty
OF the law-two years in State Prison at hard labor.
Peter ORourkc. a canal boatman, convicted u few
days since of causing the death of u lad named
Court of General Sessions yesterday for sentence.
The facts developed on the trial that sullivan
and two other boys fishing ut the foot or pier
40 East River when, provoked by trivial cause
the accused threw brick at them, sullivan receiving
the river. when he was drowned. In extenuation, it
was urged that there was no intent to death.