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THE MARINE RECORD. MARINE l'a-W. AHANDONMUHT. Pari> Tribunal of Conirtwee. The itenmshlp Indln —The plulntlfl' In this elilt v> h« the Marquis do Rays, who Is nt this moment being tried for fraud In con¬ nection with tlio unfoitlnnto expedition to found n colony lit Port Breton. Tlio Indln, which he hnd purchnsed to tnko out colonists was Insured with tlio Garonne, Cerelo de Transports, Ghninbre det Assurances Marl- times, and Providence Companion, for A sum ofl7B,000r, on tlio lptbol September, 1880. The Mourner was then nt Singapore, but left on the 21nt of September for Port Breton, where she arrived on the 14th of October. She remained there four months and seven days, and on the 2]st Fobruaiy, 1881, left for Noumea, nt which port she arilvedina demugc1"8tiUo on the 12th of March. She was there overhauled, and, on the demand of tho vaptnln, t'b,e local Tribunal, on March 20, gave judgment that the sleamet was un- sonvvorlhy,,nud as It wus Imposslb e to re¬ pair her in the port, the Tribunal oideicd her to be sold. The Insurers refused to accept abandonment, and this suit wiib brought to enforce payment of tho sum for which the Btcamer was In insured. The lilb'unal said, In giving judgment, that It was shown, by the steamei's log that she did not encoiiutei any bad' weather on her voyage from Singapore to Port Breton and Noumea, but the engines and boilers were in a bud condition, notwithstanding the repairs ellectcd at Sue?, Aden, Point de Galle, mid Slngupoie, and she was Ire- quently obliged to navigate under sail alone, The surveyors who oveihauled the ateumci at Noumea Tepoited tliat hei calking was hi a very bad state irom the stiainlng she liad undergone, and the drought to "which bur Bides had been exposed tor so long. The steamer was In guch a condition that she could not liuve been even towed fioin Noumea to Australia without having her Sheathing removed, and being calked nlrcah inside and out tier boiler-b and engines were woin out 1'iom long use, oi damaged oi broken. The stcuuier had therefore been con¬ demned, not from sea risks or bin uitry of the captain, but Uoin ngc.and lotteness The insurers were, consequently) not liable, und judgment mustbo given against the claim. nriis OF LADI>Q., The United States GliLUit Court of St. Louis, Judge Tieat presiding, has iccently decided a case of much Intel est to business 4. men. Itapncarqthat on Noveinber28,1878, defendant shipped to plaintiff at GliiBgow, Scotland, 750 bands oi lloui, to be sold on commission. The bill of lading called for tho shipment by a sailing vessel. As It w as not known to tlio shippers at tho time oi taking the bill of lading by u hut particular vessel the flour was to go, they waited until the Merchants' Despatch Ti asportation ( onipany wired them from New Yoik that the flour would go by the bark Cyprus, when they obtali.ed liiflurunco puj utile to their order, sotting fortli that the flour wus In¬ sured on the bark Cyprus. The insurance cortllieato and bill of lading Is endoited in blank ami attached to a dralt drawn at 00 days' sight oij plajntifl. On presentation ol the bill plaintiff accepted the same on the faith ol tlio documents attached. Tho bill nas piesentcil on the 18th of Deccmbei 1878. The Houi did not go forwaul on tho Cyprus, but on the llilli of Januiiiy, 18711, plulntlfl was notlfled ot tho anlval of part of tho Houi In tho steamor Geoigla. Ho theiuiipon paid tho draft and obtained possession of the bill of lading and accepted 200 bin ids, w hi j|i was all tlio Georgia hud on boaid. On tlio 31st of January there wee rumors In Glasgow of the loss of the steamer Zunzlbui, trom New York, and plulutW, on Inquiry, found that tho remainder ol the Hour was on board, lie cabled that fact to defendant, requesting him to protect mutual Interests. No change of Insurance had been made from the CypniB to the Zanzibar, anil the flour was in fact, uninsured, and defendant, liom tho (act, that there wcro rumois of the loss of the Zanzibar, could not insuic. The Zanzibar went down In mid-ocean. Tho proceeds of the floor sold did not reimburse ■plaintiff for tho advance. Tho defendant jot up that tho loss linprened through the negligence ot plalutill In not notifying of tho arrival ot a pintlun ul ILe lloili In the tGeorgln. The cum whs iihdciiilj In the September telm, und a verdict wi|» renderfitl In ritvorofthc pliiinilfl for $1,0415,70, stibjoot to tho opinion of the court. Judge Trent has rendered the following opinion, overrul¬ ing defendants' motion. Motion for judgement lion obstante. As Intimated ut tho trial, there In nothing In the facte shown to tnko thocnPo. out of the general rule. Tho nuthoiltles cited In de¬ fendant's bilof establish nodoetrlne whereby defendant can be relieved of his liability to plaintiff. The common currier It liable to the defendant, und w bother the plaintiff could, under some cpntlngcnclop; lisve main¬ tained aii'itctlnn against the carrier does not change the aspects of this case. Pilmurily, the defendant was bound to respond to the plaintiff, and the plulntlfl hnd the right t'o j,ely on the acuuriicy of the papers foi warded by the delundant, on the faith of w hlch the" draft was accepted and paid. What was done by pluliitifl on receipt of some portion of the shipment on tho Geoigla, and In cabling news concerning the Zanzibar, (lid not change the obligations oi contract, but was merely for defendant's benefit, of which lie can not bo heard to complain. The gen¬ eral rule is based on sound principles, and should be enforced. Resort to commciclal paper in foielgn or domestic commeice cur; rles therew 1th the law nierchutits exact. A bill ot excliungo with bill of lading und an Insurance certificate annexed does not com¬ pel the acceptor of tho bill to icly for te* lmburscmeiit on false bills of lading and certificates, without lecourso on tlio drawei. Tiuo, the acceptor, Laving rocel\ed the bill of lading, and acting us consignee, must do what Jho i tiles of agency require us to the receipt and sale of the shipments actually made .is designated. In this case the bill of lading did not covci the shipment; and a* to the cerl'iflcute of iusuiuncc, the plalutill hud nothing to do,—that Is, he was not bound to Insure,—for tho^flour went foiwardon defendant's account to whom, In the event of loss, tho insuinncc money would have gone or been applied on his drult. The motion is ovcriulcd, ami judgement will be ontoied according to the verdict. GENERAL NEWS. Drift ice in the Tennessee river lias stopped navigation. The Hudson ilvei Is closed for navigation above l'oughkoepsle. Thunder Bay U frozen across to tho Wel¬ come Island, a dlbtanco of fU'e miles. -Mtv-Weinple- mtrodHolog-a-WH- in the House for an appropriation for the permanent improvement of tho Erie Canal. Twenty-six thousand pounds was oflcied for the Iumau stoamoi City of Now York at Liverpool Thursday. No bid wns made for the City of Paris. The remains of Cuptiiin Webb.kll'ed while attempting to swim the Niagara whirlpool, Were finally interred at Suspension Bridge, N. Y. Thursday, with Masonlchonors. At a meeting of the Somite Committee on Commeice Mr. Gibson's jolnt-iesolutlon, appropriating $1,000,000 to bo Immediately available to continue the improvement of the Mississippi river, was agioed to. Tho Ilouso Committee on Rivers and Hui- bois referred the subject ot t{*c Iminedlato appropriation of $1,000,000 for tho Improve¬ ment of the Mississippi of a sub-Committee consisting of Hluiichurd, Gibson, and Hender¬ son, of Illinois. The covontlon of the National Marine En¬ gineer's Assocatlon at Pittsburg adjourned after Installing ofllcers. The next mooting will bo hold In Cincinnati tho second Tues¬ day In January, 1885. . The Montreal Corn Exchange desires abolition of canul tolls, recommends free Interchange ol American and Canadian pro¬ ducts, and believes that imposts ot shipping by the St. Lawrence route should be abol¬ ished. The outlook for 1884 In -the Iron trade In England is not encouraging. Leading Iron manufiicturcis anticipate that there will bo a marked doorcase in Bhlp building, In con¬ sequence of tho expected collapse of specula¬ tive builders. It is piobnblo, therefore that there will bo less demand for pig iron for homo consumption, but tlio iron masters hone for an Increased export trade, which will effect an iiiipiovonieiit In pi Ices Senatoi lluwlnn, of Pi lute Kdwind's Island will ugdii hi lug to the nollicol the Canadian Government"chililm offish mei- chants ot that piovlnce lor lusscn thiotigh the operation of the Washington ireiity, and will urge that these losses bo tecovired bj the government, because the' Dominion re¬ covered f 4,500,000 from the United Stales Government for tho privileges granted American fishermen by tho nemy. The steamer St. Paul, which docked ut 8nn Francisco recently, on her return from the hunting grounds ol the Alaska Fur Compiiiiy.dlscluiigcd (18,000 fcal^klnsvalued ut $1,800,000, the duty on which due the Government In $340,000. The skins were be lug suited und packed in bniiels containing about sixty each. .Tlie bnnels nrc ninde^ tight, nnd when toady shipped to London, where tho skins a'e piopcrly cured, then phlpped to the Uuile'd States The House Committee on Commerce" de. elded to hear aigiiiiients oir January 21, 25, and 20 of any persons deshlugtobc houtd against the pending bills for the legulatlon of Intersato commerce, and aigtunents In favor of tho bills on January 28, 20, and 30, after which thcie will be no public healing without Ike unanimous consent of the com¬ mittee. Mjossis. Davis, Cindy and Long were appointed members of the sub-com¬ mittee to consider tho foreign resti lotions on the importation of American p >rk. The fashion of wealthy jaclit owners spending the wlntei aboard their yachts In southern wutcis Increases ovory ycui, and at present there nre no less than forly-tliree yachts, which IIV the pennants ol British clubs, cruising In the Mcdltei i anean. Among them me nineteen stunners. The Mmqiils of Alison lnta Ills elegant steam yucht, Tltnnln, oil Leghorn; the Maiquls of Bute Ib cruising In his schooner Lady Bird, and u consldernble pioportlon of thoUppor House of Parliament Is nlloat, and among ■ lie peois who are thus enjoying themselves are the Enil Curtlinees nudLords Wolverton, Ash- burton and Paget. The discussion ofthc two proposed ship ping lofoimsof Mr. Cliamboilalu. Piesl- dentofthc Boaid ol 'liade, London con¬ tinues, and now assailants'of the piojccted laws atiso ovorj dnj. Among the now uigii- inentB ndiunced Is one to the eftect thut the pioposed luw to limit muilne insurance to two-thiid" llie value of.tlie fielght and ves sols wuuld result In thionlug the uinjing trade into the hands of the great companies which can affoid to be their own under- wi iters. It is also urged that the numbei of persons who Insuio their vessels and curgoes with criminal intent Is proportionally small and that the underwriters may bo relied upon to discourage a system under which they must Inevitably lose. A LYNCH COURT ON LAKE ERIE. Sjxctul Coneaiioiidence Marine Record Deiiioit, Jnnunry 14, Dm leg tho navigation of 1847 n goutle- m'anty looking blackleg took passage nt Bui- fnlo on board the steamer Superior, Captain Davo Wilklson, which wiib on her last trip up foi tho season. He took a deck passiigo, so ns to give him u chnncc to beitb with whom he pleased In the steerage. He soon selected as his victim an unsuspecting old man, who had been Imprudent enough to show considerable of u puiso of money In making change for his larc. The fellow managed to get into the Biunc bcith with the old mun, but appeared vciy lestlcBS until sometime about midnight, when Iiq disap¬ peared. Tho old man missed a suspender button, pocket, nnd his purso with $00 in It, whon ho awoke in the morning. He made complaint tothoenptninnud pointed out the fellow-lodger, whoieupnn a senich wns In¬ stituted but nothing found. All wore sntls- tlod of tho fellow's guilt nnd n lynch court was immediately oignnUcd to make the rob¬ ber divulge. Captain Wilklson presidod as judge, claiming mnrltlruo jurisdiction In all suoli cases, The fellow wiib arraigned, the prosecuting witness sworn, the jury lboked daggers at the villain and ho "caved." Ho Bidd the money would be found In one of tho vvntci closets, which wns bo, and the same was loslorcd to thc-old man, The judgment of the court wiib that the culpi It Bhoiild have "ropo's end" thrco times and ropoat. Two stalwart men took him tiy each hand and extended his arms while Jack executed the •ciilencc. 'lhis took pluic about fllteeu miles oil Cleveland on a hiindav morning. The fellow was put ashoie at that poit, and dbo way In) milled was n caution to tho cia(t. ' - OLD T1SJK I'OETBY.- The follow Ing lines complimentary to an old veteran whom many wilt still remember uppenrcd forty ysars ago-: - Hot all yo trsValera to ibo Weatl If you arc bound airosathe lako, And wish lo toko tlio bi «t that's bast, (Jo on tlio Illlnoli with Wake. A voteran both hyland and tea, HaInflfflia* brand t ffstoroiymnln, And nmongat tho foremost, too, was ho. In tho gioat fight atLirndy'sLano. And now, the din of battlsp at. And smiling peace reatirod agalh, too proudly floating from his maat, Uui nation'! banner o'er tho main Stevo Nowhnll, toq, la nt his ro«t, A nmn of aclonco oa to alonm, Of enutnoori ho Is ihs boa*t And nonoordangornood to dream. Thoitownrd Wynconp la on board , 'Mono t.nlciireijienaa the name , Of Itcplng his rich ludoraturod ' Witti luxurlca, fish, floah and game -*' In short, tlio boat wo recommend ItoraatLty, cotiifort.And lor speed AndI woruiiy wo adviao each moml, ■4wr hli-jiw n sake, tulanoiioo hoed. bliccom attend you, tunny bonl, Tho prlde'aiid glory.JiIiao-lfl.ke Alid piny yo both forever tloai Tho Illlnoli and Votoran Blalfo. THE BENJAMIN F. PACKARD, Special C'orretjmidenceqflhe Mm iue Record New Yonk, January 15. One of tho finest sailing ships thut has ever borne the stars nnd snipes Is now loading a cargo ol general meichiiiidlso at this city, bound around the "Horn" tor tho Golden.Gate of Sun Fianelsco. Thissuperb ellppi-i Is the new three-masted wooden ship, Benjamin F. Piiikard, named so In honor of the esteemed gentlemen, who Is a member of the linn that built her, Messrs. Goss, Savvjci, Putkatd & Co , ol Bath, Me., the home ol wooden shipbuilding in the United Suites. This splendid specimen ol naval mcliltei turo In wood, has a model like a yiiLht. Hei lofty spins give symmetry to liet long black hull. She was launched No- vembpi loth, and the following figures will convey an Idea of'hei goodf/slze. She Is 200 feet long, 11 Icet buim, nnd 27 feet depth of hold. Het_caxryiujr_cju2aclty is 3,306 tons, tegistered tonnage, 2,200 tons, dead weight ol uugo, which will loud her down so that she will diaw about twenty* four fiet of watei aft. A veiy conspicuous peculiarity about this Yankee ship Is that hei lowei limits are made ol mild steel con¬ structed by Ihe Goss Marine Iron Works, of Bath, Me. Slicls theseiond American ship titled vvltli steel masts. The weight of cargo she Is able to curry Is only exceeded by one -I ft. - j or two ships afloat, the hirgo tour-masted- ship Ocenn King, of BobIoii, being ono of tho exceptions, the'Donald McKay, built In tho sanio city ubQiit a quitrterof a century ago, being another. Her metal masts aio lighter than If they hud bcon built of pitch pine. She will spread a big show of snowy white canvas, and it Is likely that Her sharp build will enable her to make the pussuge to California In a llttlo over 100 days. The large anchor on her port bow Is a pat¬ ent one nnd the ono on the starbonid side Is uii' ordinary common one. The benutiful machine woiked bj a capstan on the foie- cnstle, for lifting Iter anchors, Is one of tho I ingest size for a Bulling vessel, and 1b made by the famous American Ship Windlass Co,, of Piovldencc, R. I., whoso patent capstan windlasses aie the admiration of tho seamen of the world, I lei steering gear is tho beBt that could bo piovlded uud no yAchOn tho luu bor hub nny bettor. Her cnbin Is mag¬ nificently finished In inuhognnv, rosovvood, and Fioucli Court panels. At one end of tho saloon is a beautiful marble-topped, roso- vvood sideboard w Ith a slated rail, support¬ ing a niasslvo silver vvuter pitcher, oonvcylng a look of luxury not surpassed on a steamor. The companion,way stair is furnished with an ebony hand rail icsting in silver supports. Captain Watcihouse, formerly of the steamer John Smith, Ib 'the proud commander of this white-winged onrrler of the sen. He Is also one of the prlnolpal owners of his flouting cluirgo nnd thinks tho Pnekaid compares very favorably with tho finest and largest ships nflotlx, either Britisli or American, She is without a doubt, far superior to tho avcrago run of sailing vessels and a veiy valuable accession to our declining merchant marine. Her loading berth is at the foot of Wall street, In Van Vleck & Co.'s popular line, nndBho will he icull) In the i noise of a few days to bow hei lospectstonld Neptune and IlnroiiB. G. FOslKIt Hovvklu c f !