THE MARINE RECORD. i' maKinkla-w. O- AUANDONMKNT. Parti Tribunal of Commiree.' The itrnnialilp Indln.—The plnlntlff in this suit win the Miirqula de ItnyB, who Ig nt thla moment being tried for fraud In con¬ nection wltl) the unfoillimic expedition to found n colony nt Port Breton". The Irjtllii, which he luad purchased lo" tnke out colonists wna Insured with the Gnronne, Cerclo de Triinspnns, Chnmbre dea Assurances Mu'rl- times, nnd Frovlden^o Companies, for a sum of 17o,000f, on the 15th ol September,.1880. The steamer wns then nt Singapore, but left on the 21st of September for Port Breton, where she arrived on the 14th. of October, She roumlneillliore fdiir months anil seven day?,nnd on the 21st Fcbrunry, 1881,,left for Nounien, nt which port she arrived In a dcmiigcil state on the 12th of March. She .wiib there overhauled, nndPon the demand of the captain, the local Trlbunnl, on March 20, i£iuve judgment that the steamer wna un- sonworthy, and as (t wus ImpbsBlb'o to re- pnlr her in tho port, the Trlbunnl ordci'ed her to be sold. The Insurers refused to accept abandonment,.and UiIf suit wiib.brought to ot\forCe payment of tho sum for which tho steamer was In insured. The Tribunal said, In giving judgment, that It wns'showi) by the steamer's lug that she did not encounter any.bad weather on lier voyage from Singnporejo Port Bruton and Noninen; but tlieHsiiglnes nud' boilers were iifii bad condlllon, notwlthatnndlng the repairs effected at Suez, Aden, Point lie Guile, and Singapore, and she was fre¬ quently obliged lb navigate under snll alone, The surveyor* who overhauled the sleami'i- nt.Noumea reported that her calking wax In a very bnd state Irom the straining she had undergone, and the drought to which her Bidet, hud been exposed tor so long. The steamer was in such n condition that she cpuld not huve~~b«cn even towed from • Noumea'to Australia witliout having her Bheatliiu^ removed, and being calkeil afresh Inside and out. Her boilers and engines were „ worn out from long use, or damaged or broken. The stenmer had therefore been con¬ demned, not from Ben rlsksor barratry of the captain, but trom age and rotteness. The insurers were, consequently, not liable, and judgment mustbe given against the claim. - The HILLS 01' LAD1NO. United States Circuit Court of St. Si'plembcr teim, iintl a verdlet wna rendero'tT In fnyorof tho plainiM'for $1,045,70, subject to the opinion of the court. Judge Trent has rondered the following opinion, overrul¬ ing defendants' motion. • Motion for judgement lion obstante. Ae Intimated nt tho trial, there Is nothing In the facts shown to tnlto tho cneo ou.t of tho general rule. The authorities cited In de¬ fendant's bilof establish no doctrine wlioreby defendant can be relieved of his liability to plnlntlff. The common .Carrier Is liable to the dofcildnnt, und whother the plaintiff could, under some contingencies, have nndii- tnlncd an action ngnlimt the carrier does npt ehnngo the ntpecta of this case. Primarily, the defendant wus bound tOM'oepoiid,'to,tlie plaintiff, ami tiie pjtilntlft imd the right to rely, on the ncuuraey of tho papers forwarded by tho delenthmt, on the faith of u hlch the draft was accepted nnd paid. What'wnsj doiic by plaintiff tin receipt of some portion ■of tho shipment on the Georgia, nud In cabling nows concerning the Zanzibar, did not change the obligations or contract, but wns merely forjlefendnnt'sbenellt, of which do can not bo heard to complain. The gen¬ eral rule Is based on sound principles, and should be onforced. Resort to commercial papetiu-forelgn or domestic commerce car¬ ries therewith ihc law merchants exact. A bill ol exchange with bill ol lading and an Insurance ojirtlficiite annexed doos not com¬ pel tho acceptor ot the bill to rely for re¬ imbursement on false bills of lading and ccrtlflcateB, without recourse on the drawer. True, the acceptor.jiaving received the bill of lading, nnd ncthig lis consignee, must do what the rules of agency require as to, the receipt and sale of the shipments actually made as designated. In this 'case the bill of lading did not cover the shipment; nnd he to tho certificate of insurance, the pluiutltl' hnd nothing to do.—that Is. he wna not bound to Insure,—,for tho flour went forward on defendant's account to whom, In the event of loss, the Insurance money would have gone or been applied on his drnlt. The motion Is overruled, and judgement will be entered according to the verdict. GENERAL NEWS. Drift Ice in the Tennessee river has stopped navigation. The Hudson liver Is closed for navigation above Poughkeepslc. Thunder Bay U frozen across to tho Wei- V —T^mlgrfrmrgtrrrart-rmjiMl^ decided !i case of much interest to buslncBa men. It appears that on November 28,1878, defendant shipped to plaintiff at Glasgow, .Scotland, 750 barrels o( Hour, to be sold on commission. Tho bill of lading called for tho shipment by n Balling vessel. As it win not known to tho shippers at tho time of taking the bill of lading' by what particular vossel tho flour was to go; they "waited until tho Merchants' Despatch Transportation Company.wired them from New York thnt the Hour would go by the bark Cyprus, when they oblalt.ed insurance, payable 'to their order, setting forth that the flour was in¬ sured on the bark Cyprus. The Insurance eortllleato and bill of hiding is endorsed In -blank and attached to a dralt drawn at 00 days' sight on plaintiff. On presentation ol the bill plaintiff accepted the same on the faith ol the documents-attached. The bill was piesentiid on the 18th of December 1878. The flour did not go forward on the Cyprus) but on the ldili of January, 1870, plnlntlff wna. notified of the nrrlvnl of part of tho flour In the steamer Georgia. Ile'thcreiipon paid tho draft and obtained possession of the bill of lading nud accepted 2&9 barrels, wlikii wns nil the Georgia hnd on board. On the 31st of January there .wco rumors' In Glasgow of the loss of the steamer Zanzibar, trom New York, and plalntlll', on Inquiry, found that tho remainder of the flour was on, bonrdi Ho cabled thnt fact to defendant, requesting him to protect mutual Interests. No change of insurance had been made from the Cyprus^ to the Zanzibar, and tho flour was In fact, uninsured, and defendant, from flio (not, that thoro were rumors of the loss of tlio" Zanzibar, could not insure. Tho Zanzibar went down in mid-ocean. Tho proceeds-of the floor sold did not reimburse plaintiff for the advance. Tho defendant, set up that the lnm happened (hrnugh the negligence of plaintiff in not notifying of the arrival of a portion of He flour In the Georgia. The cn»i was tried early In .the Mr. Weinple thinks of Introducing a bill in the House for an appropriation for the permanent ImprovemenUof the Erie Canal. Twenty-six thousand pounds wns ofleied for tho Inmaii steamer City of New York at Liverpool Thursday. No bid wns made for the City of Purls. The remains of Captain Webb,' killed while attempting toBwim the Niagara whirlpool, wore finally interred nt Suspension Bridge, N. Y. Thursday, with. Masonic honors. At a meeting of the Sonafe Committee on Commerce Mr. Gibson's joint resolution,- appropriating aJKuOOJiOO to bo Immediately available to ,*oiul|ii/e tho improvement of' the Mississippi river,jViwjigrced to. The House Committee oiiltlvers and Har¬ bors referred the subject yl'-tbe immediate appropriation of $1,000,000 for the improve¬ ment of the Mississippi of a Biib-conimittee consisting of itlauchnrd, Gibson, and Hender¬ son, of Illinois. The coveiition of the National Marino En¬ gineer's AsBOCiitlon at Pittsburg adjourned- after installing.ofllcerB. The next mcotlng will bo held In Cincinnati tho second Tues¬ day hi January, 1885. The Montreal Corn Exchange desires abolition of eamil tolls, recommends free, interchange ol American arid Canadian pro¬ ducts, and believes that Imposts ot shipping by the St. Lawrence route 8lioul»rt»k!ibol- lalied. Tho outlook for 1884 In the Iron trndo In England Is not cncournglng. Leading iron manufacturers anticipate that there will bo a marked - decrcaso In ship building, In con- scquouce of the expected collapse of specula¬ tive builders. It is probable, therefore thnt there will be less demand for pig Iron for homo consumption, but tho Iron mnstqrs bono for nn Increased export trndo, which will cfl'ect an Improvement In pi Ice*. Senator llnwlai', of 1'iince Kdward's Island will agdii bring to the noik-c ol the . CrijinJIhn'Govoriiiiii-iit'i-liililiB.of Huh mer- uhnnta ol that province fur loxsea through flic operation nf the Wnclilngfon Irenly, nnd. will urge that these losses bo iecovired,4iy the government, because iho Dominion re¬ covered 14,600,000 from the 'United Stntca Government for tho privileges granted Ainerlciii) nViicrmcn by tho treniy. The steamer St, Paul, which docked at San Francisco recently, on her return from the hunting 'grounds .ol [he Alaska Fur Company, discharged (18^100 peahklns valued nt $1,800,000, the duM1 oh which due the Government ln'$340,000. Tho skins were be¬ ing united jiml packed In barrels containing about sixty each. The. ban els are made tight, nnd when toady shipped to London, where tho skins a'o properly cureil,' Ihen shipped to the United Slates. The House Committee on Commerce de¬ cided to hear arguments on January 21, 25, nnd 20 of any persoiiB desiring to bo heard against the pending bills for the.,regulation of IntersiUe commerce, nnd arguments In favor of the bills on January 28, 20, and 30, after which there will be no public (hearing without il c unanimous consent of the com¬ mittee. Messls. Davis, Cardy and Long were appointed members of tho sub-corn- tnltteo to consider the .foreign restrictions on tho importation of American p->rk. The fushlon of wealthy yneht owners spending the winter aboard their yachts in southern waters Increnses every yenr, nnd at present there nre ho less thnn forty-three ynchls, which fly the pennnnts of British club^crulslugin the Mediterranean. Among thchi are nineteen steamers. .The Miiiquis of Alison Iiiib his elegant steam yacht, Trunin, oil Leghorn; the Marquis of B'uto Is cruising In his schooner Lady Bird, and a considerable proportion of the Upper House of Parliament Is afloat, and among ,he peers who are thus enjoying themselves nre the Earl Carthness nnd Lords Wolverton, Ash- burton nnd Paget. The discussion of the two proposed ship¬ ping reforms of Mr. Chambeilalu. Presi¬ dent of the Hoard ol Trade, London con¬ tinues, and new assailants, of the projected laws arise every day.' Among/he new argu¬ ments advjuicjjd__ls one to the eNect thnt the proposed-law to'limit marine Insurance to two-thirds the value of the freight and ves' sols would result In throning the carrying trade Into the hands of the great companies which can afford to be their, own . under- writers. It is also urged that tlui-iuHfilieiYOf Iho way lie mizzled was ii.cniitloii to tho t'l-nlt. '. OLD TIME POETRY. The following Hues'complimentary to an old veteran whom many will still roindmbor appeared lorly ysnrs ago: , flu! nil yo traveler! to iho Woitl If you arc bound atroaa the fako, And will; tojako iho ant thnt'i boat, -« doon'tiielUJnoU with Blake', A Totonn uoth-hy land and sua, He long ha* braved t,e Htormy main, And nmongtt tho forAnwt, too, was he, In tho gicat tight atLinnly'a Lane. And now) the din ot battlepat, . And smiling poaco TOitwx1 again, f eo proudly floating from hli mart, Our nsllou's banner o'or tho main. Stevil Nawhall, too, In at his r o»|, A mun of aclcnco as to itonm, Of engineer* ho Is i ho boast. * And noueof dangornoed to droani. • ThoitowardWynconphion board. iMona t • nloiires he hoi the namo Ot kopplng Itls rich linlor stored With luxuries, ash, flesh and gamo. I,n short, tho honl we rocomniend Kor safety, comfort, and lor speed. And warmly wo ndviso one h Maud, For tils own nnko, thisnollce heed. huccoss uttond you, hoilny l>oiil, Tho pride and KlrtYy of tho lake. And may yo both forever float. Tho Illinois mid Vaterun Blake. J. W. H. persons who Insure their vessels nud cargoes wltl: criminal Intent Is proportionally small, und Mint' the underwriters may bo rolled upon to dlscourngp a system under which they must inevitably lose. A LYNCH COURT' ON LAKE EKIE. Sjxclal Corrtsjnntlcilbe Marine llecord. Dktiioit, January 14. During the navigation of 1847 a gentle¬ manly looking blackleg took passage at But- fitlo on board the steamer Superior, Captain Davo Wilklson, which was on her last trip up for the season. He took a deck passage, bo as to give him a chance to berth with whom ho pleased In the stetrrngc. lie soon selected as his victim an unsuspecting old man, Who had been imprudent enough to show considerable of a purse of money in making change for Ills lure. Tho follow managed to got into the sumo berth with the old man, but appeared very "restless until sometime about midnight, when ho disap¬ peared. Tho old man missed a suspender button, pocket, nnd his purso .vlth $00 in It, when he awoke In tho morning. Ho made complaint to tho captain and pointed out tho fellow lodger, whereupon a search was In¬ stituted but nothing found. All wore satis¬ fied of tho fellow's guilt nnd a lynch court was Immediately organized to make the rob¬ ber divulge. Captain Wilklson presided as judge, claiming maritime jurisdiction In'nll such cases. Tho fellow wus arraigned, the prosecuting witness sworn, tho jury looked daggers at tho villain and ho "caved." Ho said tho money would be found In one of tho water closets, which was so, and tho same was restored to tlio old man. The judgment of tho court was that thocrflpiit should have "ropo's end" throo tlmes'and repoat. Two stalwnrt men took him by each Hand and extended his arms while Jack executed tho kculcnce. This took plui'C nbojit llftocn miles oil 'Cleveland on u Miudiiy morning. The fellow wns put ashore at Unit pint, and THE BENJAM IN FJ PACKARD. ' Special Corrujicwteiice aflht Mnrikt Ittxortl. ' Nkw YOnk, January IB. One of the finest sailing ships that has ever borne the stars nnd. stripes Is now loutRtig a cargo ol 'general riierolmndlBC.nl this city, bound around tho "Horn" for tho Golden Gate of Sun Frnni'lsco. This superb clipper i» the new three-masted wooden Bhlp, ■Banjnlnln F. Packard, named so in honor of the esteemed gentleman, who Is a member of the lirm that .built her, Messrs. Goss, Sawyer, Packard & Co., of Bath, Me., tho home of wooden shipbuilding in the United Slates. Tills splendid specimen ot naval architecture in wood, has a model like a yacht. Her lofty spins glye symmetry to her long black hull. She was launched No¬ vember lKth, and tho following tlgures will ' convey an,Idea of her goodly size. She Is 200 feet long, 14 feet ben in, nml~2711ootr— depth of hold.' Her currying capacity Is 3,300 tons, registered tonnage, 2,200 tons, dead weight ol cargo, which will load her down so that she will draw about twenty- lour feet of waiter aft. A very conspicuous peculiarity about this Yankee ship Is that her lower musts are made of mild steel cou- striicicdb'y Hie Goss Murine Iron Works, of Bath, Me. She Is the second American ship lilted Willi steel mustB. The weight of cargo "she Is Ifble to cm ry-la-only—exceeded-by-ono—- or two ships afloat, the largo four-masted jiship Ocenu King, of Boston, being one of tho exceptions, the Donald McKay, built in tho some city about a quurler of' n century ago, being another. Her metal masts aro lighter than If they had beon built of pitch pine. She will spread a big show of snowy white canvas, und it la likely that her sharp build will enable her to make the pnssugo to California In a little over 100 days. The large anchor on her port bow Is n pat¬ ent one and the one on the starboard side is an ordinary common one. The beautiful machine worked by a capstan on the fore¬ castle, for lifting her anchors, Is one of tho largest size for a'snlllng vessel, and Is made by tho famous American Ship Windlass Cb,, of Providence, Ii. I., whoso patent capstan windlasses aro the admiration of the seamen of tho world, Her steering gear Is the best thnt could bo provided and no yacht in tho harbor has any bettor. Her cabin Is mag¬ nificently finished in mahogany, rosewood, and French Court panels. At one end of the saloon is a benutlfuUiiarblc-toppcd, rose¬ wood sideboard wdth a slated rail, support¬ ing a massive silver water pitcher, convoying • n look of luxury not surpassed on a stonmor. The compnnlonway stair Is furnished with an ebony hand rail, resting in sliver supports. Captain Wuterhouse, formerly of tho steamer John Smith, is tho proud commnndor of this whlto-wlngcd carrier of the sen. He Is also one of the prlnolpsl owners of Ills floating chnrgo nnd thinks the Packard compares very favorably with tho flnest nnd largest ships afloat, cither British or American; She is. without a doubt, far superior to tho average run of sailing vessels und a very valuable nccession to our declining merchant marine. Hor loading berth is at the foot of Wall street, In Vnn vleck & Co.'s popular line, nnd-sho will be ready In the ciuiucuf a few days to bow her lesptclstoohl Ni-ptiiue and Boreas. G. FOsTKIt tfaWKLL.