Marine Court.
Before Judge Randall.
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JAN. 3l-Wm Oidner vs. D. Lenders 4 Wim. Bsil-Th
action Of espass to damages for an
saut and battery, alleged to have been committed upOr
tie person OF plaintiff by defendants The defendants
this suit filled the resp cve situations of captain and fire.
mate Bell the latter having Gbsconled, present action
is brought against the former In sppeare that in thu


last passage of the brig Helen Mcleod from Baltimore e
Psrnambuco and thence to Rio, Landers, the CAPTAIN,
gave express orders to the mate that least sign
dissatisfaction among the was Immediately in
act such punishment he thought the action required


In the Of the voyage while sailing from Perne
buco to Rio the mate in consequence Of some trivial o.
ence hastened into the cabin. and after having som.
gone up to plaintiff he ordered him aft, and while plaintiff
going aft the mate fred pistol at him, which only
missed taking effect in consequence Of plaintiff Stun
bling. nonsut moved for and granted the
ground that the Testimony adduced not sufficient to
implicate the captain.


MIR. Biby, for plaintiff Mr.. Chase, for defendants.