Lynchburg Daily Virginian

The Captain of a Canal Boat Sentenced
to the Penitentiary.

IS IT LARCENY TO SELL A PORTION OF A CARGO?

An interesting case has for some time been pending in the Court of Special Sessions, before Justices Connolly, Steers and Brownell, and was concluded, so far as that court is concerned, this morning.

It appears from the statements of the interested parties, that Daniel Wilsey, the captain of the canal boat Lily, was employed by Dana & Company, of this city, to bring wheat from Oswego to New York. The captain had full charge of the boat, employed and paid the men, &c., and was responsible to Dana & Co., for the safe delivery of the cargo.

On his way down on the last voyage of the season, Captain Wilsey sold four bags of the wheat belonging to Dana & Co., when about two hundred miles from this city; and on coming here with the balance (several thousand bushels) was arrested for larceny.

Judges Beebe and Stuart, and Mr. Spencer, became interested in the case, and, we believe, volunteered for the defendant. They claimed: 1st. That no court in New York had jurisdiction in the case, since the offence, if any had been committed, was not committed in this county. The Court hesitated, and took time to consider the point; and finally overruled the objection, deciding that it had jurisdiction.

The second point for the defence was, that the offence was not larceny or embezzlement, nor even a breach of trust, since the Captain was responsible for his cargo, and custom had established that if, upon weighing the cargo, there was a deficiency, he was bound to make it up; and if, on the other hand, there was a surplus, he was entitled to it.

The defence offered in evidence the account between the firm and the prisoner, and claimed that as the wheat was sold it was duly credited to the consignees; but this was ruled out. It was also offered to show the past business relations of the parties, which was also ruled out; and the prisoner was found guilty of larceny, and remanded for sentence till this morning, when he was sentenced to the Penitentiary for one month.

Judge Stuart remarked that he considered the decision a violation of humanity and of law, and wished the court immediately to note an appeal, and bail would be given at once.

The court remarked that the commercial community was extensively interested in the case, as merchants have often suffered by similar transactions.-N. Y. Post.