The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-11-12
lYoLuxs 2.

s-s.-rss.s..sssi z2,ass.ss
IS produced on that point. fhail ,herefors
pals II over, rs well as the next relation TO th.
iegaIiy OF the capture, that being already coat.
dered fully in the firt part of this decree.
ne 'ait and only remaining queRion 10 Re
conndered IS refpeeting the identity of the ar
t'cies hoeilsd againit-It appears from th., rs..
turn Of the martial on the frft syarran, that he
arrsted 20 hbds. tierces and fatks of coffee,
winch by the claim and aniwer of Mr.. uimili h..
acknowledges to have been imported in the
ichooner Sarah and coniigned 10 him by Natha
MEL bingey. Thi; part of the Sdral's CARGO,
nad never been removed from the time it was
m.PPeu at Port-an.Prince until the Sarah arrit:
cd IN this port, and the counftl for the claim.
ant acknowledge the evidence as REFLECTS tbef.
articles, IFrogy though not toaelufy.. Itsve y.
douot on the thatter, and therefore decree fcf;-
tution thereof with cofts-Ihc mar,,,ar returrs
on the iecond warrant, that he bad arrefled Al
nhos. coffee as mentioned therein, part marked
VIZ and part HH, thete marks agree with tho
original invoice at Port-au-P rince--They were
imported here and landed from he Gchooners
Example, capt. Colt, as appear ) by his n,an,fejt
dsliveredt to Mr.. Thompfon, the boarding orr.
cert appears that the purchafed Part Of the
lcnoohers cargo at Baracoa that the fchconer
Example, which he commanded there, was car.
ned along Tide the Sarah and took out Great par.
or her cargo Ill the night and brought it To this
port. Richard Smailwood, cutom-houre Off.
Ger, weighed the cargo of the fchoonc, Exan.
pie, II contited of hht,s. and bags Of coffee and
part IN bulk; fome of the hhds. were marked
HR, but the II was fcratched over by TIE rnat,
to make 1t agree with the permit.
Park Avery lays, MIR. GIoning p,irchafed 81
hhds. aud other. fn,ai parcels of coffee from
Mr.. Hiniii in May lat, imported in the fchoor.
er Example by the mark II /; there was wy
and TX on fome, Others had been dubbed cur,
% thnfrs m kcI
had been done prior TO Mr.. Grorine's purchafs,
who was ignorant of any claim to them.
Capt. Mihr proved the removal of part of the
cargo from the Sarah 70 the Example at Bsra,oa,
at night.
James Gabeau proved the landing of about so
hhds. OF coffee from the 1chooner Example,
marked WP, he ihaved the marks out from ths
hhds.
Capt. Dickinfon faw 40 hhda. of coffee turned
ont OF Mr.. Cronng's fore, he could make oms
the old marks of WP aud HR, one OF which hai
paint bruh run acrofs it.
Mir. Martel was prefcnt when the marll,ai
feized 10 hhds. coffee from MIR. Grooming; the
marks were fcratchtd out, fome with paints,'r
bruih, others with 4 cooper's axe, the oficina,
MARKS however, WP and HR were nil difcera-
aDe, and the whole weie new nlarkad H. many
of thofe marked WP, were done by himtc,f n.
Fort.au- Prince.
MIR. Ludiman, the deputy MARTIAL, fags he
feized 40 bids. of coffee In Mr.. Groning's rrf.
ieihon, who faid he had purchafed them T-o,n
Mr.. Himlli; they had been originally marked
In the center OF the head WP and IR, forne
were dubbed OH and others blackened oyer, and
they were all new marked with the letter II.
Here then is evidence of SO hhd,. with thrrs
marks having been landed from the Example,
Evidence OF part OF the cargo Of the Sarah being
put on board of herin the night; further eyi.
dence of the cargo of the Sarah having been
Purchaied by capt. Colt for MIR. Bingley OF his
coniisning it to MIR. Himili, and Mr.. Himiii
telling It to MIR. Grooming of all the marks be-
Ing altered after her arrival here, but they we+s
to vilibie AS to be plainly difinguiihet, and al.
this from the evidence CT feyen different wit.
nefIes.
Compare this with the cafe quoted from, Re-.
Onion Kept. 93S, then the coiirt fiid IL did nor
HoioinfeIy appear, that the iliip was the f,mc.
and the property may have undergone conyer.
hon by fair fale----Here there can be no donbt
either as to venel or goods it 10 fcarcely pofIib!e
ever to obtain clearer evidence than that before
the court---Thc articles are the fame and no q.
violence is produced, to thew that the original
owners have ever been legally diveied of them,
am therefore OF opinion that reRitniioa Of the
hhds be al)o made, and decree accordingly.
but without COTS. AZ to Mr.. Groning's fb.J
were innocent purchafes, and although tAey
may have their remedy over, yet they ought
not TO he faddled with the COTS Of the ,ib.I,
theirs is different from BingIey's purch ne who
knew the ftuatiou Of the yeiTei and cargo, al
capt. Muir fayS, he heard him declare tbat.the
captain of the priyateer was wrong to give up
the vsdeis papers, as there would be fome diff.
ficuity in condemnng her, let theft parties
therefore each pay their own COTS.
AS notice of an appeal has been pnbliciy givs
en-, have entered more fully into the reaion oS
my decree, than ufual---I have maturelv wrighA
ed the argufnents Of the counfeI and conGdered
the circumstances of this cafe and having deter
mined 10 the BET Of my judgment ! reft per.
feety fatisiled with the decifion OF the fipgriot
tribunals.
APRIL, 1905.