Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1812-11-21

are indebted to a gentleman OF the
Bar. for the interesting Report which
follows:
NETWORK DISTRICT COURT.
The U. States, VS.. PoNea, BuSze, and
Others.
Baldwin, e B. D. Ceder, for the PIT.
j. Radchf, Griffin q Burr, for Dstts.
OnThursday last, the above cause was
brought to trial before his honor Judge
Van Ness, and jory composed OF some
OF the most resp Ctab'e merchants 81 the
city
II was an action Of debt on bond for
the sum Of g $4,000, given in Decem-
Der. 1903 under The first embargo law,
conditioned taat cargo Of Cotton, laden
on beard tie schooner Clarinda, bound
for Boston. should be e~lsnded in some
po,t Of the U. States, danger Of the seas
exceptsd) The defendants, Kip and
Adams, one the owner of the Cargo, and
the other master Of the vcssel, were prln
cipals, and the other defendants merely
.uretiss in the bond. In support OF their
plea, that the cargo was prevented from
being refunded In the United States BY
dangers Of the seas, the defendants pro-
Guced one WIN. Lea, who testified, that
he sailed about the 18th Of Dec. 1903, in
the British schooner Hercules, 6osud to
ST. Jokns, y. R.--that on Wednesday
the SSH Of said month, saw the Clarin-
d. crossing Nantucket Shoals, hoist
signal Of distress, upon which the Har-
cnics, being or 9 miles ahead, slacksn-
ed sail, and when the CIarinds came up,
Adams, the master, requested aid to
save DIS vessel and cargo, and the lives
Of his crew The schConGf Ciarinds be-
ing in sinking condition, the Cotton
was unshipPcd and taken on board the
Hercules. Being then about 20 miles
from LAIRD. and the Clarinde full of water
up to the patches, il was found nccessa-
ry to abandon her. Upon his cross eX-
animation, he stated that the Hercules,
after passing through Hellsate cane to
anchsr about night. The next morning
got under way; and proceeding as tar as
New London, put in there, the weather
being squaIly, and remained 2 or days;
that the Hercules next put into Tarpsu-
lin Cove on account OF the weather be-
ing foggy, and lay there also about two
or threee days, and on the third day pro.
ceeded TO Holmcs' He!e, where she con-
tinsed several days. when he thinks she
~ 10, ~ ~
Ciarinda also arrived there, and the cap
taiDs of both vessels, with the supercar-
60 OF the Clarinda, went ashore toge-
Their. The next morning the Hercules
sailed, and was followed about an hour
afterwards BY the Clar!rda. The Her
cles cutsailed the Ciarinda, SO as to
leave her nearly out of sight, except |
with spy glass, but did not however
shorten sail on that account, until the |
signal of distress, which happened abrut |
o'clock, About IL o'clock, the CAPT. !
Of the Hercules ordered the ballast to |
be ievelled, and chest, with two casks |
of water, to be removed from the run,
and about 4 OF o'clock r. NJ the yes-
sells came along side Of each other -
The Defendants resting their evidence
here, Baldwin, fer the Plaintiffs, opened,
* admitting that the CIarinda had twice
struck on the rocks, once in coming out
of New-Lsndon, ard again off Connect
cut point, proceeded to show that the
loss was, Notwithstanding, fraudulent &
by design; and for thi. purpose, called
one Daniel Boyles, who testified thu, he
was seamen on board the Clarinda dur
ing the said voyage that they first fell
IN with the Hercules at Holmes Hole,
but had previously put into N. London
and Tarpaulin Cove; that when at this
place, captain Adams seeing schooner
coming at distance, said to the .npercar
60 Kip that is not the vessel" and a.
gain when they deserved the Hercules
at Holmes'-Hole, he hoard captain A.
dams exclaim " that is the vessel" He
Iurthsr ratified that the CIarinla first be-
gan to lsak the day Of their leaving