The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1826-10-19

| '"ai, was cinPnoycu IN Trading With tile
public enemies OF the United States, To
W.T., with sald enemies stationed in the waA
ters OF the United States, 10 wit, the wa@
ters oil the Long leland Sornd and that
said vessel owned aforesaid. on Tho 2d AZ
August, 1913, was in the waters n, nr;s.
diet'on OF some part of the United States.
ana since alter Ave days from the pronrils
ghuon oi the act ofCongrcss Of the Umted
states, entitled All act 10 prohibit the use
OF licenses and passes granted by the auA
thorliy OF the Government of the United
kingdom OF Great Britain and Ireland. nt
The nearest port to which the said vessel
then was and owned and nayiratcd az
aforesaid, has used q license. pass. or 9TH
er instrument granted by the government
OF the United Kingdom of Great Britain
| and Ireland, or by soae officer or agent
thereof, Tor the protection OF said vessel
and the merchandise on board on the hiph
seas, contrary TO the true intent and mcanA
ing OF the act last aforesaid, and other
acts and laws OF the United States, and of
the rights and claims of the United States
as power mt war.
do therefore pronounce and decree tho
said sloop George Washing ton and appurA
tehaces forfeited to the United States, and
do order and decree that the same be sold
by the Marshal Of this District, at public
auction to the highest bidder, at Carlilc's
wharf, IN the town OF Providence, on the
fourth day of March next ut ten o'clock in
the forenoon: that the Marshal give notice
OF the time and place of said sale by insert
ing an advertisement in the Prosidence
Patriot and II. Island Republican, fifteen
days before the time of sale that the pro-
duce money arising from said sale, latter
deducting the costs and charges that shall
be allowed by this Court,) be by the Mar
shall paid to the Clerk of this Court, in ten
days after sale, TO be by him disposed of as
the law In such cases directs. And that d
warrant issue TO the Marshal to carry this
decree into effect.
Thus done and promulgated at the Court
House, in Providence, this sixtoetIi day OF
February, in the year 1914.
DAVID HOwELH
Appealed by claimants.
Witnesses examined and sworn on trial,
in District Court, viz: VIM. Rogers and
John Clark.
Rhode. Island Disi,ic., sc.- Clerks Ofiices
| u. 5. District IN Providence, Oct. ~, 1926.
] hereby certify the foregoing are true
copies OF the Libel mud Decree, ~ the caso
OF the Information, United States W. sloop
George Washington, as appears on Record
duly examined by me. ] also certify that
il appears that William Rogers and john
Clark were sworn and examined as witness
sea on the trial of said Information.
BENJAMIN COWELL, Clerk.
II will appear from the law referred 10 in
the libel and dccroc, Ito which law the reader
is roferrod) that the private iitf0fn,er is enti~
TO ono halfthe forfeiture "upoh producing OF
procuring evidence of tho fact" After this
decree Of condemnation, there was an appeal
taken by the respondents to the Circuit Court;
and before the time Of trial There, Tire Hcspond-
ents,' procured TO bo taken in the city ofNew-
/ York, the deposition Of the same VIM. Rogers,
who is mentioned before, by which the testi-
mony given by him and the said Clark in tho
District Court, and OH which the vessel had
been condemned, was totally discredited The
deposition of Clark, which was taken for the
claimants, under commission 10 Mr.. Tilling-
hast, was TO tho same effect; the witness re-
tracing all the material facts which he had
previously sworn TO in the Court below. Un-
: der these circumstances on the case being CALI
ed, moved a continuance, thereof, with
view TO give the private informer time to OBJ
tnih other and sufficient testimony; but tho
motion was overrued, and the ease ordered to
trial, and on trial the vessel was acqmtted'
, The appeal to the Supreme Court was then
taken with the same view, viz to grvc the
private informor a further opportunity to OBJ
tain the requisite evidence and Tor the sans
purpose. The evidence of William Rogers
and John Clark and the adjudication III ue
Circuit Court will here follow.
The Deposition Of John Clark, OF newport,
IN the state Of Rhode Island and produce On
the part Of the claimants in the case OF tho y.
s. vs. sloop George Washington, ot lawiui
age TO testify, who being duly engaged on so-
i lemn oath, doth dcpose and say, in tho ioiow>
ing words, 10 yi, ! left New.fork on nes.
day, the 2Ist day Of December, lsl5' IN mo
| sloop Grace, Gridley Lows, master, oounu ~
Newport. On the I'D, at d,ygha, gn,,In -, tr,D ~o
rate, and Obtained all day. Uhhe fytng Mtrft
7Snzo n phfe BonOtncd sioop, iohich wasatHoe
l;y,e suDposed by those onboord 10 be the Geo,
Waskipgton. The day after tte irtal ot ne
GeOrge Washington an the District Court,
,o,Hf on J0ord of me iastnentionsd resset, nal
ase,rfajned h0t she IS not the samo sto0Y
,1Ljeb tee saio ~ Mo Sound, as abOpe sfatcd.
,ofe bc,n on boqrd The Goorge UashtngtonSe-
y0I nmss sinco, 0ad am Satisiod haf she IS
nfkbn rcssF noe sd1 iH The SOHIid. p. FOR thls
conviction there are these reasons. inc
George Washington is conSIdcrabIy iargef
vessel than The one we saw She also mas
fguro head, and fhe other sloop had Toy. was
examined as n witness az the trial ofthc Geos
Wasbirgton. i'm the District Court, and tcsti-
fed that believed the vessel We saw m the
Soupd fobo the George Washington, but nave
,ipce became satisfied that was IN IN error,
for tbe reasons above stated. We saw Tie
sloop in the Sound about daylight, a, dis-
isyce Of shout Of mile from the Grace,
where sho continued nearly through The day.
tho wind being, during the whole tlrBc heavy
from ,lrs westward and northwaSd Of west.
OH cross examination, the aeponent fur
Their saith ns follows: ! saw boat 90 from
the sloop in tho sound towards the friga;o
c,a,;ra h,tf couli not ascprtaiu whether