The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-16

Important DeelsaOns In Admiralty.
THE BRITlsH STEAMSHIP ALPS c0kDEMAyp TO. TH1
UNITED STATES GOVERNMENT.

Important Decisions In Admiralty.
TIE sRrr,sn STEAMSHIP ALPS cosDnsxp TO. rue
UNITED STATES GOVERNMENT.
Before Hon. Judge Ingersoll.
Dc l5-This libel Is filed to enforce forfeiture
Of the steamship Alps claimed to have been claimed
under and by virtue Of the ffteth section OF the
act Of Congress OF 1899, relating TO the collection
Of duties imports and tonnage. There Is no
doubt that the allegations set forth In the libel, If
true are sufficient TO forfeiture OF the ship.
This is admitted by the respondents and claimants but
they deny the truth Of the allegations in the libel con-
tanned And the question H. the allegations therein
consined sustained by sufficient prooff There is no
question q law involved in the inquiry. The only
questions to be determined questions of fact.
Early in the month Of January, in the year 1854,
the Alps arrived at the port of New York, from Liver
pool loaded with a valuable cargo. On her voyage,
she touched at Boston, and having at the last mention
ed port landed part of her cargo, she proceeded to
New York Neither at Boston, nor at any other port
subsequent to her departure from Liverpool, did she
take board any cargo All the cargo that in her
at the time Of her arrival at the port of New York she
took board At Liverpool The ship having arrived at
the port Of New York. the United States in their libel
claim that fe~ days thereafter wit on the 9th day
Of January A. D. 1854 there unaden from the ship
and brought ON shore by one McDoneugh the steward
Of the ship package containing thirty six watch
ments Of the value Of thousand dollars which
wore Of foreign manufacture and subject to the pay
been brought in the ship her then late voyage from
Liverpool without any permit from the Collector and
Naval oaicer a. by law required for such landing.
from the ship that permit granted for such
lading, either BY the Collector BY the Naval Oicer
found by Henry A. Warts and Alexander waans,
two Of the New York Custom House officers, in a
room room IN tho Atlantic Hotel in Jersey City oeeu-
package containing thrtysix watch movements, each
movement being done up in separate tin case, which
sion of and conveyed to the Custom House in New York.
AT the time the package cont aiming the movements
the hotel occupied BY McDonough il was concealed UNI
der the clothes Of the bed The custom house officers
were directed TO the room in the Atlantic Hotel where
the watch movements found concealed, by Wright
Marsh who described TO them the package and its
tents and where they could be found The package
inches thick and when found thirty Ave Of the move.
mens in separate tin cases. each being wrap
ped separately in stout tissue paper and the remaining
the As the custom house officers coming down
the stairs Of the hotel with the package Of movements
were met by the steward, McDonough, wlso inquired
Of them what they about to do with the goods In
their and upon being told he went towards
the ship and Dmeda ely after absconded On the
day. and at an earlier part OF the day, Marsh tasfes
that he was board the ship that he then saw Nc
got package and took from II one Of the cases in
which there was q watch movement and showed it TO
him; that after that he returned to New York and
tilted the Collector; that he went back to Jersey City
with the two Custom House officers; that the two Gus
tom House officers remained the ship, to watch;
that he again went on board the ship and asked Nc
Donough to let him the other movements; that Nc
Donough placed the package under his overcoat.
his left breast and that they both went to McDonoughs
room at the Atlantic Hotel, when McDonough showed
him the other movements in the PACKAGE and that
thereafter they both out Of the room, McDonougl
going towards the ship and he Marsh, going towards
the ferry; that he, after parting with McDonough met
the Custom House officers, and told them what he had
discovered and directed them where the watch move
hA fnun nd he Cusfn HNuan cNsr
roborated the testimony Of Marsh in every particular
which he states took place while they were present.
when they from the ship and that there appeared
to be under the overcoat of McDouough his loft
breast something concealed Of about the size far
they could judge OF the package containing the watch
movements which they found concealed in NcDonoughs
room in the Atlantic Hotel There is doubt but the
watch movements were Of foreign manufacture; that
their value was four hundred dollars and il the
witnesses above named have told the truth there be
no doubt that the movements were brought from Liver
pool in the ship her then late voyage and that they
were secretly unaden from the ship and rs il admitted
that permit was granted for such unlading the
the truth, forfeiture Of the ship There is attempt
made BY the respondents the claimants OF the ship, to
aiseIedit the testimony given by the two Custom House
Of Marsh by showing that he has other occasions
out OF court given account Of the transaction differ
ing in some essential particulars from the account which
he has given of II on the trial witness For this
purpose the respondents introduced Edward Cunard
witness lie is not claimant OF the ship on the
cord After his testimony in chief had closed and
while the examination was proceeding, it dis
covered for the first time by the district attorney, by
tho answer which he gave to question put, that he
was interested in the ship, as part owner and when
an objection was taken, his testimony was
duced john Charles Lock, q clerk in the office Of
Mr.. Cunard, who test6es that . certain occasion
Marsh was at the Office that Mr.. Cunard called him
from another room to witness statement which Marsh
was about TO make; that that occasion Marsh said
he had not seen the watch movements board the
ship that he had not them landed that he first
saw them at the Atlantic Hotel; that that statement
was rec uced to writing ~ given by Marsh that he,
Marsh took up pen a. Il to sign IT. that IT,, he asked
in reply said You get nothing and that Marsh then
dropped the PEN without signing the written statement
Office at the time who went there with Marsh, 10 wit
Wm o. Catchy and Henry A. Warts both Of them Gus
tom house Officers They both say that they heard no
Lock They say that Cunard drew up q writing, and
that Marsh refused to sign it. but not TOR the reason
imputed to him by Lock And Marsh denies in toto that
he ever made any such statement to Mr.. Cunard. 1t
would have been more satisfactory il the statement
which It is said Mr. Cunard drew up as coming
from Marsh had been produced before the court
But il has not been Produced and the
production has not been accounted for. What Marsh
of the movements taken from the package by McDo-
nough, on board the ship that McDonough placed
concealed from the ship TO the shore; and that he
never saw al the movements until he saw them IN
Mclonough's room at the Atlantic Hotel. The testi-
mony Of this witness, introduced the part Of the
pordents, is not sufficient to shake my belief in
the truth Of the allegations set forth in the libel
testified by the witnesses introduced the part of
the United States Neither would the testimony Of Mr.
Cunard be sufficient to shake my belief in the truth
Of the allegations in this libel contained as established
by such witnesses, il this testimony to be
sdered in coming TO result. He states in sub
stance what Lock testified to- with this addition: that
after Marsh refused TO sign the statement which he
drew up it signed by two gentlemen ia the
office. That there was paper drawn up in the Office
by nr, Cunard; which Purported TO be statement
refused to sign admits of doubt but the question u.s.
what did he farsh) ssyi According to the testimony
of Mr. Cunard f his testimony to be considered),
the paper containing what he did say signed by two
gentlemen in the Office, in order that might be re-
ieired 10, that there should be mistake about
wat said when they should be called upon to tes
ty. And yet the paper is not produced neither Is its
production accounted for. fnd therefore, that
tie allegations in the libel have been proved by sufficient
testimony; that they true. The consequence Is,
thst there must be decree concemning the ship for
feed 10 the United States. Aud feel called upon to
say that h coming to this result there has been evil
depce exhibited on this trial which goes TO show thst
AAlst