The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-24
he Case OF the F1libuster Bark Maguolla,
Laga In Mobile.

HI
From the Mobile Advertiser July IL
In Admiralty, before Hon. John Gayle, United
States Judge, July 16, 1866. The case Of the bark
Msgnols, libelIed for breach Of the neutrality
a. j. Mquier r. Esq, .. 3. District Attorney READ
tie libel OF INFORM alton.
G. Bailey, Esq., counsel for the claimants, read
the exceptions filed to the suaciency Of the libel,
which be supported by an argument Of some length.
Mr.. Requier followed In reply for the government.
The CnuIt reserved lis opinion upon the prelmi-
nary question and determined to proceed with the
examination Of the case upon the merits, leaving
the deciEcn upon the options, for the final deter.
mil alton Of the csse
Mr.. Bailey then read the answer of Appleton Oak
and Sidney Oak Smith TO the allegations in the
libel involving them, In which answer It was alleged
among other things that the vesse! sailed for
ket, which they expected to ind in the government
Of VeLezuelA.
Mr.. Requier then proceeded to call the wit
nesfes or the govern ment as follows
General Walter Smith, svorn-rhe steamship
United States entered 1t the Custom House on tae
10Th March last; che cleared from New York on
The 3D. have never seen the vessel; had conTarsa-
ton win Captain Graham; he said she cams here
to establish lire of steamers to Texas; she isft
this port On IT, 10th March, there was also another
steamer called the s.. Lawrence, here, aud smal
schconer named Emily Keith, Perry, master, ladeu
With coal; she was consigned TO 7. r Thompson in
Mobile; don't XII ow Of any such person here; she
left April 1lth those vteses we're each OF them ex
amiIed and watched while here. Duplicate maui
tests required by law in the clearance OF vessels
Cross .ex sMin6d-1h vessels cleared without any
srs pition attaching against than.
4 Mufry swotn- Am an officer Of the Cust IN
House; saw and examined The ST. Lawrence AID
The United States when here; the United states
would carry from one to two hundred passengers;
she hsd very little freight on board; WAS on bllro
the Emily Keith: the United States vas flied for
transport alton Of armed men, could carry 900 men
in COL junction with the 81. Lawrence
j, Hessee sv op-Never was on board the Uaited
STATES or 81 Lawrence; never heard her cargo vas
for armed purposes.
j. II. lie sis sworn--I have ssen the clearance OF
lat and stores for 81. Mays, Georgia; the sxaaer
United States reached New York after leaving this
port, within week after the first Of April she was
surrour ded by armed vessels in the stream in t1e
port of New York, and WAS there on the l6.h o.
June last.
Crosse xamined- saw the clearance Of the bark
Magnolia in New York Custom House; Am not az
officer Of the Custom Houee; It was open TO any one
to see II.
- Lewis sworn--I was mate Of the ksgnolia
when abe left New York; KEEP. the log; 1.-The log book
shown TO witness the vessel len New York on toe
5ta Of March; We shipped ior barbados N West
taat ste was bound for 81. Mays, and kept the log
for that pert; be told me that WAS mistake; ran
aihore on Loo Key; sidney o. Smith was thesupsr
cspisin was med By the Collector for having NO nan
fts. WHEN we left Key West we did not 90 In the d.
rect on o. Mobile, but towards st. Jcsphs Bay, As
ntar ss tie wind would allow; had good weather;
arrived az st Joseph on LIST April; when aigle1
The thip's articles ! was told was on b ard the
Msry Am; Afterwards SAY the name Of the Msguo-
lis On the black varniah casks; saw suudry cases
and boxes on board. did not stop between Ne Y
An e,s at 81. Joseph; s.sid there in company with
the Amelia from lss April TO June Sd; the Amelia
left s.. Joeeph cath Nay; 81. Joseph Is deserted
place not soul living there's has been deserted for
IA yeeys past UNDERWOOD that q vessel was to come
shore TO take our cargo; but she did rot come; on
ths nth May commanded dIscharging the cargo of
The Nc epoua into the Amelia; the cargo consisted
baS wsrlike armament, not far from enough for
ten th1unrd mon; before the cutter came, the Ame
liza mad taken pesrly al the cargo OF the Magnolia;
the crev vas much dissatisfied all the time; the su
percc 10 ard captain held convsrsstlons went into
M. OAK Smiths room generally to talk; Mr.. 8. o.
smith told me Cuba sDould spd would belong the