New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-28
rUr CASE OF THE PANCUITh.

APPLICATIONS TO DISCHARGE I'M bhiIsh OfIil kLo
FROM ARREST DENIED.
John p. Weeks SGT Chaa d. J. Odevane ant oilers
This was an application made on behalf OF the de-
fendens to be discharged from the order Of arrest
granted some days since by which they were held to
bail in the sum Of $4,000 to in civil suit for
damages, &c, done the owners OF the brig Panchits
II will be remembered that Lieut.. Odeveine was put
ia command of the Panchifs on the coast Of Africs
by Capt. Moresley Of the British soop-of var Ssppho
and ordered to take her TO the port of New-York on
the ground that she was SLAYER. Aher her arrival
the British officers arrested above set FORTH
Mr.. Edwards read the following affdavits on behalf
Of the application
IIIUT. OpEyAISEs AFFIDAVIT.
Cfv County and State Of Ner York, ss.-Chares
d. j. Odevane, Lieutenant in her Britannia M,jestys
Naval Service, being sworn, maketh oath, and saith;
That he has beer in such naval service for upward OF
nine years that he has been in such service actively
on the coast of Africa, and was so there 10 the month
of May las. past belonging, in fact to the Commo-
dore's ship Scourge, Commodore John ADAMS, Al
though deponent happened, at the time OF the circum
stances ebra BY this deposition, to be temporarily
employed on board II. Il. NJ. chip Sappho, Captain
Fairfax Moresby off Ponta de Lenha. at the mouth oi
the river Congo. 80
That this deponent never had anything to do with
the seizirg Of ibe American bark Panchita the same
having taken place, as depOnent afterward under
stood 30 miles up the said river Congo; that after
she selZe0, as ne mas unus 6tuOugu NC
had nothing to do with it, either directly indirectly
she came or was brought down aud anchored oil the
mouth Of the Copgoo, about sou yards from the Sap
pho: up 70 this time the deponent had never, to the
best of his knowledge and belief seen the said Fan
chita.
That deponent then was given to unde rstand that
she had been oveihsuled by the said Captain Mores-
by, who, from the suspicious circumstances about
her, deemed such oyerhauling necessary on the belief
that she was engaged in the slave trade; that a.
deponert understands aud believes, this was done not
only from such circ ances but from the fact OF
total absence of anything like an American naval
authority or vessel And this deponent says tnat
although he has been in the said Commodore ship for
about twelve months cruising on the coast OF Africa
he never met with or saw an American vessel OF war;
nor its flag.
Also this deponent was informed and believes, that
on account of such Overhaulipg, and while she, the
Panhta was up the Congo, her captain, h. Slad-
den refused all control and command OF her. and that
about the same time and while so up the River Congo,
one A. c. De Mesquite came on board while the sad
Captain Moresby was on board, and claimed the said
bark Papchita, with any articles there might have
been on board his property but deponent says this
was before he, deporent, ever saw herr. Also depo-
rent has understood and believes that the said A. c.
De Mesquite out in her on her voyage from New
York and had chartered the whole OF her for voyage
form the port of NewYork, and that the whole OF the
ad vessel was chartered to and under the sole orders
ferred to- this deponent gathering these facts from the
said Capt +. L. Slsdden.
Aud this depouent says that after the circumstances
before detailed as 10 the OverhauIng OF the said Pan
cha. and said Captains refusing further to work the
vessel and abandoning all control and command OF
her, and when she had so come down the Congo and
was anchored this depOnent, was ordered by his con-
mandirg officer Capt Moresby, to 60 on board OF her
and take her safely to the port OF New-fork receiy
ing particular written instructions to that elect copy
If which instructions hereto annexed as well as OF
the documents referred TO therein, and all the same
ore marked schedule A.
Al; J,,. ,tSova that undar these Order5 and
10 others and with prior action or conduct ON the
pant of this depOnen did he go on board the said veg
eel the PanCbita and he hal the charge OF her Win
the sole view Of giving her up to the hrst anercan
yessel.ofwsr he should come across, and, failing IN
that (which he did fail in, bring her with best safety
ard care to the port of New.York, which he accom-
plshed on the eth day Of July nst her said captain
iSladdeb mate Hodge,, and the crew found IN her on
The coast Of Africa also coming in her Saving one man
who escaped from her while up the kiver Congo
That as to this crew, they were evidently not Auer
cansunable almost entirely to speak the English IAN
eusge and not able to answer to the names of crew
On the crew list when mustered in the port OF New
York on deponents arrival here; that the mate
Hodge,, who was English, stated during the voyage
he had served in British man-owar, ana Doas'eo Vi
having had bis " four Dozen"
That on Opponents said arrival in the port OF New
Yoik in charge of the said Panchta, he obeyed tee
said ORDERS embraced in schedule A. and the Unfed
States Marshal for tie southern District of New York,
took possession of her on the seventh day OF July,
instant and the eighth day Of the same July she
was beled in the United States Court for the Southern
District Of New York, by the District Attorney, John
McKeon esq., but not on any complaint or deposition
of DC ponent or of any other British officer and depO.
ebt bas understood and believes she lis still under libel
That depor ent has hereinbefore detailed all that de.
moment has had TO do with the said Panchta; and he
iays that none Of her cargo whatever it may be- has
been touched or Overhaued by him. nor her furniture,
rigging or apparel destroyed, injured or made away
with but she went into the said Marshals hands pre-
csely she when he took charge OF her as aore-
sa;d lordinary wear and tear only eXceptedl
Also, he Gays he was obliged to obey the orders OF
his superior ofcer and Hereunder to take charge OF
her. the said Pancha and that if he had not done so,
he would Of course, have been subject to court mar
tial and to have been broke as an officer.
And this depOnent says that the 10th day OF July,
instant he was arrested as defendant in this action,
and held to bail in the sum Of $l5 OO0 that he never
before was in the United States OF America, arriving
here perfect stranger having neither relatives nor
connections here, and being without any amount OF
money or pecuniary means, saving any little pay
which may be due to him as lieutenant that II the
acting British Consul, Joseph Fowler, esq. ana
Charles Edwards counselor-ataw both strangers 10
deponentl had not stepped forward and sufficiently
satisfied the Sheriff, this depOnent must have been
ke pt in close custody in prison.
fro m his couI sci and believes, an application would
have been made before now to discharge or lower pan
he.ein if copy of the charter party to said Mesquite
had bee furnished the having been applied Tor
on the l4,h day of July instant and deponent ha, un-
5e,sfood that the same is said to be mslad, or from
having been used when the said bark Panchita was
formerly ibeed (prior to her last voyage), cannot
readily be found so that deponent has to make sppi.
catcn to the Court in the abeence Of such charter
party. ara.ooa and
believes that while the said bark Panchita was on the
coast of Africa correspondence was had between A.
c. De Mesquita and f. b. Sladden that such CORES
pondence has appeared in the New fork newspaPels,
and has re ason believe the same has been
inserted through the fundamentally wish or approvai
Of the plaintiff and the deponent has, 10 Schedule %,
xad forth srch CORES pOndenCe.