The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-14
Decision I'M the Case Of the Pane hita.
UNITED STATES DISTINCT COUNT.
Befoya Hon Judse Rata.

Before Hon. Judge Belts.
FEB 10-7Ae United States w. the Bark Panchita This
proceeding forfeit the bark having been lifted
out for shaving voyage In October, 1856, libel was
flied against the bark similar charge, and in Decem
ber 1885, the heard and the libel dismissed
and the vessel went to She afterwards seized
on the coast Of Africa by British man OF war and ent
to this port in charge Of q prize crew On her arrival
here libel fled against her July g. 1857 TO for
et her, and process issued In that case After the
vessel seized under that process return day
the process altered the order Of the Court
for which rregulay the Court the process 10 be
set aside wnsrsupon on August 1857 the government
the one OF July until the hearing Judge
Belts decided the case in December last but his opinion
has been recently written out and accordingly gwen
he United States rs the Bark Panehita, J. p Weeks IT
-BErTs J-The multfaous on the part Of
the ibellapts this rotecuton seek 70 etablsh the
point that the first OUTFIT and undertaking Of tho vessel
was on shaving voyage and that her second departure
and conduct in continuation OF and for ul1ment Of
the object The two enterprises have accordingly
betn reated by the prosecution a. continuous and
by the parties concoctng the Same ana carrying
the on with characteristic that IL the caonot be
legally connected the actipgs in each constitute sub
santve offer and subject the vessel 70 forfeiture In
dependenty OF each other The theory OF the defence IL
that the whee transaction, sofsr as II Is open to crni
nal accusation, embodied In the first fitting out Of
the e and her seizure and trial therei1r-and her
action to the subsequent suit The issues upon
the libel Aed October s. 1875 the frs. of tho
vessel and the claims and at the parties in de-
fence were determined tho final hearing December
term, 1885, by the judgment Of the Court In favor
OF the claimants dismssipg The libel and oraer'
Tie proceedings upon the libel died July s, 1857,
aside in August ter thereafter, because OF
rregnariy of practice in altering the return day of
process OF attachment the SAND been served
and the vesse attached Hereunder and the action
finally DISCONTINUE in Court by the beants Nov. s.
1851 whilst the cause was under hearing The action
commenced August 1857, To which numerous deience
D'erposet was brought 70 final hearog and decision
December term 1867. The Court ruled that pre-.
vious decision Of December term, 1885, was net
udicdta In the matter under prosecution in this sut and
also that the tendency of the suit instituted July g. 1887
bar 70 the action commenced Angus. le57-h
resting upon the Facts actngs Of the
partiep such identity the could civil action
Lterpoee any impeachment the prosecution OF second
suit whilst n prior remained undsposed of Court
The trial Of this has been an exceedingly proractd
one involving extended and searching nation OF
testimony and discussion OF points connected with the
ormaltes Of the proceedings aol the merits Of the
1t would he uDnstrucve to set forth the evidence at large
upon which the crimnaty Of the voyage maintained
resisted. There were fac.s OF any moment OF
eliminating character brought to light beyond what
proved against Der the first arrest in 1850 Sub
,my the same cargo and equipment were on board and
the of similar composition and the govern
mt failed proving that part OF her cargo equip
ment of the vessel was unsued TO an honest tga ling voy
age, ana especially adapcd to saving Witnesses
in the trade along the coast OF Africa
and merchants engaged for yeas IL, agree in stating
that the outfit the vessel correspondcd with that of
those engaged in lawful commerce. II also made TO
appear ,ha, this bnk nicht With singh, alterations ADD
addt 10 Der arrangements, have been eypediously
and easily prepared on the coast by ad of me ans ,ly
Obtained there, pnd placed IN condition 10 receive
board Of slaves Those means had not been fully
taken cut with her nor we're they found gth her or al
Der command VII she ~as sezeo The testimony that
head could not reasonaby be considered IN prove
than the vessel fond in state in which might carry
voyage lawful articles ofexperteon trade upon
the coast or TO the United states embark in slavery
voyage Upon the intrinsic evidence derived fro hc-
outnt and the composition Of her crew, nothing more
be considered established again { Der than
for Suspicion that those faciies might be intended
to be perverted into an Illicit voyage; but beng
equally patible with legal and bouest purpose aud
and moi a criminal design the part Of her
end master. Il Gun. Ev., "a IS, and notes; 2Coweus
HIPS Notes 70 PHIL Ev 297 EOS II an equivocal state
of ltment in The vessel would authorize her and
condemn aon the same rule applies To vessels Engaged
traffic the west cast OF Msca ana, rgdy enforced,
might break up the entire commerce. Of the
that region declared by the Court in the previous de
cision this The compatibility o. her preparation
with an lett or lawful employment. does subject
the vessel 10 any implication nference that her engage
destination Illicit That line Of proof accord.
ney NUT be pronounced Inadequate to produce her
dernaop. The prosecution went into proof o. decara-
tons made by the master Of the bark and her superago
terer on board during the voyage out 10 Africa
and after Ter arrival there To show the guilty purpose of
the Voyages. This was competent evidence N that end.
Statements Of such parties respecting the employment Of
vessel entrusted 70 their charge sufficient to bind
the vessel and the interests Of her they have the
effect OF declarations made by the owners themselves
| None Of that tcstm,ny was OF relevancy weight
that bead, excep, thai OF Robert Hodge. who went
the voyage mate and testified to express declarations
Of the master ~ him that the bark was engaged In
shaving voyage, and ~ propositions from him and che
chartercr 10 the witness connect himself with Those
9
beyond question: the guilty character Ct the voyage and
the delbcr alton with which II projected and prose
cued by all c,pcerned IN getting up and carrying
on Everything on board the vessel in her a,ment and
preparation and Der course out and upon the
perfectly compatible 9th the declared purposes
pued to her master, superoareo and cba,terer II the
testimony II credible there can he no ground for
hes,aDcy in deciding the offence proved aud prooouncng
the coIhscaton OF the vessel But the testimony
Hodges In my Judgment totally dlscre tied by hts
previous statements under oath, very dclbera'ey and
cautiously maize different DECISIONS in which he attest
ed that he believed the innocent and legal
in every respect and that be heard from the
that II had suy connection with slaviug adj.
venture. These oe,hs, In writing, voluntarily
made by him IN thi, deliberately, and full
explanation between him and several highly rcspecta.
bic ana Intelligent persons. In these ho wfully and
considerably pcrjured himself or did his contrary
sseovcrstion on the trial la court relation "
the same facts No reconciliation between his aiyerpe
statements OF those plain farts In atte pted and there
posfib,y Of making No FAR, then, his
testimony u nyokei IN this case must be utterly
dated, except he cDrroborated by other credible ev
cebcc None other offered ~ that end except that OF
the Portuguese steward Joe eph Antonio, who
bling and ncoherent account Of conversation he
tvctn the master supcrcargo and another at The
table during the which as impsfccy heard by
him, and appeared, according IN his version, far
Is comprehensive n have been remark Of the charter
cusodoe, the third pcrson, iai he should like W
send several hundred slaves IN That vessel II he had
chance 10 do So He denied, howcver, ever hearing tho
sster speak the subject and not certain that
remark made by the supercsrgo ntimatng n,sn-
ton employ tie vessel 20 slaves TITS evidence
amounts 10 confederation Of Hodges TESTIMONY to a
guilty desgn knowedge u the master cbarterer
specng Illegal purpose IN the employment nf the
sci this any other voyage think therefore, t1at
the ntiss Ia producing sneht support
the libel 10 this, ,nd must be dismissed certificate
81 reasonable for upon the facts given 10
evidence by the persecution ~ awarded ordered that
the libel be dismissed, and the vessel dischar rcd from
custody thereon.
The Turf.