New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-02-11

CYRUS Butler agt. Alfred Bulkley.-MOtion granted
d,nt. 'pn.tns to examine IN New York a. or any OF
Margaret o. H. Clarkson, DO, sgt. William Sill
e c.1 M may Be pscod on theEid.y caeSd.I &c ~
UNITED STATES DISTRICT CoURT-Frs. lo-Before
Judge BITS.
pIctsIos OF JUDGE Belts IN THE CASE OF TIE
PAscHITA
The United States as. The bark Psnchita
This was proceeding to forfeit the bark as having
been fitted out for a shaving voyage. In October,
1856 a libel fled against the bark on n similar
charge end il December, 1896, the cause was heard
md the libel dismissed and the vessel went TO ses.
She was after ard seized the coast of Africa by
British man and sent to this port in charge OF
prize crew. On her arrival here "a libel was filed
caipst Der an July 1851 to forfeit her and process
wa, j. sue6 in that case After the vessel seized
under tina, process the re.u day of the process
altered will out the order OF the Court, for which
irreguaiy the Court directed the process to be set
aside whereupon, on Aug. Z, 1857, the Government
filed new libel against the bark but did not dlscon-
,inue the one Of July until the case was on hearing
Judge Belts decided the case in December last, but
his cpuiCn has been recently written out aud IS &C.
cordingly given at length.
The United States sgt The Bari Psnch' r Wee" ct Al
Belts 1.-THE musous proceedinss on the part OF the
outfit ard VI the ve,'e Wa on asayns voyage
that her nd departure and conduct were in continuation
The two Enterprises have aly been aed by the
ecu,on az ard cor mon by the parties concocng
N. SANE and ns The IN on wththe Characteristic tina; if tho
Two csnot BE- legally corrected acngs IN each constitute
substantive ofen,e and subject the vessel = forfeiture ndepend
emily Of ach other The theory the defense Is that the whole
tsIsction far it c cnmin. accusation was EN-
bodied the fitting out Of the vessel and her seizure and
tn her action is bar to the subseqnegt suit
The issues upon the b filed Oct O. a on tae h ate't OF
the vessel the claims and answers OF ne parties IN deuse
deto miDed on thu iii hearns IN December Term 100
by judgment the Court 10 favor of the cat nsnts d'msne
the libel and ordering the vessel and cargo discharged rom Gus
upon Tie libel filed July 1851 aside
IN August Tenn thereafter because Of 40 rresuay Of pracce
sg the day Of the process Of after the
NJ
aud the finally discontinued in Court by the hbelans
NSy 49, wle The cause wa: nn s aea Mb numerous de-
tense hteed wes brought final hearing and decision in
The the prevou. decision Of December Term,
1875 not .data in the matter under Po'ee ton IN
1851 the seton commenced Aug 1851 1T not
i'd ntity III the case. could in civil inrrpo.e any nped
the prosecution Of second suit while prior one re-
H. eiu.d unoirpoted Of ~ Court.
The trial of II has been exceedingly prot,aced one
involving extended and searching examiI sion OF testimony
and discussion Of points connected with tie oTnles oil tue
pIoc,ecnEs and the meits OF the case -. ,..
upon which the cmns Of The voyage was maintained and re-
There were no fact. of any moment mns,ing character
brought light beyond what proved AGAINST her on the h
arIt 81 III ItSo HuOsalany va" sat ~ - op rb tbe
board, aud the crews re- OF similar copo'oi ahu He
Govtrrn.n Ut fuild proving that sy rar Ter cargo OF eqa
s,cy adapted 10 ,ayirg one Witnesses il the
,ra the Of Africa and merchants engaged
poi ded with that those engaged lawful also
wa appear that h. bark might with slight siteraon
rssy Ire the coast by aid OF means reahy oDtan
there and placed condition to receive on board cargo or
h,y found with her or at her c'mmsha we" SUI W."
The te.tmon OIL that head could reasonably be considered
10 prove than that tho ye was fund H. STAKE IN "hchn
nsh. carry voyage ia lawful articles Of eXpor atou or trade
up the coa OF 10 he United States. embark in slavery
Upn the ntrcc eyicence derived from her nth ahd
the comp tion Of her nohins mor, can 9e eonsa
esb,ned against Ler THAI room for suspicion tha' those
m be intended to be perverted into an lct ol Dgs
equally compatible with legal and honest purpose and employ
The law ayor' presumption ct al nnt ent ana no
cruna design the pat of her and masteI uIl'
~, ST. S. and notes Cowen Hills Notes to Ph ~ "a,
2Ss equocs state OF mrIt 10 the vessel would authorize
her condemnation the same rule applies 20 ve en-
geed In hfo the If Africa and rgdy enforced
might break tine entire commerce OF the country s,
declared by the Cou In he previous decision IL TINS case ue
con taabi preparation with illicit OF lawful employ
ment does no, subject the vessel TO any imphc4 o. or %
acodDg must be pronounced madequae 70 produce ef con-
TbS prosecution wen. into proof Of declarations made by the
u the bark ard her suprrargo aid chaerer on board
du ins tine OUT % Ana s.a arr bi asr wi
ths md Statements OF such parties respecting tue en
poyntnt OF vessel ntrused to their charge sucieb. to
bG vessel and the Of hr they have the
effect Of dscsrsiiots made BY tie owners themselves
head exec pit that Of Robert Hucze uho went the voyage as
mate ard s,do express declarations OF the mater % ni
hst the bark engssed IN .a'li voyage snd 20
from bin and TO the chserr 10 the witness 70 connect him'e
whit Those s,aemeat. were go full md explicit As 20 dsn
,t@e bosoid Question: the 9ub'y chaatei OI zoe 80
te deiteaiion With which projected and oy
AL concerned in getting aud carrying il on Everything on
bosdthe vessel in her hneI aud PreParsion ana on '
out aid upon The coat perfectly oomPs lbf WIN ln s
II he tsinoLy credible there be valid ground Or nss
iisncy dcg the odee proved AID ponouncns the oon
cation a The ytsstL .
But the testimony of Hodge, in ny judgment is totally ds
dted By hi, under oath very din
ts,ey and cautiously made different occasions IN wrch DC
that he believed the noceu; and legal one u
every that he the Owner or s
aso ohaers ntimson that 1t had sny c
nect!on with These oas IN wrns "eio
voluntarily made by him In this deliberately aud on
full alton between him and several highly respectable and
int gent persons IL thee he wiluy and consideratey PER
jurec himself did his contrary assy-aton on h- tfa
Court in relation the No reconciliation
s adverse statements II those plain facts attempted anu
no possibility of making 80 far then, - MS
no-y IL insoi ed III his must BE- terry Fp,!ieu
ctpt BE- couoboIsteG BY other credible evidence Nole
il OteTed TO that End, that Of the POrtuge -
s,ph Autorio, WHO rambling and Ecoherent "eou-.
conservation between the master sPerc.'go aHd
ard by him. aud app AIRED according to bis version 80 " "
is courTehensle have been remark Of the chafrfer o. GUS
th third person b. should like send several nun
dTed IL that ye.sl e had chance To Go So ne
however hearing the speak on tue subject a -
not certsn hat Any made ny the super
mating an initition to employ the vessel N cAyls
1ts evidence amounts to corroboratlon :" -
issmoIy 10 guilty design or knowledge Oh -. ~
MASTER or chArterer respecting an illegal PurP" ~
ploynent If the vessel this any o,hrI
think thereto hst the Government fails dncing -
Dooi 70 sgrprt the libel il this insance and II must "
Dissrd. -.
crifcs,e of reasonable for seizue upon he ;' gwen
icenee by the lTr cutiOn, ava ded. -. $1,000
Ordered that the Libel be dismissed and the vessei &c
from custody theron. .
Lovl HI rf.sC u. NJ IOscl