The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-13
The Ocean bird Troubles.
UNrTEp STAIRS DISTRICT COURT.

Iefore Hon Ju0gc Belts. 't1'i
Jas. l2--Lr n. Mater ef,ths Oeeas. Bird Mr.. VIZ,
Everts appeared behalf of the specsh Of the
Ocean Bird and handed 10 the Court the following
respecting the claims the OF tba. v.ssel
Frances Eoate, Eugene poynoth and julius Cruzey
the psjaro del OccauoOcenn Brother tackle,
We, The beanss, consent tina. upon the Claim Of Don
jose NJ viaderuone. master Of the hbcled vessel for
himself and upon behalf Romano Herrere and others
owners, the bond stipulation Of said Jose n Wade
monte without other security for the peants Claims
steamer, &c, be discharged; and We expressly < 10
any Justification notice Of justification, Of anS up
Of the vessel such approval and discharge
Xeoyson Red w. TIE sa~se "A similar consent l'as
Jeres Na,pay, Waliam J. Pearse ana WILLIAM r. Buck.
sauaer rs. The SuSae "A similar consent q
G.. Hog ard 81 A, Squire me Same.-Simlar con-
sent 'M
Ha~s r. Ho,csey u.s. TIE Same "A similar consent
Mr. Evarts asked for order, under these ssusans, y
deliver up tho Ocean Bird 70 the Spanish oapAR and
Mr. ]. r. Williams, on The par. Of Captain John Graham
the claimant opposed the motion.
Judge etas said no did that theBe proceedings
regularly before the Court present II the vessel
d In the custody Of the Marshal that officer be tho
her up II the Marshal bad any doubts IN tho matter De
woud ask the advice Of the Court.
Mr. williams ssid his client, Captain Graham vas in
possession that the order asked for ty Mr. Evsrts
wound have the cnect OF dischargipg her
The Court remaf kcd that il he was rightly in possession
served by the Marshal.
Mr. Williams wanted further time to show that the
other side NOT entitled 10 any order that would take
the vessel out Of the possession OF Captain Graham
the Spanish did obtain such order and Capaia
Graham dSpcssessed the vessel might sail away and
his client DO without redress ue Etu - af' 4JE
Judge Belts replied that they would have the bonds Ia
fall back upon on both sides when II determined
who had the actual right in the controversy At present
there nothing before him judicaiy and all ne could
do TO direct the matter to be transferred TO tho
Clerks Office, whore properly belonged 'ni as
Mr. Evarts stated that he wished the usual order undor
the rules Of the Court that the vessel be delivered up 10
the Claimants They would then take that order TO th
Marshall and he could then act his responsibity
either to deliver up the vessel 10 his ~ clients or
TO the other side he might dccide or he could come TO
| the Court for advice. ~ .Fag - ScJrn
Judge Belts observed that they should also de their
| bonds with the Marshal under the statute. s3
Mr. wilausSupposo he should refuse to accept and
Judge BetsIf the Marshal should refuse to act you
apply to the Court for mandAmus TO compel him
and then the whole question will como up before in
regular way that can pass upon it, - a3q4 sf t.
Marshal Rynders remarked 10 the Court that something
had been said here abont parties being in possession.
There In possession Of the vessel to bis know
ledge, but the officer of the United States Marshal.
1he entry and the order and consent referred ia
| the Clerk OF tho Court. esos 81 ,-.s gia5far =.
further stay Of proceedings WAS consented to- and
the matter adjourned 70 Friday morning 81 .alli 51