The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-14
Before Hon. Judge Belts,

Before Hon Judge Belts.
JAS. 13-tn The mater Of the steamship Ocean Bird
This resumed this morning Mr.. Eyarts on be.
half OF the Spanish owners, read adavits setting forth
their claims to the custody Of the vessel he submitted
that she should be delivered into possession Of the
owners ana that she should be discharged from the
tody OF the Marshal
Aite- considerable deal of argument the Court made
order TO the effect that Cling tho requisite bonds
and security the Marshal must give up the property
butihe Marshal has right to put party out or 10
put another party in but 70 give the ship those who
ne The adequate security.
THE SEIZURE OF THE OCEAN BIRD.
TO TIE EDITOR or The HERALD.
have been sadly lbeled by the Spanish Consul and
the law reporters through the columns Of the various
newspapers Of this city do not say this TO complain
will leave complaining N my lbclers will better fit
them than me, as soon my leisure WIN permit me 10
attend 10 the matter IL s fair to tina. part Of the public
who may take an interest In the matter that facts
they really exist, should be known. They as fol
lows-1he steamship Ocean Bird was built by at the
city Of New York. have never parted with my ttle
nor have ever voluntarily parted with possession Of tha.
vessel. She taken from my possession by force
under an apparent title, which title has since been by
decree OF the United States Circuit Court in equity de-
csred 10 be void for fraud This vessel has been absent
from THE city since she taken from my posses
sion lately heard she bad come 10 this port was
ADVISED py my counsel 10 repievy her as my property,
and that would be proper demand her OF the captain
before proceeding 10 take her under the writ Of repevn
accordingly went on board on Monday last and de-
manded the vessel Of her captain vadcmonte and stated
him in brief the nature Of my title 70 bor and the
manner In which she was taken from me. He II once
yielded to my request, placed the vessel at my dis
posal without word OF cavil objection and withdrew
with bic men, their baggage, and other articles Of per-
sona property After this was impossible 70 repevy
for the property was absolutely in my possession I
therefore held it until was, believe, wronguliy dis
possessed by the Marshal Of the United States under
pretepoed order Of the Court have not used offered
W use any vioence threat ntimaton that pointed
N aytoont act, has been uttered by by any
my interest 70 my knowledge belief Some days afser
the surrender OF the vessel 70 me- OF the mechanics
and other persons who had claims against the ship Hed
hbeis against her 70 secure their ins at gave
bonds the Marshal release her under tho If ON
gress. Alter this, Capt. viademonte also led similar
bonds, and procured from the Proctor Of the beants
stipulation that the vessel might be surrendered him
Under that stipulation the counsel for Capt Viademontc
entered "a rule of coursc that tho veseel be delivered
mp This rule, however IL only Of force between the II
beants and Capt. Vademonte and docs not and cannot
in the slightest degree Affect my rights In the premises
Indeed, bis counsel am informed, made two three
pdrk applications the Court 10 obtain rule order
giving his claim preference over mine, but the Court alb
sclutely refused in any manner 10 Interfere between
Thus the matter stands. JOHN GRAHAM