New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-14
Law INTELLIGENCE.
UNITED STATES ooaMissi2SEfoS s 0EEicE-ocr Il
THE CASE OF THE SLAYER FALMOUTH.
The United States ag Geo. d. Lienas.

UNITED STATES MIsSIONERS OFFICE-Ocr. IA.
THE CASE OF THE SLAYER FALMOUTH.
The United States agt. Geo II. Lienss
This morning the following decision was gwen In
The TWO charges upon which the ceased brought before
the for examination based upon ne am
1850 the defendant. did build, hs equip load oil
othorwe prepare tho brig Falmouth with intent to employ
her in the sayeade in yiOlsion OF the acts Of
MAY H. 1900 and April 90 1918.
These statutes are Of pohbitory ,ctness aud impose
severe penalty upon The angesso L h S .coue o.
these acts recent Judicial decrees In the United cs,et
of this District infinitely point out. -, ,...,
The principle laid down IT, that In pToseeon lor pens
ties forfeiture for the iuseton Of penal statutes evuec
Of less than what would amount to probable cause ana
would be only reasonable ground n suspicion against r
party property is competent and pertinent process
which forfeiture may be made against such properly no
sppsd against vessel How far and with what effect II
should apply TO criminal proceeding the Vi ~
case must control.
On this motion The discharge of the accused the evil
dence adduced by the Government is Indispensable 70 Wen
consider the evidence in order TO ascertain there DC
sufficient grounds just conclusion from the cr-
cumances the that the accused should be held for
t II there prepondersnce oil PROOF Ia the case elt1et
way the presumption Of innocence should enure 20 the de-
PENDANT -, .,
conclude as follows: The Falmouth received valid clear
snce from this for Havana with cargo she tere
charged her cargo and took another with which she sailed
~ peo Prsya and thence TO oTee There the accused who
was master taken sick and LETT the Vesse 70 the coh4
of kimba III mate giving him power Of attorney 70 sail
her and 10 do all other thing. which the master sntTuated
with in lawful yoyage The accused also gave hm6all a
of in,tctiou. directing him 10 trade along the coast
and to put into certain places and tske on board 0 casks Of
palm oil which would be ready for him at Point de LenSs
Here strange scene took places while the Vesse ~ az
anchor she was boarded by number Of Portuguese ana
iads who took possession Of the vessel used
Knbs and the crew, with design TO make use oil e
down the shore in order TO ke on ooa
Of negroes Whether there any undeIandns De'
the 6ccoed and these nuders there Is no evidence
and AZ they neither mentioned the OF the accused or
acted by authority, nothing in the circumstance 20
attribute ground Of suspicion against the accused WINE
the in the hands these Portuguese and
she was captured by United States nsnof"A ana OIOugh'
10 this port. 81, - ..,,I
Considering the whole in all It's aspects with csreioi
eve TO the ends Of Justice reasonable ground OF su
picion that would justify in conmng the accused Ol
iA Odious and nefarous IL this nhuDsn trahc deter
mined and unremtng IL the Government 10 rs enGeavos
10 repre.s t. still II there be grounds Of suspicion
10 base probable conclusion OF the guilt OF the parties
with engaging in this bNTbsrous custom or with oianS ne
laws of land and the moral Of the nation we com
hitting Masstrse has alternative but 70 disehse te &C.
cued Justice is be administered under the direction oil
the old.estsblshed principles ~ law 81, 3,
Without further eDgement upon topic raught with '
tense interest and make simple and concise opinion
Lomly upon sAyesde hereby order the discharge oi
accused in accordance with the foregoing CONCLUSIONS OF
law and fact