New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-21
Netpalprls daily Gribn1rs
LAW INTELLIGENCE.
ANOTHER JUDICIAL BLOW AT THE SLAVE
TRADE.

ANOTHER JUDICIAL BLOW AT THE SLAVE
TRADE.
THE SLAYER AUGUSTA CONDEMNED.
UNITED STATES DISTRICT COURT FOR THE SOUTH
EhN DISTRICT OF NEw-YoRK-sePt. 20, laSl.-Bs'
The United States az. The bark Augusta her tackle tc
OPINION.
SHIPsAs, J.-This libel il founded on the second
section Of act Of March 1874 and on the act Of 20
G.sppor L. e. with irs mt to employ Der 10 the
lesna that The ownsa him. and that hied
b. and Appleton Oah'mith hi. agent for whaling v,y.g
and there nieD, TO employ her In the sveade nor
The vessel by Appey ,bout the i't Of June last
The mIi onson that arises on the peadngs and p'oo' 10
whether Augusta fitted out with the intent TO emily
The the allegation, Of the libel charging the
Illegal intent ard aver, hat ths Intent va, az ~ S bs "a,
wi the several general claims urged By the libel
ants under sepslae examine them svrrsy together
wih the combinations urged in reply BY the responden
insisted by the Government that appears from the eV
deuce: 40,
whaling business had been abandoned several yeas before
H. That she mnch larger and more expensive vessel map
Is used short yoySss ie the one Tor which the claimant
III T@st her outfit and prOvon, admitted by oas'mih
email cabin and the belsn nst hist this ouih aud
the pro'ion, ard water were entirely insdeque TOT sOen
~ ha adequate pep.ion, had been made Tor chipping
such officers aud indspensaoy ne e
.y would made bad such yoyase been con-
ismPlsted ., ii and a.. ,.r.,,l d.
be senry aiivs sincOnisHt With the claim that
she designed for tina; business
VI Ths, outfit and provisions indicate that 'he WI" In
With regard 70 To. ir.. Of these claims, do think
titled much weigh, Iii that hsPpesr from the evil
vi om Oreenpo has been for several y'As pretty
much snIiley gwen up But theI- 10 nothing IN ne pses
dencs which renders al dhcut that port
for the business Of whaling Ia not very fsy tom several
III. ba.iu,.s eoad be found. " desisd
Tor voyAss which the clAaBt insist he In
tended bel. o this .sver highly s.Pec.bs witns.'s.
usual ut for short time h,o months the period fo
III rooshy acquainted With the business and speak fo long
.IpeTsnc.. And quite obvious that no m.l ud thinf Of
p-rbsps better performed by su thereby increasing
ire number Of the opposes Of Tie olh, o me whpe
hand. and had no other employment io hsr ne ssraS
ssd nTs o. 20. , 10 The ri end even probSbs. Of
Are. great without loading ente prise
. red 70 testify that thee short voyage. proscnd by
very much smaller ela,s Of ,,sass AID Of course are s,ed
much expense and With smaller arew, who Ee TO receive
wss.. share In the fruits Of the voyage The claimant DID
1s a. order keep her FROM lying Idle
k-t aud bough, her, psyins CASH i9r hr
cammsrce but t a. bot this the large vessels
cheaper small cheaper that they are enong'
.h ~ ar airI ones would snswar ust as well
Their. several WIG 'ssSd on behalf Of hs
cct petendins tina. thi. vessel was OF sucn
M tha they should purchHed her for such Voyage IN
lee. Il D, Mr. Wei stated that be goias to D., the
August. he should her Tor snort Voyase OF hiten or egneen
iii We geTi come 20 much more important poilt ths,
latino the Of this vessel Inc udns her provisions The
complete Nneu abe seizsd they rely mainly
thi. point upon The asrd .dn 81 ostman me
asmb sid 20 have been made ON board Of the v-se we
Dc. after her seizure D snpsr 'ns on ~, see prystY
Mush testify that oak.niih 'ad that sseryhins wa on
couy.I,a n .uotsDy alike except that Horton 'aS' that
OsG,nh sdded that hsch,s were down 9r the voyage 10
NAL Of Oskmh snd no disPasseIen 20 him 70 say na
t- e.tnony OF the SKINNER, AID Horton NUT prevail
And even In his testimony that he might have
Ted that the vessel was yearly ready or a except me
oompave weight II this part of the evidence for there no
evidence in the which sbo-' that there wa, any wishing
gear mentioning purchased or iaended 70 be
put board .IcePt small qusoty Of tow ne which
IL m5t De aid that IBIS was foolish admission for smith
make and n,ae.,y against Tie mss.' o. n'
Thar nearly or quite ali the arels which specially
adapted whaling which Intended to take We seady
h.hsr sue was loaded It became it, and
bad been in the G T%sd ne. az
illegal still 70 be supplied -. an,
As.u proved that the outfit OF this vessel
so far as those articles which specially appropriate ot
haer concerned complete It Was intended to ne by
ag e. Va, H. in other word. bona hde preparation for
Whaling, or was mere eoorabe preparation intended
TO coueas the Purposes Of the yoJ ago
On this branch oe do not intend to 90 into minute
OF important 10
dehcen, for avoysss OF the character men nea Sns
materially wanting IN townes whale iron. Iron poles
lnves hoop iron. and gnd'oneA She va. also sesy
dehcient In OuI sd vinegar and considerably 10 the
guAptity Of beef and pork. =,
Several barrels Of good aud sweet and suitable Tor tho
sIsw % eat e s S Of G.'se . VI .smpd bS, s
wholly unsati.fIctoy To my mind MI oaksmbs account Of
S Of ea bss .s I'D Sssa for the Navy good
condition requiring repscsins aud that was undes'oad
that apt Case Tepack tstseA oas'mith says th be
dsAppontsdto hear found spoiled after The time
that has seizure the beef having been
packed But why did he NOT communicate the TACT that this
prp quantity OF beef required immediate preserve
H. officer. Of the Law who had the vessel iD charge
have had repacked and thus have prevented tbs loss
Hare II bares Of beef t1at according TO his taemen
could been savrd mad be stated s condition tho Msh
any in charge Of tho weasel after the seizure Aud
sns t dS' Of T oab ' when II 4 Ss he
abundant confirmation could be had Where the
ties OF whom this oes 10 Pachsedi Why are not they cal ca
to prove euay This when hrsi examined AFTER tue
seizure found 10 be injured and Ia the absence 81 any be.
condition when shipped Ts being the This
vessel condition to Ious voyage o. 10 monhs
And takins beef and pork together deficient IN
qusnity assuming all to be good The effect OF TINS w~
deficiency supped reasonable rates
butih attempt wholly thisd Il wa. Prov.d eoneassy 70
provisions upon idea applying the deficiency IN foreign
ports, where they are higher than here a. home
MY mind neonssnt with the idss lat sae was bound on
long voysss many which could DO well dispensed with
True 4 va. aid ou the by oslsnith that there
some tbnz purchased ard In the that TO have been
nut bosd but no list Of given
Of VIII they onehaed has been produced 70 prove
such T s a ne 'D .os that
we're TO supply the Caring deficiencies Of this 90 o. without
~ S .s were purchased q :elher s1o vague be
M Th fourth claim cf the libean that no proper bad
been that portion OF tho 0ieesnd
hvs b, en- taken irOm experienced ~haeAsn
M Csc saws that he had engaged his mate Mr. John FIJI