The New York herald., 1862-10-27
Slave Vessels Condemned.
UNITED STATES CIRCUIT COURT.

Ocr 2-Judge Nelson sent down decis]ons m the follow
ing cases. heard before him during his last sitting in hies
court.
The United States Tie Weather Gaug.-The libel in
this case was filed by the against the ship
and CARGO being engaged by her owners and master in
the trade in violation Of the acts Of Congress- The
Court below after hearing condemned the vessel and.
cargo
Nelson, C. 1.-The case is before appeal After
very full examination Of it, Of the brief remarks OF
the respective COUNSEL satisfied with that conclu
sion. We cannot say that there s any positive ex
press evidence that the vessel fitted out 10 be en-
gagged in this trade but the circumstanai proofs leave
reasonable doubt In mind Of the fct and we have
had experience enough Of this character TO know
that express evidence positive proof need not be e1
pected, nor indeed should be required. Our expe-
n &c ss ssoess saas: us ss that ys:
tud no serious dimtuity In maintaining It's legti-
macy when charged 70 the contrary, and .
pTtmd fdcie case presented by the government
In such persons engaged the fitting out and nav
Cation OF the vessel will be called
who necessarily know the nature and character Of her
employment, and whether legitimate or not. Such wit-
nesses when produced afford satisfactory evidence 10
who within the knowledge control Of the parties
interested in maintaining the defence Their absence,
it, We are free to say that il does in this case pccres
below affirmed For the United States District Attorney
smith; for claimant Messrs Bes6s Dean and Donohue
Cd,yo-Neson, e. J-rhe libel in this led TO.
declare the condemnation and forfeiture Of the Weather
Gauge aud cargo for having been fitted employed
in the slave trade in violation Of acts OF Congress
Of March %, l7o4 and April 20, 1878. The case may
be said 70 bc q close the facts, and
have retained it length of time for con-
sdsration being in doubt whether the proofs fairly
maintained the conclusion which the mind could not
avoid coming at upon the suspicious nature some Of
the facts in the record As respects the arrangements
of the interior of the vessel and tho character OF the
crgo stated by of the experienced and in
egent witnesses they may indicate an inteLt TO
enter upon legal as an illegal voyage and, there was
nothing else In the the decree should be for the
claimant. But there other facts In the which
after considerable reflection case against him.
This claimant John Morris who bought the vesscl and
paid S12 900 for her. and sets that he the
vessel apd carrier OF the cargo, Is myth Nobody for
aught that appears 10 the case, knows him. he
full name Woodbury., who, Is said sold the vessel
him. not produced His partner, Schmidt, proves his
handwriting TO the bill Of sale and the payment.
Of the money. Norris disappears and not
again heard from. Whether any such man
ever had existence Is more than doubtful. According
the manifest Edward Mitchell master Of the vessel.
He Ia not prodrced have any account II him. He
and could have given Information Of that ind-
vdual, as well as OF himself Antonio Tirero who ppr-
ports 10 have been shipper Of the cargo produced
the part OF the claimants, but does not know Morris
Mitchell nor does he give Us any account OF his
nection with the ship with whom he contracted for
such the part Of the AZ TO throw the
upon the claimant 10 clear up the mysteries and
suspicious strictly surrounding the ction and
which II honest could have been readily cleared M
All the facts unexplained leave settled conviction that
the charge Ia tho libel against tho vcsse and cargo m
trict Attorney Smith, for Claimant Messrs. Beebe Dean
aud DOnohue.