The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1862-05-08
THE PRIZE CASES.
United States District Court.
Before Hon. Judge Belts.

PRACTICE UNDER THE NEW PRIZE Law.
MAY THE United States the Schooner r. G. McNel
and Cargo.-This vessel was captured on the 25th OF
January last of the bay Of Matagorda the coast Of
Texas by tho United States vessel Arthur under
command of Lieutenant Kttredge United States Navy.
After capture she taken to Ship Island when Flag
Officer Mexican decided that she unit TO be sent TO
Northern port for adjudication The vessel was accord
ngy retained at the mouth or the MISSISSIPPI but hof
papers cargo this port The process In the
being returnabls on Tuesday, Mr. Stewart l..
Woodford Assistant United States district Attorney,
moved the immediate hearing. The sealed testimony
preadtor,o was opened the cause heard and decision
reserved.
Mr. Woodford called up the further hearing OF the case
OF the United States the schooner Major Barbour aud
cargo.
that the nterlOcuory order of sale hereto
fore made herein be modified SO a. to direct an ap-
prasemsnt before sale and that the details OF the sale
conform whatever rules OF practice may be made ~
this by the concurrent action OF this and tho
Circuit Court lie stated that tho total amount Of pro
psrty already upon hereafter 70 bs passed
upon by this court sitting In price, amounted upon
rough calculation, to between two ana three millions o.
dollars That grave responsibilities attached to judicial
proceedings involving amounts so large and that Wa
due alike to the government the naval captors and the
claimants, well 70 all the officers Of the govern
whose duties connected with this prize COURT
that every step taken in the disposition q cpured pro-
perty should DO strictly in accordance with the law ana
justice Under these circumstances he et that no sails
prize property should be made after careful ana
competent by udicous and reliable experts
which apprassment would be guide TO the Marshal IN
making his sale. He referred to the decision mado by
Nelson the 5th inst In the matter Of ths sala
Of the cargo OF the Hawatha &c. and stated haA
drawn An order in this case following the general nma
tons Of that decision That In the absence Of rules
upon the subject in this court he had used the opinion n
the Circuit Court the basis OF the order which no now
applied for in this Cause.
Mr. Anthem replied briefly stating that the additional
nsd been an @ On. 20 .ni
him Of the propriety Of tho desired course
Judge Belts hero stated that tho practice under the law
Of March 25 last had been matter Of thought with
him. aud that the values Of tho prize property required
strict careful method Of sale That unless he should
DO able to obtain concert Of action with tho Circuit
Court in the matter Of practice no should
practicable adopt such additional rules In these prize
proceedings as seemed necessary under the exgences
the He stated that he would grant the present ap
pcation with the reservation that the details OF tbs
practice prescribed in the proposed order should NOT
regarded as dehntye rules for tho court In tusus
causes. t@ EMA
MAY THE United States The Schooner Stephen Hdss
and Ca,0o-This vessel our readers win remember.
was captured bp the storsshp Supply, or the Flords
coast and bore for adjudication. An order was
made in April delivering the Navy Department such q
the cargo needed for their uso under which mu.
ntons Of war tho value Of $l49o 900 were taken By
Commodore Pauidng United States Navy Under STINT.
lar order SIS 900 worth were taken By the army
The balance amounting TO about $50 900 in value, y
still in the custody Of the court.
vernmsnt, presented 70 tho court report of
the Prize Commissioners. advising sale a
vessel and cargo ~ psrishabs and dstsriorating n
value, attached to the report was an afhdavit
Of the merchant appraiser to the same effect Mr.. W.
urged several for the sale and in tho absence
any rules the District Court this point. asked
practice OF this sale conform TO the order made
on Tuesday, in the Of the Major Barbour. He stated
that no additional appraisemsnt would be needed II
that had been already attended 70, and ~
sppraisemsnt was on nle
Counsel behalf Of tho claimants resisted tho appti
cation for sale.
Tho Judge decided that the case by the 60
yernmsnt demanded An exercise Of the powers Of The
Court ordered the sale 20 be made asked By the
counsel for the United States.
The private calendar was then taken up.