The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-03
NEW YORK HERALD, MONDAY, AUGUST B. 1863

cargo captured to constitute 'nsm owneru tnes 81
within the rules Of the Prize law AHa aa "a S Sv
the Court that aforesaid vessel and cargo 60 sezed
= the ns me ws
fore condemnation and forfeiture against the
same ! ordered Decree accordingly
Tnx Unatsd the Sch0oar N<pAen Hart, Cargo,
eThs allegations and proofs o. the respective parties
IN this suit and the arguments Of counsel on both sides
hSsratoD hsa % bs preaisss and il salts aOtory ap
psars to the Court hsrsupon rs. that the course Of
prosecution regular and valid at law seooud, that at
the Of her seizure the vessel laden with and
transporting articles contraband Of war with intent 70
furnish and supp1 them 70 he use and aid Of the enemy
third that the vessel when seized navigased with
the attempt and design 20 voa tho BLOCKADE q tho por.
blockade BY The pavai forces Of the Unhed States
wherefore 4 s ordered asd adjudesd tina. the said
schooner Hart and her be condemned and
forfeited as lawful prize Of war. Decree 70 DO entered
s0 Ts;sa STINT, - ~ s.ao~ OH. .,
vessel and cargo captured at june co. 1884,
the United states gunboat Columbia and sent into this
Io.' aor ad,udcsos me defence % re action snss
Nova Scotia, 70 Matamoros Mexico, the voyage upon
which abe was seized. The papers returned with the
hemah X. Clements VI Yarmouth Nova SCOTIA 40 owner
Of the vessel built at Nova Scotia August 1850 ship
and December 1852 Tor voyage from Yarmouth, s.,
port ports British West lndies thence TO
term no. 70 sin moths 70 have na ascSrre
Nova Scotia certificate OF entry and clearance u the
vessel by the British Vice Consul Aatsmoros Aprn "a
1893 journal or log account OF the voyage or the
sci from Matamoros, commencing June, $685. masters
manifest Of eighty four bales OF cotton from Nata.
From tho proofs in prepara.orio il seems the
vessel was on her voyage from Mataoros 10 Nassau but
was bad saer or owing 70 the state Of the weather.
il was attempted By her MASTER with the Of her
supercarc TO carry her the port OF New York. and
seized, not making fOr>any other port and when
seized Oh Cape Hatteras supposed, eighty
SUBJECTS and Of them bad sny Interest 10 he yeel
or cargo The vessel loaded with cotton alone No
rs. ssi Ss III a.ss .ss e
from her position hcr lading the Conduct Of the
ns Mss s e.
brief suggestion the part Of the United States that
the captured vessel committed any culpabe act her
cargo be discharged from seizure and 70 the
claimant ith costs and damages because Of the wrong
nc Usssd Sad, r. s Ss lss somp,on and Cor
Ihs vessel and cargo were captured prize Of war,
June 49, 1853 on the Atlantic Ocean blythe United States
dication. James Mcdaniel, Of Halifax, Nova Scotia, in
lerested and claimed Of the brig Nehemiah
had certificate or British registry given at Halifax
oDn e s'T The
gel had Certificate Of entry and clearance At Halifax,
APR, a. 1888 for NASSAU T. r. Of cargo s Of sund5iss
upland cotton, with title Of instructions, bills Of
taken board in the harbor Of Nassau The chips
papers, upon their lace regular and In due order
paratory examination be British subjects without any
interest either in the vessel or cargo. The voyage
menced a. haidax and was 70 have ended there The
outward voyage. between the ports her re-
turn voyage and was not any port when captured
md haA MI I'D apfnr horr
voyage She captured on st. Georges Panks All
the pagers the vessel regular apparently
paratorio that the cargo the procured from
bockaded port BY person on board OF interested
person and no reasonable color for doubt or suspicion
70 the awfuness or fairness Of the voyage question
is furnished by the evidence in the case, except
English, who testines os o. a0 that the cargo seized
was unladen from the prize vessel in the harbor Of Mas
blockade Of Wilmington, bringing that cargo Nassau
He understood the master Of tho Argyle part owner
He was Southern man from Wilmington. This conjec
ture Of the witnees cannot affect the ownership Of the
Neutral cousiSnses 4 that por. acquire perfect tile 10
the cargo against the captofs although was carried
had no s. ausSoy arrest Il o. board sn Ds.ps ye
sells transporting Il from neutral port But acting the
persuasion that the cargo having been unawfuy brought
the BLOCKADE runners vessel on 10 tho Isabella
Thompson, the cruiser might very naturally believe shs
tpn falling within the just cognixance Of prize
court bring bar in for adjudication before that rba
between The Argyle and the Isabella Thompson been g.
txblshed BY the proofs In the entire voyage from win
% o. AK ne Two
the Judgment OF the Court in condemnation Of the
prise Although the evidences fails making clear case
q ict dealing the part Of the brig subectng her 70
forfeiture thDk reasonable OF suspicion arises
out Of the testimony OF Sufficient force Justify the H.
BY them. AZ the proofs stand shall order the brig
and cargo released from iHs seizure, and 70 b restored
mission 70 he bsants on four days previous notice TO
the camans the Court for leave give further
proof IN the sui, upon the Aforesaid point Order 40
M Gsissd States o. ne Steamer Gertrude, Cargo, &C.
Tho above vessel and cargo were captured prsc 1t
APRIL 1863 and due proceedings being thereupon taken
before the court on hs return BY the Marshal or the
default or want Of an appearance or answer Of any parry
intervening oE the vessel and cargo has BEEN regularly
be- ihst she had certificate Of British registry executed
q London. January TO- lsss . Thoe Sterling Bssbis q
made between james Rsisan and crew 7or voyage in
s sssa s ss 81 any W. :.
Indies, or Bermuda, and back 70 the port Of
Nassau, no. 70 exceed three months, and on
for 81. John, NJ b. With miscellaneous cargo, including
conEaband Of war, shipped the came day BY Henry al
TO orders, Win letter or advice from The shippers
dated April T. 1893, addressed 70 W. J. r. Wright At st.
John. NO hg book was found on board The master
third mate and engineer Of the vessel were examined
witnesses. The prize was captured about A. NJ the
10th Of April OF the Island Of Eeutbera after three
hours chase -Four guns fred her by the chas-
ing ship 70 bring her TO- The master understood the OBJ
jet but kept 90 his course epdeavorng get Of the
way thartins n. y, . and 3D. He was bound, By his
could get there. bd IL Her cargo loaded at Nassau
consisted OF powder Tin plates, boots. blankets
and hops. Ubid. 12) He and the owner
Of Charleston, and he attempted TO enter that
port. knowing Il WAS blockaded by the United states
government. Oh, Int Il, ~, ~ There was raseen
ger board Charleston pilot under assumed name
Ub, 34) Witness was generally vsering his vessel for
Charleston. lib ,36 Witness had attempted, during
the voyage, to enter Charleston Win ngton, or
wherever he could get Nnd chased or The other
two witnesses give no Testimony contradctne the
ing the innocence a. the vessel H. accordingly
incontestiby proved that the voyage got up and
prosecuted up to the seizure 81 the vessel with intent