The New York herald., 1863-07-25
IMPORTANT PRIZE DECISION.

lMPOR TANT PRIZE DECISION.
~~~>~-~~~~>~>~~-~~~~~~~~
The Steamer Ouaohits, ner Tackle, dsc.,
Va. The United States.
Nnsox. G. 1.-The steamer Ouachita WINS captured ~
prize by the steamship Memphis Lieutenant wamough.
Of the United States Navy, commanding, the l4th Of
October 1892 on the southern north Of Charleston
s. c., In lat. 80 deg and Ion. II deg 20 min west At
the time OF her capture she hundred and
atty miles from land; when first discovered by tho Mem
phis but fifty or sixty miles, The Ouachita was owned
by r. s. Begbie British subject claimant, and com,
manded by T. s. Gpin also British subject She was
screw steamer OF about ffty tons burden Her voyage
was from London 10 Havana She left in ballast IN August.
1862 and stopped at Bermuda ST. where she TOOK
In cargo Of and ammunition for Nassau, consigned
TO resident there named Hart The master had
verbal directions from tho owner upon his arrival at
Nassau deliver the vessel Hart together with what
ever she had board Among the papers IS q letter
from Hart to the master received by him while at Ber
muda in which the writer says that he has been advised
by the Begbc that the vessel would touch at thai
place. ana pointing on, 70 the master me M
TO Nassau and how TO avoid them. When the master
left London some letters were delivered to him by
the owner, which On opening no found we're nstruc-
tions report to person or the of Bovine,
at Bermuda, and he would sapIy him with whatever
was reedful Another letter was an Introduction TO
Hart, OF Nassau and also OF like purport Of the
TO Bovine. Bovine was shipper ~ the and ammuni-
tion board the vessel Bermuda for Nassau There
no bills of ading or invoice other papers except
registers and shipping Of men and clearance, usual in
cases o. bona hde shipment Verbal Instructions
given BY Bovine 70 the master TO follow the directions of
Hart at Nassau both vessel and cargo There
some thirty tons measurement OF cargo OF and
ammunion Soon after the discovery OF the United
states steamer Memphis the morning of tho l4th
October the day or capture the Ouacha changed her
TO the eastward and some hours after finding the
Memphis gained her. the master gave orders 10 throw
the whole o the cargo overheard which done with
the hope OF escaping, but was overtnken and captured
about four O'Clock NJ The master further states that
he chased by vessels under command Com Wilkes
when he left Bermuda and escaped by running his ves
sci among tho reefs One OF the crew. Young-arst
cook board and afterward hand before the mast,
testes that the Ouachita bound from Bermuda for
cartridges rifles aud gun caps the master applied
him and others Of the to sign paper by which
sterling the vessel clear, and II not three months
pay after capture. We concur with the Court below In
the condemnation. II ~ impossible TO doubt upon the
proofs but that the put board the Ouachta
with the intention Of running the blockade OF the
OF tho Confederate States, and especially tho
blockade Of tho port OF Charleston The voyage from
bermuda TO Havana was but pretext. The When
captured six degrees north OF Bermuda and,
whom first chased within fty sixty miles OF the coast
II IS quite apparent that this a which
would carry the vessel TO Nassau Havana Tho
roofs also shoS that Bcgbe. the privy and
doubtless, originated the adventure Decree below af
nrmcd
The Brig Sarah Star nnd Cargo VS.. the
United States.
NELSON, c. 1.-THE Sarah Star. with her cargo, was
bash, l. Mercer. commander, at sea- some thirty miles
oil Wilmington NJ c. The vessel owned by Cowson
Gravely, British subject. resident In Charleston s. c.
The cargo consisting OF spirits turpenne and resn
was the property OF G. o. Vim. j. Munroe, citizens OF
the state u Rhode Island and residents there with the
exception OF hty barrels OF turpentinc, belonging 70 H.
Evans. citizen and resident Of wilmington, N.
c. The Sarah Star was purchased from C. d.
EDDY. and owned by the Munroes In March.
1865. and sold and transferred by them 70 tho
above G. Grnvely In July. 1861. The cargo put on
board the Sarah Star in July same month TO be shipped
in March, 1851 and remained there ill she sailed her
present voyage, about tho 2oth July Tho port OF viii
onf
Of the egress OF the vessel from port The vessel and
cargo Condemned enemy's property, aud ac-
quilted upon the charge OF violating the blockade. We
agree to tho condemnation Of tho vessel; for
although Gravely Is British subject, yet he is .
;nere and FOR sashs ina. appears co%tpuss sncre h
business since the breaking out OF the bat the
property Of the cagoes belonging to the Monros stands
on different footing and, IN my Judgment not liable 70
condemnation The test oatbs OF theso persons show the
following state Of fac and which s not In any way
uadicted or impared:-They are each natives Of New.
port, r. T., the born the year 1872 tho time q
the other stated They have always resided said
State each them have families who rosue there and
the residences in which they 1--we That since the
commencement Of their business a. partners, about
1880. they have Deen IN the habit, during each
the other 70 Wilmington, N. e., and ese~ hero In
the South, making sales Of goods. and reinvesting
season 70 their homes at Newport That during their
visits South business their families remain reside
time TO time in tho months Of May June July 1891
with the proceeds or goods sold there by the arm and
enable 10 transfer the funds from the South 10
New York Northern State. The tesators then
.ns ausSorss Il washington in their sndssvors to ship
the goods North and the neceesy of adopting the
dent Of selling the Sarah sssr TO warey with the con-
don that be should carry tho cargo 70 Liverpool In order
70 get tho goods out Of the country IL does not ap
pear tho proof but tina. these parties left the south
upon the breaking out Of te disturbances indeed
say. appears ahrmatvcy that thoy dad leave The
country afser disturbances they could
vert their property into funds which could conveniently
be carried with them. Under these circumstances
opinion tho decee against the Of the Monroes
n erroneous, and should DO reversed The domicc os
the IN Newport r. L. and they entitled
reasonable time withdraw from their business
nectins In the e1emys coontry assr the sreskng out
belonged 70 Evans, arresident and citizen q North
Carolina, and eneny's property. Decree below Afrmed
vesel and cargo os D. Evns-roverssd % 10 cargo
belonging 70 tho honrocs.
n The United states.
Nusos, C. inns vessel was captured on the LIST Oc
tober. 1851, by the steamer South Carolina 10 the
Gulf q Mexico OF fmbaier Island and BaraAra Bay on
thc coast Of louisiana She OF the burbcu u las toos
snd laden with arms, smmuntou coffee &c, on voyage
AymAr British subocs doing business at New Orleans
where he has resided for the psss eight He
Spanish subjects, and shipped board at Havana,
sensbly destined for Tamptco The only question In tho
caso No. whether not Che vessel tts cap
attempting u enter the port Of New Orleans,
which in q state OF blockade. The owner, who
On board and master know OF tbs blockade Tho vessel
northwest and Immediately tackled 10 ihe southwest and
chased four hours before overtaken and cap
tured. she some sx degrees, over i've hundred
miles north. out d her proper for Tampico. and
heading towards pass that would lead 70 the Mssi-py
river and New 0rIeans. Tampico some eight
or nine hundred miles south of west from Havana
The attempted explanation OF departure from the
usual course Tampco-nsmely bead winds and defec
tive barometer mot satisfactory Indeed, At the time
u the CAPTURE Ia admitted the wind was from The cost
No ooe can look the map without beng struck with
the insufcicocy OF the for the position n the
vessel in norhsrn latitude compared with
her port destination and In the vicinity Of of the
customary passes New Orleans. We nothing
the cargo board. Sne had right N carry W Tam