The New York herald., 1863-07-18
THE BRITISH PRIZE VESSEL PETERH0FF
United states District Court.

L OAAIeU SlAteo OhStTACt OOuEts
Before Hon. Judge Betts.
The United States u.s. tho Steamer Paerhor, her Tackle
&C., and Caroo-This cause, which has occupied the
Court for several days. and has been interrupted by
recent disturbances, is Ain pending.
Mr.. A. +. Smith presented and argued tho following
among other points, at considerable length
First-Trade with Mexico by neutrals Is legal whether
il be in articles conraband OF The fact
that contraband imported into Mexico might be again
sod and so come to the use of the begerent could
no effect upon the question: The trade must be direct
Second-Trade with the bellgerent by the neutral Is
lawful, except where prevented or forbidden by the
tion OF this rule In the war between Spain and South
America in 1916 and 1929
7Aird-The mouth Of the Rio Grande was not bockaied
and though II might appear-as IL does not-that the
cargo Of the Peterhof might find It's way into Texas
beugerent right would be violated thereby
Foth-Not doubt exists0that the destination OF the
poterhod Matamoros In Mexico IL Is not pretended
that she intended to any blockade Her bills Of adng
show her cargo consigned TO we'll known firms in Mata
moras. Her insurance was on voyage TO that port.
Fum-lhe documents accompanying the cargo are all
are perfectly regular and with the letters
honesty of the voyage and the testimony Of the witnesses
proves concusivcy all that the claimants this
subject
Sizth-Thcre nothing contraband board the yes
sci unless the sets Of condemned artillery harness
and IL has been already shown that 1t Is perfectly
iul to import thisinto Mexico The legal presumption Is
that the harness to remain there The burden on
linelants 10 show that II had another destination.
Mr.. Smith then entered into careful and elaborate
cusson Of what s contraband recognized and insisted
by the United States government citing the treaty
with Great Britain OF 1904 numerous extracts IRON the
diplomatic correspondence OF Mr. Pnckney Secretary OF
State from volume secondio Elliots diplomatic code.
Setefsfh-The only matter put forward ground Of
suspicion against the voyage the wing overheard
the small box supposed % contain patent new powder
There Is preence whatever that the box contained
papers which related In any manner to the ship
her cargo The testimony Is uncontradcted that be-
ever in the ship os cargo Had remained on board no
injury whatever could have resulted 70 ship cargo
Al the worst this s but ground Or pretence for sus
tary and other proofs Mr. Smith. In this connection,
called the attention of the Court TO the fact that the
passenger, Moh had been permitted by the officers Of
the Vanderbilt TO leave Key West and take with him s
baggage.
E,9sth-Even il IL were proved thai any con,raband
on board designed directly for the rebels, that
would not subject either the ship or the cargo conde
nation.
Mr. Upton, counsel for the capors proceeded with his
argument, in the midst OF which however, he on
by the disturbances in the city He said that the
Pecrhod, of the burthen Of go tons (Engsh), the
months q November and December 1862, and January
1868. fully laden with cargo Of assorted merchan
disc at the port OF London In Great Britain and early
the month OF January she left port documened
voyage TO Matanoros upon the Rio Grande, In the
republic Of Mexico She s British built steamer, and
her registered Is Joseph SPENCE of Cornh the
city Of London. Prior 70 this voyage she owned by
the well known .. Pearson and employed 10 trade with
the (socaed Confederate States having, upon the voy
age Immediately preceding, carried cargo OF cotton the
produce OF the enemys country from some port in
commercial alliance with the rebels to the port of
London (vde answers to the twelfth nterrogatory Of
Capt. Jarman the mate. Tedgcr the passenger, Almond
the passenger, kedgae; the cook, diamond, and the
seaman, Reed), IN return for miscellaneous cargo, de-
livercd at Nassau Under the agency Of Messrs James
Bennett wako. ship and Insurance brokers, II Corn
h London, acting behalf OF the OF the steamer
(vdc paper marked Exhibit No -, the cargo laden
on board by large number Of shippers all Of whom are
British Subjects residing 10 London, with the exception
OF Samuel j. Redgate, who Is n citizen OF the United
states last residing in the State OF Texas wide Red
gates answer TO the hrst nterrogaory and supplement
testimony and the OF Trediger 10 nterrga
tory 34) The shippers Of cargo all represented by
passengers supercargoes board the steamer. The
bills OF adng wide Exhibits 1855 to 800 ncusvc) all
the order Of the shippers and specially endorsed with
directions TO deliver the merchandise to the respective
passengers While proceeding upon voyage and 60
ing towards the port Of 81 Thomas for a supply OF
Goals, about the Goth OF February, 1868. the
steamer was overhauled by the United States public
her papers, allowed TO proceed to - Thomas. On
the 25th OF February she left the harbor OF ST. Thomas
and was brought 10 by the United States public ship
derbit Her papers examined by boarding officer,
who Immediately returned to the Vanderbilt, leaving
directions that the Petehof should remain stationary
while he communicated with his commander shortly
thereafter the boarding officer returned to the Peterho
and Delivered to the captain OF that vessel the directions
that he the captain OF the PeterhoH should proceed with
the rapers Of his vessel for examination onoard tho
yandcrbli ana this the captain Of the pecrhd peremp
tory refused 70 do The boarding officer again returned
TO the Vanderbilt and shortly thereafter sucient force
| and she was forthwith sent as a lawful prizc
into the port Of Key, West. The Judge of the frirc
Court AZ Key wes, being absent al Washington
port, at tho request OF the British Consul there the
steamer sent North for adjudication and arrived al
the ror OF New York on the 2h day Of March last on
the both day of March libel fled against the vessel
and cargo lawful prize n and the monltIon that
issued thereon made roturnabe the 2Is of Aprl
following on that day appearances were uIy entered on
behalf OF claimants OF the ship aud cargo ana claims
were interpoecd a. follows
Ffrs-Ihe claim Of = Jarman, the captain Of tho
steamer Pcterhou In that capacity intervening as agent
4 Tor the owners of the vessel and her cargo =
Sscrnd-rhe claim of Robert Mackie the agent IN New
fcsk Of the underwriters al Loyds In Enrope inter.
veniug behalf OF said under writers and a, errog The
insurance of the steamer and her cargo against s bv
capture and the vosns of the owncrshp m sad steamer
aud her cargo In the said uuderwritors bv virtue
l o. an accepted abandonment aet loss by capture
This claim OF the underwriters at LLOYD Involves al
missions which are fatal 20 the case ~ the claimants
First the avermcn oi insurance against oss bv capture
admits that the vessel might he Awly captured IN the
voyage for without lawful capture there could IL M
condemnation, and consequently no loss second the
avcfmeDt of Abandonment ~ the underwriters nv Inc
owners 81 vessel aud cargo and their acceptance ~ the
: abandonment. by which the ownershp became vcsted
W he underwriters admits that the steamer ana c,rro
had been lawfully captured and we're suhec, 10 ta,. nj
condemnation ~ inevitape that the loss Nv ,bo par a.
cuar rcr insured against del % have actually
\ occurred
| 'ytird--The cnim o. samuel gedrs,e ,ntervcn,~r-
for himself as owner, also r,prssrntng by agency