The New York herald., 1863-07-27
IMPORTANT PRIZE DECISIONS

IMPORTANT PRIZE DECISIONS
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United States District Court.
Before Hon Judge Nelson.
FAs Naomsv SUNBEAM and Her Cargo o. The United
ut-This steamer captured in the act OF entering
the port Of Wilmington, N. G., bockaded port the
morning OF September 2, 1852 by the United States
steamer State Of Georgia. She belonged to aforce
ohant OF Liverpool, and British subject who also
az the cargo except eighteen bales Of merchan
dseworsed stuH-belonging to J. Greenwood, Of Brad
ford York county, England manufactures Of tho article
The cargo of Iaorce consisted Of powder, lead arms.
boots, Shoes. &C., and put board ut Liverpool in
August 1soo-the bales OF worstcd stuffs at the
time and place through agents Of the manufacturer and
owner. Tho ostensibe destination Of the vessel was
Matamoros, Mexico She started on her voyage from
Liverpool the 9Th August reached Halifax on the Sth
OF the month. and the 2Sth captured, az al
ready stated entering the port OF Wilmington
Of this port is the disabled condition Of tho vessel from
storm encountered on the voyage on the 10th Sep
tember eight days before the capture Without going
storm and It's effects upon the vessel greatly exag
gerated and do not furnish satisfactory Tor her
position a the time Of tho capture Thcre also many
facts and circumstances the loading strongly
the conclusion that the voyage 10 Matamoros ws
atcd and the original destination tho ports OF
the Confederate States II has been strongly argued that
the Of the cargo, consisting OF worsed
ignoran! and innocent q the fault o. the master that be
shipped in the usual way with separate and distinct
bin Of iading invoice &C. and should not be hed respon
sbe for the deviation Of the ship into bockadcd port
We are inclined 10 think, upon full consideration
of the evidence bearing upon this part Of the
and that neither the owner or any Of his agents were
implicated in tho fault Of tho vessel But the general
ruo be that in Of blockade the deviation
the vessel into bocaded presumed be In
he service " the cargo, and tho bound by IT,
cept in the absence Of notice OF the blockade a the time
the vessel sailed The vessel sailed In this from
Liverpool the 9th Of August 1862 months
year the establishment OF the blockade Of the ports
Of the State of North Carolina The known
in Liverpool and indeed in all England ut tho time this
ship sailed. Decree below affirmed.
:, 1he SA,p Adrsance and Car1o u' me Cntsd Stas,s-
the ID of May 1862, at anchor at tho dock OF
Morehead City opposite Beaufort c. BY United states
lockwood: she IS vessel OF over six hundred
tons burden. and was built in Portsmouth. Me-.
and others Of Charleston s. down TO February 1851
when she purchased In Liverpool BY J. K. Arm.
strong and H. Gerard British merchants " that city
:. D. Forest an American citizen, master. He
appointed by the ut Liverpool and then took
session o. & her Her last voyage was from 81 John,
1851 with assorted cargo, and arrived Al Beaufort
22d same month. There were blockading vessels at
the port when she entered and arrived TIL several
days afterwards. Her cargo there discharged and
another put board, consisting OF rosin pitch and
on board on her voyage 70 Beaufort or cargo oonraband
OF war. She was laden with full on tue 14h sep
tember and remained In port waiting for the removal Of
thc blockade from this period until the I'd May 1864,
when she captured by the troops that took Fort
Macon and the town q Beaufort. She bound from
Beaufort 70 Liverpool, with her board at the
time Of capture. The above, tniuk, Is the weight
OF the proofs Of the entitled TO credit. some
OF the facts sought TO be mpeached by the testi
mony OF two OF the scamen--Steyens aud Thomp.
son-oro Of them Italian, unable N speak uu-
dersand English and both had been discharged from the
Alliance wbiie lying Beaufort them carly
February previous to the capture and not OF the
ut the time board tho vesse Why these wit
selected and examined In preparstorio In
tho place Of Ct the board at the time
cap,urc-and there In number ceven-has not been
explained II Is great irrcguarily, which cannot DO
The examination should have been conncd persons
board At the time Of the capture unless upon special per-
mission of the Court rst obtained satisfied, upon
very full consideration uf tha proo! that here
actual blockade OF tho port Of Beaufort the the
tsution existed part her alter such entry
establishment Of the blockade break IT, OF
any act done by him with such intent while the vessel
rcmaincd in tho harbor and previous her capture
think also that the be oagcd 10 BrtEh
and even before the breaking out of hcssIies BusI
nj the time Of capture were the property British
owiers claimed and, upon this ground shall send the
the the court In the Ssathsrn District II
New York. and the claim Of property tho and
cargo made behalf OF tho sams party Of tho
same parties further proofs may be AZ 10 tbs pro
pretary In the vessel well cargo by either
or both the parties to the suit
The Steamer Menphu, Her raokS aad Carps Ae
Unsied Slass.--Nnson, 6 THE steamer Memphis was
captured tho 3lst u July 1892, BY tho United States
- 30 and longitude IS 10 west being about eighty
miles the eastward Of Charleston South Carolina Tho
by he register, Donald Crucishank. master. She She
British vessel, and the cargo belonged 10 British
sabcct. The voyage was, In fact. from Liverpool.
South Carolina. having left Liverpool 10th Of Nay
and Nassau the 10th OF June, 1884, passing United
States bockadns squadron and entering Charistou 23d
month The cargo landed in Charleston consisted
Of eighty Of gunpowdcr large quantity Of rines and
muskets, and general nerchandise She tok on board
for her voyage fifteen hundred
bales Of cotton and ave hundred Casks OF rosn which
constituted tho cargo ~ Tho tims of capture. Mr..
pool says consisted about four tbousand stand Of
arms and nine hundred barrels of powder and when
CASKS Of rosin Inc proofs are full show that the
and Andrew, tho owner q the cargo on board,
knew Of the blockade Of Charleston at the time the vessel
IL and also whom she ls Charleston her voyage homo
They are 100 fu and decisive Of the criminal ntsut 70
call Tor any epssnded examination Of them. Decree
re Sehaonsr Asosb~roA a.d Carco ~. TIE UsSsd
tured Al sea on tho coast q Florida rernandina 3ist
August, 1881, bv tho jamestown, vesselowar The
AgsS1,sn vas 90 ,oy age y from nssnnss % Cuba; 70 y.
OF Newbern July, with cargo OF rice for Matanza
Al the sime sGrss the part no. actually bockaded
OF csvurc British sahset but resident doing bust
ncss in Charleston, The Court below condemned The
on ona ssns Ss s
this decree. pecyse OF Court below affirmed.
7hs SAip Ch0kas oad Cospe 70. me Cnsfcd Sf0fes-Nu
SON. c. JFhis vessel was captured 81 ths port of ga
vannah, GA, On fs on Dscembsr 1884, By ths sesusss
Augusta ono OF The bockadiug vessels. She was on
yoys. irc Liys,poS. q. % ssss.s r. with direction.
vessel and cargo 10 call at the port OF Savsnnah and IN.
QuIre u the blockade had been removed Ire vesssl
rasa from Liverpool on the 10Th. of December 1854
with cargo Of coffee salt, Mn, blankets 40 she was
ownsd b. Jsspn Bassesoy, asd the csrgp by him and