The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-04-22
THE METEOR CASE.

-~~e~~-~~~.~~N~~~~1~~~S~>
Close OF tho Arguments OF Counsel-Judg-
ment Deferred.
UNITED STATES DISTRICT COURT.
Before judge Belts
Mr. Evarts counsel for the claimants concluded his
lengthy argument by review Of all the points relied on
by the government adduced In evidence and summed
up on two questions THE motive and supposed duty
Of In insttuting prosecution aud The
nature OF tho offence" He commended. to the rst
question: that crime must be alleged and its perpetra
tion alleged and proven The fate OF the vessel in
volved only a consequence Of the crime completed
and only when she shall have been the subject OF the
perpeaon OF the crime with the concurrence and CO.
operation OF the Of those having control OF
her. service Of ship in inritun, trespass,
cannot expose innocent mans ship to connscation
conviction OF the crime must precede the innic-
tion OF the consequencehe forfeiture Of the vessel
Tho forfeiture OF the vessel Is part Of the
punishment OF the crime, and only be imposed
part of the penal sentence upon guilt established in per-
against the This only DO done upon
trial by indictment according to the guarantees Of the
constitution. The statute nowhere gives the proceed
ing in tenn either of admiralty or common law, jurs-
dction for the penal infection; and 1t has no precedent
for It. In dealings for ships Of warlike capacity
is lawful Nothing but beligerent purpose, for one
against the other Of two begerent parties with whom
hostile purpose not thus limited nav be- practical and
may be reasonable but is not against this section Of the
statute The proofs OF the government wholly fail to
make out any Illegal act any illegal INTENT either
upon the evidence a. It Is including all the hearsay
or excluding hearsay evidence; no surmise, even
TO the prejudice Of the voyage find place. In this
connection counsel considered the ground OF suspicion
support for forfeiture, and cited the slave
from I'd Wallace Reports The whole treaty to which
the owners were proved party was wholly CONNER
ca wholly Of sale, and this treaty all fell through The
rest that proved Is avoyage planned on the owners
kind except what would enable her take that voyage
and be competent for commerce These points on the
Whatever capaC.y or adsp,bsy to BE- conrere% INTO
cruiser hostile ship TO the plan and purpose OF her
original structure, and that In neither was at all con-
nected with the Illegal intent OF the statute and much
less with the alleged intent Of the libel. Second,
That In this actual structure the plan or pur.
Meteor was pierccd for guns being the sole adaptabiy
70 exclusively hostile that alleged about her That
the Meteor was swift and her model adapted 20 that
quality Ia not o warlike adaptation, and so with any
other characteristics which merely affect her excellence
as ship Third, That tho Meteor was never used or
ment TO which she had been put, except for
mercia objects TO her owners vz:-as carrying ship
In southern trade and A. transport In the line Of the
government Fourth, That from the time she carried
her last cargo oqupment furnishing or fitting out Of
the Meteor by any person or for any purpose. or with
any INTENT has occurred Fifth, That during this Same
time all that has been wished, purposed, offered In
tended by her connected with her
has been TO sell her. has been TO sell her for money
and that whatever has been done has been OPEN noto
and public Sixth. That during the same time no
treaty or project respecting the vessel TO which tho own
were party has contemplated anything but an abso
Lutte sale for money she lay without charge and roe
from any preparation or prospective employment or In
all these treaties fail and apparently unsupported
by any ability 10 buy the vessel any substance 10 tho
negouaon. 70 buy seventn rhas ,,
age TO Panama, under American register openly and
regularly cleared undertook TO clear her at the Gus
tom House; were not interrupted by tho revenue OH
ccrs that against tho sincerity OF tho destination
Of the ship no proof whatever has boon given
their own gain chat a. Byron. McNichos Conklin for
the hope OF brokers' commission, and Captain Nichols
In search Of the guilty profits OF pracy vexed that no
results followed the attempts 70 buy this ship have In
duged q surmss to the prejudice OF her voyage; that
upon . speculative conjecture that II the ship was
nation was lodged BY Byron, and The government has
stopped 70 operation with this loose and purely pri
vate speculation Ninth, That tho owners have ADDED
the and await the restitution OF their ship.
with full Indemnity for their serious losses from the
government whose officers have abused It's power In
subvsrtng s authority 70 the purposes Of any irrc-
sponsble nfomex and In the face OF Law and justice,
the established policy Of Congress and the Executive
interrupted an innocent commercial adventure, even
under any sumsc Of its nature that may be induged
In Mr. Evarts concluded In claiming for his clients that
In demanding this investigation they were indicating
Mr. Gnsrn replied on the part Of the government,
occupying the from eleven O'Clock TIL is adjourn
ment He rapidly aud succincty reviewed the legal
points submitted behalf Of the claimants. presenting
different views. and submitting for the consideration q
abe Court Of later date connected with the dis
Of the neutrality laws Of this country than The
older statutes relied on by Mr. Evars In conclusion,
he would briefly refer 10 the last suggestion OF counsel
that his clients DO considered the indicators Of
the freedom Of commerce This was Just sich line OF
XlsIsndrs and which the friends Of the hessrx Laird
In Parliament used TO vndicafc their action III hcssrs
Forbes on their theory Of the case are TO be considered
the vindicato Of the freedom Of commerce. then the
Msssrs Laird occupy that position For, what did they
dor They only undertook 10 sell TO the Confederate
United States for period Of two years, an amount Of
denuncaton Of oblequy and OF criticism OF the queen
government Of the law ocers and judicial tribunals Of
nation has never before metsd by nation
In amy with another Docs any one here suggest that
the IArds represented the freedom Of commerce. We
thought the only freedom they represented, whom
they fitted out those rowing cruisers, was 10
bottomess deep; 10 indulge the p,lable, contempt
BILE business Of destroying the results Of the hard earned
industry Of these toiins fishermen from New Bedford
That the FREEDOM Of the Lsrds represented
in selling the Alabama the Shenandoah, the FLORIDA and
Taahassa 10 the Confederate AGENTS In Liverpool Now
II our theory BE- correct the Messp Forbes occupy In
relation 70 The Meteor and Chilean government precisely
the attitude the Iards occupsd 10 the Alabama
and other vessels In relation 70 The Confederate soyer
ment There h freedom Of commerce about ~
There honest ship owner or nrm In this city or
Boston engaged inegtnate business who has any de-
sire that Tho sessrs FORBES sh. sell their ship 70 ne
Chilean government 10 be used az pnva,eer against
Spain All upright men must wish 70 Sc the govern
men, nesa o. WIN oDs .ny nan IN n.
United States who either having ship which cannot DO
engaged In legal business, or ship which Tor mere
money he can uss against The interests OF neutral
ny. I aware I am addressing no. jury, but
magistrate who has special experience with examination
Of papers and written testimony and therefore deem
II snnecs<sar 70 submit anything 10 your honor IN re-
gard the fscts your honor has sufficiently indicated
that nothing hes gone into the that has not caught
your attention. that you have general Idea OF vha'
said and done n thcss matters were 10 b. consid
cred and determined By jury should hnd necessary
70 call attention 70 The evidsnce on many po'nn WIN
HOnofia hands
Judge Bs took the papcrs rsssrvins his opinion "a
| another dAy.
The Massachusetts, Legislature.
nnJEcrroS o. TIE KroHr HOUR LABOR ELL.
Bosror, April q, 1909.
rhs inusr branch nf The IztsAfure ha