New-York tribune., 1867-08-14
CIVIL COURTS.
UNITED STATES DISTRICT CoUR

UNITED STATES DISTRICT COURT
OPINIONS AND DECISIONS BY JUDGE BLArCH-
FoRD-INTEREsTING QUESTIONS IN RELA-
TIoN TO THE RIGHTS OF PARTIES 10 TAKE
TESTIMONY BY COMMISSION IN CERTAIN
CASES. ,,
Ferdinand Hansen ct sg steamship LOuls,u' her tackle he
BLATCHFORD, J.-Ths is motion Tor a Coin-
mission to examine ut Liverpool England Oh written III
terrogatons and to be answered to
the Commission such witnesses Tor the Claimants a. may
be brought before the Commissioner. The libel filed TO
recoyer damages for collision between the Prussien
bark Louisa, and the British steamship louisiana ~ SOU
The moving affidavit does disclose the name OF any
witness proposed TO be examined, further than 10 say
that the claimants desire to examine Richard Ms ana
Others late composing part OF the crew OF the steamship
Louisiana nor does Il state any fact expected 10 DO
proved by any Of the Witnesses Beside te auaIt ior
the motion is not made by any OF the claimants. or oy
their proctor but is made by the advocate for the claim
ants, and no excuse gwen for THIS IN tneso PtS
lars Rules Nos lO6 and lOr of the Court are yl4aeG
3d. also, Rule No. lO5 Is violated, by inc dehy IN
making this motion. The libel was heo Apin pm ,ht -,
1857 and the June 1851 Tho aindaVt ior Inis
motion was not made August 1857, and no excuse
is shown for Noncompliance WIN rune iOS s ~ har
after that the rules prescribed by the court for the con
SCoTy daSS DI m % rnsbd FOR not observing them In
this the marked violation of rules lOo anu w "ou
be 'HSeIt no 1ha gGnnp Ss beaSs express Willingness to
waive tho benefit OF the rules. on cohuton Una. I ao
granting Of the commission DO por Of the innis
lana, and he, and the others whose tesnVhy souhn'
were brought to the port OF New her denosons might
have sheen taken here de oeie esse ino oy tS
offered for not doing this 49, thht inc prootvl % o
advocate for the claimants advised them that IL was
better TO postpone the examination OF tnoso w'oSo9s h
until the witnesses forthe HDeants shouu pe
amned and that they must be sent back 10 NeW-fork
Tho claimants did In fact take at NOW III T ov,sie%"'
the deposition OF four officers OF the Loulslanal
who were on board OF her az the umo vi
the collision IL Is announced tnht tno W,.oosoS ~ ~
question will return TO Nowfork before the sl oi
he case iJnder these circumstances the libelans OK
press a Willingness O waive their oeGuOhs 70 sio as
Ing OF the notion provided they be allowed III huuon
putting written crossnterrogat0ns 70 the
TO crossexamne them orally uhaer tho ta ,,nder
standing OF the facts Of case, partlcuary ves
case where the witnesses on board the Two couinh S
sels scarcely ever agree TO the circumstances %
ing the collision IL Is praCtce wou % pr % ora uos and
benR one oalcuated promote the dlspehsaoT Ttps ~
Justice IL ought 10 admitted In proper cso. ., hs
Court las full control over the mods Oh % ~ tes
Observed I'm executing commissions for tho taking o, 'e
tmony tenedicts Adm Pr, 6lS Belts Aa: IN aih ii
&c. ct sea In the present case tmo nos9o. y when
onts IN examine the witnesses orally In vant
they had all opportunity Oh dons ~, ,hn m nTyilege of
the liheIants would have enJolned tho p'' ought
orally cross-exnmning such witnesses nosSI6le
not to be allowed TO W0rk 20 the libel
benefit to rbe claimants or possible INJURY of com
% 20 , the ex xamnation before the unleu ~
% az ~ ,,arnooi OF snch witnesses on tno pai. ~ u , r
claimants AZ shall named In lne anPes to be an
tn and cross interrogaor@es @ -, ,,Hert
on (" H" onmmisslOn the hDelahts 10 po as
m add,,ton to crossexamine sucn "lnesssos 81, con-
n'ns 90 III nSore the Commissioner; the % ot,na
tain direction to the Comnssonv and IN certify and
TO writing such oral cross 1ton u
Io'uin IL WI" INV IN BANKRUPTCY.
, e,.>, pvroRE FIRST MEETING OF CREDi-
ii"E W oi' rw ,y,,pN SOME OR ANY ARE FOREIGN
rD"sIo1,yTs-yOTICE 70 SUCH CREDITORS
In re julius HeIa vo,lnI-y pa'.IIp" Al, orod;-
BLAroaroRD, jim this case al tue cteoi-