The national Republican., 1867-02-16
The C0urta.

On motion Off. p. Bradley, esq Hon. Frederick |
I. Frolinghuyscn, Of New Jersey, was admitted an
attorney and counsellor Of this court.
On motion Of Hon. Caleb Gushing, o. s. Baker,
esq, Of tho District Of Columbia was admitted an
attorney and counsellor Of this court.
On motion Of J. P. Bradley, ESQ, Geo. M, Robe.
son, ESQ, Of New Jersey, was admitted attorney
and counsellor Of this court.
No. 10, original. The State Of Texas, complain.
ant, vs. George W. White, John Chiles OF al. Mr..
n. T. Merrick, Of counsel for the complainant filed
| bill and moved the court for process to issue as
prayed fori which was granted, rsturnable the ID
Monday In May next. Also, for an injunction,
with notice to bo served ten days before said "a
Monday Of May next.
No. iSe. Winthrop W Gilman, plaintiff in error,
| vs.. John Lockwood This cause was submitted to
the consideration Of tho court on printed argument
BY Mr.. Carpenter, Of counsel for tho plaintiff in
error.
No. 1877 Philo S. Shelton, and Philo s. Shelton,
the younger merchants, doing business under the
namc and style of philo s. Shelton Company,
plaintiffs in error, vs. Arthur W. Austin, Collector
for the District Of Boston and Charlostown. This
cause was submitted to the consideration Of the
court on printed argument by Mr. Attorney Gen.
eral Stanbery Of counsel for the defendant In error.
No. l39 William d Thompson, plaintiff in error,
VS.. Augusin Vaarno. In error TO tho Circuit Court
Of the United States for the Southern district Of
Now Yok. Judgment Of said Circuit Court In this
cause affirmed with costs.
No. 265. @. A. lie More Co, claimants Of $50
bales Of cotton, appellants, vs. Tho United States
and
No. 27O. Wellington W. whitcnbury and Ross
W. Doyle, claimants Of 395 bales Of cotton, ap.
pellnnts, VS. Tho United States. The motion to
dismiss those appeals were argued by Mr. Cushing
aud Mr.. Ashton, Assistant Attorney General, in
support Of tho same. and by Mr.. Corwine In oppo.
sition thereto
Adjourned until Monday noxt, 1t II O'Clock.
Pri=e-Iho Rio GTdndC CaScs-Ahtged Cap
lure IN Neutral WatrS-B Blockade Of he Rio
Grahde-1ho United States Us. The Schooner Jen-
mic and Cargo; and One Oihcr Case The
schooner Jennie and cargo were libellod as prize In
tho District Court for the Eastern District OF Lou
isiana, having been, as alleged, captured within
blockaded waters, near tho mouth Of tho Rio
Grande, under British coors, by the United States
ship Virginia, In October 1868. The cargo con-
sisted Of l5i bales Of cotton, In three lots one lot
Of 30 bales, shipped at Matamoras by Groas
Blerchy Co. to Rupreht & Fortner, New York,
or ORDER one lot Of II bales, shipped by Charles +.
Jenny to his own order, New York; and one lot Of
a bales. shipped by Jenny to one Fcrscnheim,
Now York.
The trial resulted in the dismissal Of the libel
and the restoration Of tho ship and cargo to the
claimants upon payment Of costs and damages by
them.
From this decree tho Government appealed and
the claimants also appealed insisting that instead
Of being charged with costs and damages, they
should have been allowed their costs and damages
for detention, &c.
Tho Government submits the following con.
"
gcst the main features In the case:
Tho capture was good, and made In American
interdicted waters while tho ship in suit anu her
cargo Of cotton woro in the act Of attempting to
run the blockade. All the claims, without excep-
ton, arc provisional claims only in form and sub.
l stance, not one of which has In any manner been
ratified recognized or prosecuted by any one Of tho
parties to whom ownership was therein imputed,
either Of ship cargo, and consequently claim.
ants were in court when tho adjudication was had
and no claimants still appear. But II there be q
regular claim in court 1t must bo dsalOwed, since
In the of such claim there is utter absence
Of affidavit or specific ayerment, even In form, and
none Of them Is supported in fact. No evidence
exists in the record respecting ownership either Of
ship or cargo but that Of the papers and crew Of
the ship, which, in the first instance. controls tho
adjudication.
The irrevocable power of attorney, made between
: : certain Of the parties q sale to an enemy on
its face and that the vessel remains enemy prop
erty Is a recognized presumption, which tho most
! indubitable to be adducod by the claimants can
4 alone overcome.
D The proof in tho record raises violent suspicion
in addition that tho papers throughout concerning
title to tho vessel simulated and that the pre-.
tended vendor in the case remained owner before,
! and that he an enemy In tho employ Of tho
!. = Confederate States, which probably owned the
vessel.
Tho claimants insist that 1t is absurd to say that
there was an attempt to break the blockade; for
there was no blockading in law or fact at tho
| u
port was bockaded when forty or fifty vessels wore
loading and unloading in the hRrbor or road.stead
' OF that port, and In the presence of the United
r States vessels Of war; and with the knowledge Of
tho Government, would be to assert the highest
: absurdiy Nor is there proof Of carrying any
contract and favor to tho enemy nor is it shown
that ship or cargo were enemy property.
The act Of sealing or anchoriDg In American
waters, of the mouth of tho Rio Grando, is, in
0 ITSELF and unaccompanied by any purpose to break
the blockade to carry contraband Of war to the
enemy, no ground for condemnation or forfeiture.
It is no violation Of any principle Of international
! law nor Of any act Of Congress Mexico and the
United States arc entitled to the common uso Of
tho waters Loading into and out of the Rio Grande.
Henry Stanbery and j. Hubley Ashton for the
United States c. Eamcs for captOrsi VIM. Marvin
for claimants.
Residences Of Me Judges Of Me Supreme Court Of
tie United States.
Mr.. Chief Justice Chase, Il street north, corne
of Sixth street west.
Mr.. Justice Wayne, No. Franklin Place, I
street.
Mr.. Justice Nelson, National Hotel.
Mr.. Justice Grior, No. 0 north A street, Capitol
Hill
Mr.. Justice Clifford, National Hotel.
Mr.. Justice Swayne, Willard's Hotel.
Mr.. Justice Miller, National Hotel.
Mr.. Justice Davis, National Hotel.
Mr. Justice Field, Willard's Hotel
John W. Wallace, reporter National Hotel
D. W. Middleton, clerk No. 56S New Jersey
S avenue.
David S. GoOdng, U. S. Marshal, 4sl street.
CRIMINAL CouRT - Judge Fisher. Mel
son Lindsey, convicted OF tho larceny of shawl
valued at S22, was sentenced to one year in the
Albany penitentiary.
In the case Of Sanford Conoyer, alias Dunham, a
motion was made for a new trial.
Patrick Fitzgerald, indicted for assault and bat
tory with intent to kill was found guilty of assault
and battery and sentenced to six months imprison-
ment in tho common Jail.
In tho case of Fitzgerald, indicted for assault
and battery, a ROiio pros was entered.
Hillery Green, indicted for larceny was acquitted,
George Smith, for tho same offence, was also ac-
,, quilted
!, In the case of James West, indicted for assault
u and battery, a HOllc pros was entered.
Molly Fisher was sentenced to two days inpris.
a onment in tho common jail for tho larceny of sew
eral household articles.
George A. Miller, indicted for assault and bat
terry, was found guilty and sentenced to pay fine
of S25.
George Costor, alias Conway, Albert johnson
" apd Conway johnson, alias Parent indicted for