The national Republican., 1867-02-09

OF rhubard Dover powder, citric acid, OPIUM blue
pills, chloroform and calomsl and two packages Of
camphor.
All the documents Of vessel and cargo remained
In the same state at the time Of capture az when
the vessel sailed, and they were thus produced in
court.
The Government appealed from the decree Of
restoration, and the claimants appealed from so
much Of the decree as refused them costs and dam.
ages.
The Government urges that the fact that tho
claim on account Of the specie on board was made
on the behalf Of Lizard as sole owner whom II ap-
peared from the correspondence found that Elarger
part Of II belonged to one Caldwell, who, with his
wife, was passenger on board the Dashing Wave,
and the further fact that the record does not dis
close the residence and business Of CALDWELL either
rs British merchant doing business in his own
country or having commercial domoil In Mexioo-
leave such ground for suspicion, that In the alb.
senoe Of clear proof Of the nationality and neu-
tralty Of Caldwell the osin should not be restored.
There are also other remarkable facts urged as
requiring explanation, In default Of which judg-
ment Of condemnation should DO the consequence
The master, who was part owner Of the vessel, as
appears from the record, testified that he had no
knowledge Of the ownership Of the cargo, or any
part Of IT. that he could not toll whether any Of the
leaders or oonsiguees had any interest In IT. and
that the cargo consisted mainly Of bailed goods
and machinery, making no mention ofthe gold coin
on board He also sworo that Caldwell, the pas.
senger had no interest in the vessel or cargo.
The same questions Of law arise In this case as
In the case OF the Sir William Peel, before re.
ported, viz that the question Of capture in neutral
territory cannot be raised In prize court except
by the Government whose territory 10 asserted to
have been violated thereby that no legal discrimi.
nation can bo made between the right Of an enemy
owner and that Of neutral claimant In respect to
the demand Of restitution In prize court On the
ground Of breach Of sovereign territorial right.
The Government insists that whether the coin Is
cnnAsnab Ia moi un iha alnry and
papers, there can be no final decree Of restitution
thereof without further proof adduced by the
claimants, touching the commercial domcil and
nationality Of the part owner, Caldwell
But II Is submitted that upon the evidence, as II
now stands II is clearly conascable, on the ground
Of its ultimate unlawful destination beyond the
neutral port to which II was consigned. As to tho
balance of the cargo Il Is claimed that the state Of
trade between England and Matamoras, at the
time Of the capture was such that restoration Of
Matamoras, should not be decreed without plonary
and stringent proof Of bona de destination to that
port, there to be incorporated, by real SALE into
the common stock Of the port.
The claimants urge their neutrality, the neu.
trality Of the waters where capture occurred, and
insist that there not probable cause, and that,
therefore, the deeroe Of restitution should have been
accompanied by decree for damages, costs, &c.
Henry Stanbery and j. Hubley Ashton for Uni.
ted States, Q. Eames for oaptors, Com. Marvin and
VIM. M EYarts for claimants.
CRIMINAL CoURT, JUDGE FIsHER.-THE
CoSovER CASE REspMED.-The Court met at the
usual hour.
The defence asked that the members Of the Ju.
dietary Committee be summoned as witnesses for
the prisoner.
Col. Bryant n witness for the prosecution, who
was to have been present to-day, the District At.
torney stated had not yet arrived from New York.
Mr.. L. @. Bowdoin, clerk Of the Judiciary Com.
mittee was recalled, and produced u certified copy
of the proceedings Of the House, showing who were
members Of tho committee. He also read from the
journal Of the committee the date Of conOver'i
| examination.
Hon. Joseph Holt, Judge Advocate General, OF
being sworn testified that the deposition Of Hoar,
and Swivel concerning the completely Of JEFF. Davi
In the assassination conspiracy was written by him
He had no ground to suspect the truthfulness o
either Of the parties deposing Their depositioni
were sworn and subscribed to In the samo building
In which his office was located, but he did not &c
company them to the office of the notary public
Hon. A. J. Rogers, member Of Congress from
New Jersey, was next sworn, and testified that he
was member Of the Committee on the Judiciar,
when Conover was examined, In May, 1865. From
the best Of his recollection but four members Of tn
committee were present during the prisoners ex
animation. The committee had established rul
that, after waiting from ten O'Clock, the hour o
meeting until eleven, they should proceed 10 bust
ness without reference to quorum.
Peter Stevens was next called to the stand, an
examined by the counsel for the defencei knew
man by the name Of 0ser He, 0ser, had been t.
see witness, and said he was In search Of man b.
the name Of Waters.
The counsel for the prosecution objected to re
ceiying this evidence.
Mr. Lander, for tho defence, said that they de
sired to prove that 0sor was outside the limits o
the District, in search Of an important witness
Witness resumed: Had gone under the assume
name Of John IL Pattoni had known the prisOne
seven or eight years.
Hon. Mr. Wilson, member Of Congress from
Iowa, and chairman Of the committee, next too
the stand and gave the names Of those present whe
I Conover was examined. Was present during th
entire examination.
Hon. B. G. Cook, member Of Congress from Ill
nois, and member Of the Judiciary Committee
testified that he was present during the whole tim
Of Conoyer's and Campbells examination.
Hon. NJ Woodbridge, member Of Congress frol
Now Hampshire, on being sworn, testified that
was q member of the Judiciary Committee, an
, was present most Of the time during Conoyer's OF
animation.
Hon. M. Lawrence, of Ohio, testified substan
TALLY the same
Tho examination Of witnesses having cloSed, tn
counsel for the prosecution and defence presente
their written prayers to the court, which were afte
considerable argument on both sides, withdrawn.
Mr.. Wilson opened the argument for the prose
cution by stating that this was most extraordi
nary and important case on account oil the name
connected with it. He then proceeded to reyie'
the circumstances Of the case at length.
After the conclusion Of Mr.. Wilson's argumeu
the District Attorney stated that Judge Advocat
General Holt had come into court to make sligh
= correction of his previous testimony, in which b
stated that the deposition Of Hoare, alias CAM
:, bell was taken In Winder's building. He ha
y since become impressed with the conviction this
the deposition was not taken In the building, br
h, at the Office Of notary public on street. Aft'
i. close examination of Hoares deposition 1t was hi
impression that he did in one solitary instance a.
J. company party to a notary, and he now had goo
reason to believe that 1t was in the case Of Hoar
J. alias Campbell.
. The counsel on both sides acquiescing, the co
reetion was admitted as evidence.
l. Mr.. Goodng thon addressed the jury for the d.
. fence, his main argument being that the witness
!. Hoare and Roberts had confessed themselves pc
jurers in open court and consequently their test
mony should be Of no weight whatever with Il
; the jury
y At the conclusion Of Mr., Goodings remarks Il
court was adjourned until tomorrow morning, whit
4 tho District Attorney and Judge Lander will d
liver the closing argument
s CoURT IN EQUITY-Judge Oltn.-Andre
y StAlings VS.. BENZ. Suit ct al. Decree appointiI
Q Frederick W. Jones trustee to sell real estate.
In Re. James G. Ellis, de iumatieO iRqWiremd
;. 0rder-Rule on Thomas Lewis to answer for 90
IS tempt of court.