The national Republican., 1867-02-08
T1IH CouHTs.
The Courts. IN
SUPREME OouRr OF THE UNrrED SrArEs-
TuunanAw Rahxns~~ . IaaJ


On motion Of Hon. 8. d. Henderson, w. J. Wal
ter, Esq, Of California, was admitted an attorney
and counsellor Of this court.
On motion Of Mr.. Ashton, Assistant Attorney
General, John J. Weed, Esq, Of Illinois was ad-
mitted an attorney and counsellor Of this court
No. al. The Mayor and Aldermen Of the city
Of Galena plaintiffs in error, Tho United States
ex rel. Henry Amy. This cause was submitted to
the court on printed arguments by Mr.. Jewett, Of
counsel for the plaintiffs In error and by Mr..
Grant, for the defendant In error.
No. 2s2. VIM. II. De Groot, Appellants, vs.. The
United States. This cause was submitted 10 the
court on printed arguments by Mr.. Field and Mr..
How, Of counsel for the appellants, and by Mr..
Weed, Assistant Solicitor Of the Court Of Claims,
for the appellees.
No. 1Oi. The United States, appellants, vs. The
Brig Dashing Wave and oargoj and
No. 1858. Tho Brig Dashing Wave and cargo vs..
Tho United States. Tho argument Of these cases
was concluded by Mr.. Ashton, Assistant Attorney
General of counsel for the United States.
No. 90. The United States, appellants. vs.. Bark
Science and cargo; ...
No. 25l. The Bark Science snd cargo, appellants,
vs.. The United States and
No. 1888. The Brig Volant and cargo, appellants,
vs.. The United States. Tho argument Of these
cases was commenced by Mr. Ashton, Assistant At.
torney General, Of counsel for the United States,
continued by Mr.. Marvin, Of counsel for the claim.
ants, and concluded by Mr.. Ashton, for tho United
States.
No 100. The United States appellants, VS.. Tho
Schooner Jenny and cargo; and
No. 252. The Schooner Jenny and cargo, vs. Tho
United States. These cases were argued by Mr..
Ashton, Assistant Attorney General, Of counsel for
the United States, and by Mr. Marvin, Of counsel
for the claimants
No 1O2. The United States, appellants, vs.. The
Bark Torosita and cargo. This cause was argued
by Mr.. Roverdy johnson, Of counsel for the claim
ants, apd submitted on printed argument by Mr..
Ashton. Assistant Attorney General, for the United
States.
Adjourned until tomorrow at II o'clock.
PrtEe-Assnmpiion of Neutrality in the db.
ssn@ Of Proofof Enemy OonsrShip-Trads tcith
MatamOrGs=1he United States, Appeilant', V,.
The Bark Science and Cargo-And hs Bark
Science and Cargo vs The United States. The
capture In this case was made in November, 1858,
while the vessel was lying of the Rio Grande en-
gagged in taking on board cargo mainly Of cotton,
ostensibly from Matamoras. She was but partially
loaded at the time Of capture having as yet re-
ceiyed only 3l4 bales and 80 slofs.
The prize was taken to New Orleans and there
libelled, Do Jersey 4 Co., Of Manchester, England,
claiming 97 bales Of cotton, and tho master Of the
vessel claimed the balance and the vessel, on be-
half Of tho shipowners.
The claim and answer of Jersey 4 Co. alleged
that they, through their agents, Folko wilkins
at Matamoras, prior to November, 1858, 90 did bale
and put on board tho bark Science the ninety
seven bales Of cotton" destined for Lvorpool,)
and that "they were passed through the custom
NNN-~N f-aN
thereon"
The masters claim and answer did not state the
names Of the owners Of the vessel and cargo, nor
did II the absence Of hostile interests therein
In June, 1864, the court dismissed the libel, and
restored vessel and cargo to the claimants, tho
ground that the capture occurred south Of tho
dividing line in the waters Of the Rio Grandc, but
directed that the claimants pay costs and damages
consequent on the capture, there being probable
cause therefor. From that decision both the Gov
crnmont md claimants ANIMAL n this cOurl tho
former contending that there should have been
demnation, and the latter that there was not prob
able cause and that they should therefore bo re-
lieved from the payment Of costs, 90, and be al.
lowed damages for the capture and detention.
1t appears that tho outward cargo, shipped BY
Bennett Wake, Of London, consisted Of 6,9l3
pieces and packages, 4, 900 boxes Of brandy, and
about 90 tons Of bar and bundle iron not inyoced,
besides 5S7 bales which covered by tho bill Of
lading Tho master testified that he did not know
tho contents of the balos, but the mate said they
contained grey woollen cloth Tho evidence In the
case Of the Volant disclosed the fact that the
goes Of that vessel and tho Science were parts Of
the same consignment, and that the 'balos' In
both vessels contained ICON federate uniform WOOL
len cloth" As to his owne the master said: "Oi
the cargo believe the owne British subjects,
residing in Matamoras. kn ow nothing more about
them"
The Government insists tb At there Is no evidence
that the capture occurred in neutral waters, and
that the ownership of the cargo by neutral persons
is not attested by the proofs and papers in the
That the claims filed specially on behalf Of De
Jersey Co., and generally on behalf of the owners
OF the cargo by the master, must be dismissed, as
containing mono Of the essential nverments Of the
test affidavit in prize II this Is not done,
the only proper disposition of the cause will be to
direct further proof to be given by the claimants
the question Of ownership, and as to the general
character Of the transactions The evidence justi.
fes tho declaration that the outward cargo was Of
contraband articles destined for the military use OF
tho Confederate Government, and sent to Mata.
moras for shipment to Texas, and that the captured
cargo Of cotton or portion Of 1t, was shipped In
return for the outward cargo, probably through
Matamoras, but in fact from the enemy country.
The claimants contend that in the absence Of any
enemy interest, showing the neutral ownership il
sufficiently proved, violation attempted viola.
tion Of the blockade is shown. No blockade In fact
existed. Vessels Of all nations were constantly
trading ut the port of Matamoras, with the knowl.
edge Of the Government, and in the presence oi
her cruisers. The proofs show that the trade was
by neutrals with neutrals, and on account Of neu
trails that even If the vessel did lie on the
American side Of the river, that fact no cause
Of capture, In view Of the proofs.
VIM. Marvin for claimants; Mr.. Stanbery and
Mr.. Ashton for United States.
CRIMINAL CoURT-JUDGE FIsHER.-TnE
CASE OF SANDFoRD CoNovER REsUMED.-Joseph
A. Hoare, alias Campbell, recalled: He was ex
hInlnod lRst may, In the pretonce OF tho prisoner
before the Judiciary Committee. Recognized the
paper handed him as the deposition made before
Judge Holt concerning the completely Of JEFF
Davis in the assassination conspiracy. The wit
then read the document referred to purporting
| to have been q statement Of the conversation be-
tween John IL. Surratt, Judah p. Benjamin and
JEFF Davis, relative to the measures to be taken In
| order to accomplish the murder Of Abraham Lin
coin. The report of the examination made before
the Judiciary Committee of the House was then ex
| amined by him and identified q correct state
ment OF his testimony, and offered in evidence.
| Ho testified before the committee that the state
| ment he had made to Judge Holt was false, and
that he had been induced to give such false testi
mony by Conoyer.- He committed the written
statement, prepared by Conoyer, to memory, which
/ took him several days. He saw Conover write the
| statement at the National Hotel. VIM. II. Roberts,
Nathaniel ')scr and the prisoner were present wheu
the paper was written, studied and rehearsed. II
vas prepared about two weeks before he went be
EOre Judge Holt The prisoner and Roberts accom-
| panied him to the Office Of Judge Holt. Remained
in the city several days and then won't to Canada
In search Of u supposed witness who, he told Judge
Holt, knew more about the conspiracy.
The court glsked the witness what he meant BY 2
supposed" Witness and received the reply, "such
n ysilAaas 7 myseIf WaA -