New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-28
An Important Case-DecisiOn in Ohio.

We copy the following report from the
Cincinnati Gazette of SATURDAY.:
The trial of case in the United States
Court. which, from the magnitude of the
interests involved and the interesting char
acter of the questions involved, has at
tracted unusual attention, was concluded
yesterday.
1t was the case OF j. c. McFerran & Son
VS.. w. j. Porter ct al, and was Il suit
brought to recover the value of $50 bales of
cotton, which it was alleged belonged to
plaintiffs. and were unlawfully converted
by the defendants.
Plaintiff claimed that quantity of cotton
was purchased by him i'll and around
Athens, Alabama. in the fall of 1862, while
that place was held by the United States
forces under command of General Buell. !:
that when General Buell. was forced to re-
treat by the movement of General Bragg
their cotton was captured by the cOnfede-
rate army. and turned over to different cot
ton manufacturers in that vicinity by agents
of the confederate government, to be manu-
factured into cotton cloths for the use of the
confederate army, or sold to these parties !:
and that this amount of $50 bales had been
so sold or turned over to the defendant.
Porter. aud his partner, who were then cot
ton manufacturers at Lawrenceburg. Ten
nessee.
The defendant denied, first, that Meier
ran ever acquired any valid title TO the
cotton. because he was not loyal citizen
at that time. and therefore could not ac-
quire title in that way, and because it was
purchased within territory that was either
neutral or within the rebel lines. and pro-
hibited to commerce by the proclamation
of the President and the rules of war.
Defendant claimed, second, that even if
McFerran owned the cotton and has good
title to the same, it was captured by the
confederate army, and, according to the
decisions of the Supreme Court of
the United States and the general laws
of war the title passed by that capture,
and all the cotton which he received from
the confederate agents he acquired good
title to. and could not be held accountable
in this or any other action by McFerran.
Third. defendant denied that any of the
cotton which McFerran owned came to his
defendants mill: or. if it did, it was so
mixed up with the cotton belonging to other
parties at Athens by the agents OF the CON
federate government that there was no way
of distinguishing it or identifying it so as to
enable jury to derermine the fact that he
had received any such cotton. Fourth. de
tendapt claimed that his mill was
impressed by the military authorities
OF the confederate government, this
cotton was brought to him, and
by TIE requirement of these authorities
he was compelled to manufacture the cot
ton that he received from the agents OF the
confederate government into csnaburgs,
and return them certain quantities of osna-
buygs for certain amount of cotton re-
ceived, 2nd that his whole action was invo-
untary, and performed by him while under
duress.
The trial has lasted about three weeks,
and. as we have raid was concluded yes
terday. Mr.. Lincoln closed his argument
yesterday morning, and Judge Swing then
charged the jury.
The inry then retired, and. after remain
ing out three hours, returned a verdict in
favor Of the plaintiff, awarding damages in
the amount Of s2l56.