The New York herald., 1878-09-14
THE COURTS.
Fighting Over Recaptured SpoilS Of
the Late War.
CHIEF JUSTICE WAITE'S DECISION.
A LAWYER Turns the Tables Over His
Prosecutors

In the wake OF the pirate ship Alabama has followed
ND 10 the present almost endless line OF lawsuits,
In the most interesting Of which decision was
yesterday rendered by Chief Justice Waite in the Cir
euit Court OF the United States this District Tho
case grow of the destruction OF the ship Sonora
destroyed at sea by Captain Semmes OF the Alabama
on the 29th OF December, 1858, IN tho Straits Of
Maacca After the destruction OF tho vessel claim
was preferred by the owners. John N. Cushing and
others, OF Newouryport Mass, requesting the United
States government to enforce against tho British
government restitution of the vauc Of The destroyed
vessel the ground that tho hitter government had
allowed the Alabama 10 sail from one Of iss ports
under the British flag and manned by British sub
jects The value of the vssscl was fxed ut
$50, ,o0o In June 1865 after the close OF the war,
the steamer Wren was proceeding from Havana TO
England when some OF the upon tho off,
GERS took tho vessel into Key West, there claim
log 1t as q prze, and In one month thereafter
decree OF CONDEMNATION was rendered. The captain,
who had been employed at Havana TO take the Wren
TO Eusands interposed claim Tor John Laird, OF
Liverpool Alter condemnation, Prioleau, one OF the
firm OF Trenholm Il Co, Confederate agents at Liver
pool caused an appeal 10 be taken TO the Supreme
Court of the United States, where the decree OF
demnation and the vessel ordered to be
returned. Thereupon, on the theory that the prop.
srty belonged John Laird who, II was alleged, mad
nlsed out the AabaIns the owners OF the Sonora
tached the proceeds Of the Wren. For convenience
Florida 70 this city, and Foster l. Thompson, VINO
claimed to act as attorneys for Prioleau. having
received tho proceeds OF the Wron,
nishee process served them. II
did appear that the owners oil the Sonora had any
notice OF Priosaus claim for the money until after
the commencement Of tue litigation in New York, and
they contended that OF condemnation OF tho
prize the decision OF The Supreme Court OF
the United States had adJudged The properly to bc
that o Laird, ana that that was conclusive The gnr
nishecs cOncnded that the only question decided by
the prize was prize or no prize. Judge Biatch
ford, after hearing the these issues decided
In favor of tho lIoeants Cushing Co., to the effect
that Laird was owner OF tho Wren. From this ap.
ncnI WA tax keu. j
There was another triai before Judge Johnson occu-
pying a week, and the last trial before him, and he
Also died before rendering dccisiVn Tho third tral
took place before Chief Justice Waite, beng the
first trial before hin IN this circuit, and
having lived render a decision bo did
yesterday, reversing that OF Judge Biatchford
and holding that nothing occurred the
prze decision which prevented Prioieau asserting
ownership of the property, and that II was proven
before him that the steamer Wrcn belonged
ProIeau, and Lard a. the time OF Its sozure.
point raised to the effect OF tho proceedings
before the Alabama Claims Commission, OF which
Chief Justice Waite was a member II being claimed
that the proceedings before that Com mission anu It's
award settled ani discharged the claim as between
Eugiish American subjects This question no
aeId t unnecessary TO decide as he was clearly In
hvor OF the garnshees right 10 hold the property
Me attorneys OF Prioleau. Tho amount involved by
his decision something over $30 o0O On all the
trials the garnishces, Foster thompson, were rep
resentod by Mcssrs Van Sanford aud a. J. Wander
J. Langdon Ward represented Cushing Co. IN .
AIR lar