Hawthorne v. United States — 11 U.S. 107

Majority

p. 107

HAWTHORNE, CLAIMANT OF THE BRIG CLARISSA CLAIBORNE v. THE UNITED STATES.

Present....Ml the Judges. .

Syllabus

This Court take new evi

THIS was an appeal from the sentence of the District. Court, át New Orleans, condemning the Brig Claiborne, for violating a law of the United States.

p. 108

dence to be . used here, m mSty0Jurisdiction,

Hare, Moved for a certiorari upon a suggestion of diminution of the record, in not sending up the tlejlositions of the witnesseses.

What prevents you from producing the witnesses here, or taking their depositions de novo,

Hare, Suggested a doubt, whether cases fot1 violation of the Embargo, are cases of admiralty, or of prize jurisdiction,

However, on a subsequent day he moved •for', and bbtained a commission to take the depositions of witnesses at New Orleans, to be*used on the trial in this Court, at ..the next term.

A like commission was granted in the case of Williams and Jlrmroyd, at this term.