United States v. Schooner Emperor

United States v. Schooner Emperor

Lower Court

  • United States Supreme Court


  • 1839


  • 476


  • 864


And on the next day to wit on the 30[th] day of January 1838 came the parties by their Proctors and the Court having maturely considered the motion of a continuance of this case made by the Appellant on yesterday, doth grant the same- It is therefore ordered that this cause be continued until the next term. And on another day to wit on the 2[nd] day of February 1838 on motion of the District Attorney and by consent of Proctor for claimants, it is ordered that a commission of sale issue to the Marshal of the Middle District of Florida to expose to sale to the highest bidder at public auction for cash after a notice of thirty days the said Schooner Emperor, her tackle, apparel, etc. the proceeds of said sale to be paid into the Registry of this court to abide the decision of said case. And it is further ordered that the parties be allowed to take further proof herein, and that letters [?] issue to Nicholas P. Trist, esqr. American Consul at Havana to take testimony in said case on behalf of either of the parties. Provided that Claimants may take said vessel into their possession on stipulation to be entered into the United States in the penalty of $6000, conditioned to abide by and perform the decree of the court in this behalf within thiry days from the entry of this order and leave is granted to amend the pleadings herein.

And on another day to wit on the 3[rd] day of February 1838 the following agreement was filed in the Clerk's office of said Court of Appeals.

United States vs. Schooner Emperor

It was agreed between us at the time the depositions of Robert A. Mitchell, William W. Kelly, and David Gorham were taken to be read in evidence in the above suit, in the Superior Court at Pensacola, that there should be a waiver of written notice and the filing of Interrogatories in the manner prescribed by law- and that the parties should have verbal notice of the time and place of taking said depositions the notice was given according to the agreements. The said agreement was not reduced to writing at the time from some neglect or inattention. Thomas M. Bount, pro Claimants and George Walker, US Attorney

Tallahassee January 11[th], 1838

And on another day to wit on the 15[th] day of February 1838 the parties by their attorneys filed the following agreement.

Court of Appeals of the Territory of Florida

The United States vs. Schooner Emperor } Libel for Forfeiture

It is agreed by the parties in the said cause by their proctors to dispense with the formality of Interrogations in this case and that the Commissioner (Nicholas P. Trist, esqr. Ap-