Hawthorne v. United States, 11 U.S. 107 (1812)

U.S. Supreme Court

Hawthorne v. United States, 11 U.S. 7 Cranch 107 107 (1812) Hawthorne v. United States

11 U.S. (7 Cranch) 107

APPEAL FROM THE DISTRICT

COURT AT NEW ORLEANS

Syllabus

This Court will grant a commission to take new evidence to be used here in a case of admiralty jurisdiction.

This was an appeal from the sentence of the District Court at New Orleans condemning the brig Clarissa Claiborne for violating a law of the United States.

Page 11 U. S. 108

Hare moved for a certiorari upon a suggestion of diminution of the record, in not sending up the depositions of the witnesses.

MR. CHIEF JUSTICE MARSHALL.

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

Hare suggested a doubt whether cases for violation of the embargo are cases of admiralty or of prize jurisdiction.

However, on a subsequent day he moved for and obtained 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 Armroyd at this term.