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[Indorsed.] Vol. 19, p. 393.

SOUTHERN DISTRICT OF NEW YORK, UNITED STATES DISTRICT

COURT.

The United States

against

The Steamship Meteor, her engines,

tackle, &c.

Monition returnable February 13, 1866.
D. S. DICKINSON,

United States Attorney.

Filed the thirteenth day of February, 1866.

I hereby depute David Durre and William Jarvis to execute the

within process.

R. MURRAY,

E. 102.

United States Marshal.

In obedience to the within monition, I attached the steamship Meteor, her engines, tackle, &c. therein described, on the twenty-third day of January, and have given due notice to all persons claiming the same, that this Court will, on the thirteenth day of February, 1866, inst. (if that day shall be a day of jurisdiction, if not, on the next day of jurisdiction thereafter), proceed to the trial and condemnation thereof, should no claim be interposed for the same.

R. MURRAY,

United States Marshal. Dated, February 13, 1866.

And afterwards, and on the twenty-fourth day of January, 1866, the Attorney of the United States came and filed his

AMENDED LIBEL

as follows, to wit:

To the Honorable Samuel R. Betts, Judge of the District Court of the

United States of America for the Southern District of New York.

The libel of information of Daniel S. Dickinson, Attorney of the United States, for the Southern District of New York, who prosecutes for the said United States in this behalf, and being present here in Court in his own proper person in the name and on behalf of the said United States, against the steamship Meteor, her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores which may have been procured for the building and equipment thereof, in a cause of seizure and forfeiture, alleges as follows:

First. That the said steamship or vessel Meteor is now lying in the port of New York, on waters navigable from the sea by vessels of the burthen of ten tons and upwards, within the Southern District of New York, and within the jurisdiction of this Court, and is ready to sail for certain places to the Attorney of the United States unknown, with intent to cruise, and commit hostilities in the service of the Government of Chile against the subjects, citizens, and property of the Government of her Majesty, the Queen of Spain, with whom the United States are at peace.

Second. That the said steamship or vessel Meteor has, on the twentythird day of January, 1866, within the limits of the United States, to wit, at the Southern District of New York aforesaid, been fitted out and armed by certain persons to the said Attorney unknown, with intent that such steamship or vessel should be employed in the service of the agents of the Government of Chile, to commit hostilities against the subjects, citizens, and property of the aforesaid Government of Spain, with which the United States then were and now are at peace as aforesaid.

Third. That the said steamship or vessel Meteor has, on the twentythird day of January, 1866, within the limits of the United States, to wit, at the Southern District of New York aforesaid, been fitted out by certain persons to the said Attorney unknown, with intent that such steamship or ressel should be employed in the service of some persons to the said Attorney unknown, to commit hostilities against the subjects, citizens, and property of the said Government of Spain, with which the United States then were and now are at peace as aforesaid.

Fourth. That the said steamship or vessel Meteor has, on the day and year aforesaid, and place aforesaid, and within the limits of the United States as aforesaid, been attempted to be fitted out by certain persons to the said Attorney unknown, with intent that such steamship or vessel should be employed in the service of some persons to the said Attorney unknown, to commit hostilities against the subjects, citizens, and property of said Government of Spain, with which the said United States are at peace.

Fifth. That certain persons, whose names are to the said Attorney unknown, did, on the day and year aforesaid, and at the place aforesaid, and within the limits of the United States, were knowingly concerned in the furnishing and fitting out of the said steamship or vessel, with knowledge and intent that such steamship or vessel should be employed in the service of some persons to the said Attorney unknown, to commit hostilities against the subjects, citizens, and property of the said Government of Spain, with which the United States were and now are at peace. ·

Sixth. That all and singular the matters hereinbefore secondly, thirdly, fourthly, and fifthly articulated are all and each of them contrary to the 30th section of the Act of Congress, approved April 20, 1818, entitled : “ An Act for the punishment of certain crimes against the United States, and to repeal the acts therein mentioned."

That by reason of the premises, and by virtue of the said act, the said steamship, her tackle, &c. and arms, &c. became forfeited.

That all and singular the premises aforesaid are and were true, and within the admiralty and maritime jurisdiction of the United States, and of this Honorable Court.

Wherefore the said Attorney of the United States, on behalf of the said United States, prays the usual process and monition of this Honorable Court against the said steamship, now under seizure by the Marshal of this District aforesaid, and her tackle, apparel, furniture, arms, and ammunition in this behalf to be made, and that all persons interested in the said steamship, and her tackle, apparel, furniture, arms, and ammunition aforesaid, may be cited to answer the premises; and that all due proceedings being had thereon, this Honorable Court may be pleased to decree for the forfeiture aforesaid, and that the said steamship Meteor, and her tackle, &c. and arms and stores aforesaid, may be condemned for the use of the United States according to the said acts of Congress, &c.

D. S. DICKINSON,

United States District Attorney. [Indorsed.] U.S. District Court.

19-393. The United States v. The Steamship Meteor, her tackle, &c.

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To DANIEL S. DICKINSON,

United States District Attorney: You will please take notice that we have been retained by and appear for the claimant in this action.

Yours, &c.,
EVARTS, SOUTHMAYD, & CHOATE,

Proctors for Claimants. New YORK, February 13, 1866.

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At a stated term of the District Court of the United States of America, for the Southern District of New York, held at the United States Court Rooms, in the city of New York, on Tuesday, the thirteenth day of February, in the year of Lord one thousand ight hundred and sixtysix.

'Present:

The Honorable Samuel R. Betts, District Judge.

The Steamship Meteor, her tackle,

&c.

asm.

The United States.

And now, William F. Cary, of the city of New York, merchant, intervening as agent for the interest of Robert B. Forbes and John M. Forbes, of Boston, in the State of Massachusetts, in the said steamship, her tackle, &c., appears before the Honorable Court, and makes claim to the said steamship, &c., &c., as the same are attached by the Marshal under process of this Court, at the instance of the United States, and the said William F. Cary doth aver that he was in possession of the said steamship, &c. at the time of the attachment thereof, and that the persons above named are the true and bonâ fide sole owners of the said steamship, &c. and that no other person is the owner thereof; and the said Cary was the true and lawful bailee thereof as Agent and Consignee, wherefore he prays to defend accordingly.

WILLIAM F. CARY. EVARTS, SOUTHMAYD, & CHOATE,

Proctors for Claimants. Southern District of New York, ss. :

William F. Cary, being duly sworn, deposes and says, that he resides at 267 Fifth Avenue, in the city of New York, that he is the Agent and Consignee of the steamship Meteor above named, and her owners; that the owners of said steamship, Robert B. Forbes and John M. Forbes, reside at Milton, in the State of Massachusetts, having their place of business in Boston, in said State; and that this deponent is duly authorized to put in this claim in behalf of the owners of the said steamship, and that the said claim is true of the knowledge of this deponent, except as to the matters therein stated on information and belief, and as to such matters he believes it to be true. Sworn to and subscribed this thirteenth

WILLIAM F. Cary. day of February, A. D. 1866, before me. JOHN A. OSBORN,

United States Commissioner.

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