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And now, to wit the 6th day of November, 1868, it is agreed by and between the respective attorneys in the above case that the same be dismissed, and the Clerk of the Supreme Court is hereby directed to enter the same as dismissed, conformably to this agreement. It is further agreed that the cost of the said appeal shall be paid by the respective parties. (Signed)

C. Cushing,

Special Counsel of U.S. (Signed)

Jos. H. CHOATE,

Counsel for Appellee.

1868, November 6th. The preceding stipulation to dismiss this case having been this day filed and the fees due the clerk by the parties in this case having been paid, this case is thereupon now here dismissed, pursuant to the 29th Rule of this Court. Test:

D. W. MIDDLETON,

Clerk Sup. Court U. S.

I, D. W. Middleton, Clerk of the Supreme Court of the United States, do hereby certify that the preceding is a true copy of the stipulation filed in the above entitled cause, and of the entry endorsed by me thereon dismissing the said cause pursuant to the 29th Rule of this Court.

In testimony whereof, I hereunto subscribe my name and [L. s.] affix the seal of the said Supreme Court of the United States,

at the City of Washington this seventh day of November, in the year of our Lord eighteen hundred and sixty-eight.

D. W. MIDDLETON,

Clerk Sup. Court U. S. A Copy :

KENNETH G. WHITE,

Clerk.

U, S. Int. Rev. Stamp, 8 cts.

IN THE UNITED STATES CircuIT COURT FOR THE SOUTHERN

DISTRICT OF New YORK.

Monday, November 9th, 1868.

Present, Hon. Judge Blatchford.

The United States

VS.

The Steamship Meteor, &c.

Upon reading and filing the Mandate of the Supreme Court of the United States in the above entitled action, whereby it appears that the appeal from the final decree of this court herein has been dismissed in the Supreme Court, pursuant to the 29th Rule of that court, and on motion of Joseph H. Choate of counsel for the claimants, and Samuel G. Courtney, Attorney for the United States appearing and not opposing, it is ordered and decreed by this court that the bonds of the claimants and their sureties filed in this action on the appeal to the court from the final decree of the District Court of the United States therein, and also all the stipulations for costs and value filed by the claimants in the said District Court in this action, be and the same are hereby cancelled, and the clerk is directed to cancel the same upon the face thereof. A Copy :

KENNETH G. WHITE,

Clerk.

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INDEX.

VOLUME I.

Page

Editor's Preface
Summary of Evidence
Preface

vii
xi

1
2
5
6
8
17
22
24
28

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.

34

49

50
52
53

.

Motion to Bond
Argument of Mr. Courtney thereon .
Letter of Spanish Minister .
Letter of Secretary of State
Argument of Mr. Evarts on Same Subject
Reply of Mr. Courtney
Rejoinder of Mr. Evarts
Decision of the Court, refusing Motion
Trial upon the Issue of Ownership
Testimony of John M. Forbes.

Direct.
Cross
Re-direct
Re-cross

Re-direct
Testimony of Robert B. Forbes.

Direct
Cross

Re-direct.
Testimony of A. A. Low.

Direct.
Cross

Re-direct
Testimony of William H. Aspinwall.

Direct

Cross
Testimony of L. W. Jerome.

Direct
Motion to strike out Claim
Trial upon the Merits
Opening Statement of Mr. Webster :
VOL. II.

18

55
58
59

63

66
66

67
68

69

.

71
77
78

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.

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120
121
121
121
122
122

.

.

.

124

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Testimony of William Jarvis.

Direct
Cross

Re-direct.
Testimony of Thomas H. Sease.

Direct.
Cross
Re-direct

Re-cross
Certificate of Secretary of State as to Existence of War
Testimony of Benjamin Vicuna Mackenna.

Direct
Testimony of Louis J. Kirk.

Direct.
Cross
Re-direct
Re-cross
Re-direct

Re-cross
Testimony of Charles L. Wright.

Direct.
Testimony of James K. Ford.

Direct

Cross
Testimony of C. L. Wright resumed.

Cross

Re-direct.
Testimony of Benjamin Vicuna Mackenna resumed.

Direct.
Testimony of Daniel J. Hunter.

Direct
Cross

Re-direct.
Testimony of Ronald McNichols.

Direct.
Cross
Re-direct
Re-cross
Re-direct

Re-cross
Testimony of Julius Conkling.

Direct.

129
129

.

137
144

145

148
155
155

155
164
176
178
180
180

.

180

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Exhibit A. Letter of R. B. Forbes

287
Exhibit B. Register

289
Exhibit C. Enrolment

290
Exhibit D. Certificate of Secretary of State covering Promulgation
of Declaration of War

291
Exhibit E. Promulgation of Declaration of War

292
Exhibit F. Manifest

294
Exhibit G. Letter of Wright & Co. to R. B. Forbes.

296
Exhibit H. Telegram of J. M. Forbes & Co. .

296
Exhibit J. Reply of Wright & Co. •

297
Exhibit K. Letter of Wright & Co. to Cary & Co.

297
Exhibit L. Contract of Ramsay for Torpedo Boats

298
Exhibit M. Notice to produce Books

301
Exhibit 1. Memorandum of Thomas H. Sease

302

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