THE EMULOUB. 43
the troops, so far as possible, and in returning at once to Savanilla.
No blame was attached to him by the prisoners. But even had he
entered knowingly upon the Rio Hacha expedition as a hostile one,
inasmuch as that expedition was clearly no part of the original in-
' tent of the voyage, it would not furnish any foundation for a forfeit-
ure under our statute. The various other incidents of concealment
and precaution to which I have referred, though wholly unnecessary
in order to avoid arrest for any offense under our statute, were plainly
prudent enough in relation to the danger that might be apprehended
from the Colombian government; because that government, in ease
it should learn the fact of this shipment of arms, might endeavor
to intercept them before arrival at Savanilla as contraband of war.
This furnishes all needed explanation of the circumstances that I
have referred to, and is in entire keeping with the purely commercial
character of the voyage.
I find nothing, therefore, in the case authorizing any inferences to
. be drawn adverse to the entirely peaceable and commercial character
of the adventure, as it was designed and planned when the vessel
sailed from this port. The Rio Hacha excursion was an independ·
ent incident, during which Capt. O’Brien found himself surprised by
the violent and treacherous acts of the troops, which he could not
have anticipated, and which he did everything in his power to repair.
The libel should therefore be dismissed, and the vessel discharged
from custody.
Tun Eiuu1.ous.’
(District Uourt, E. D. New Y eric. December 1, 1884.)
Omncrrou ro Dmrosrrron-Lsonns.
A cause being called for trial, the libelant offered in evidence a deposition,
which was objected to. The libelant submitted to the objection on being al-
lowed a continuance of the cause and leave to examine the witness anew.
Three years after, the cause being again called, the libelant appeared by an-
other proctor, and odered the same deposition. Lleld, that the libelant could
not be allowed to question the validity of the objection; and, as no other evi~
dence was offered, the libel must be dismissed.
In Admiralty.
A. B. Stewart, for libelant.
Wheeler ct Souther, for claimant.
Baunnror, J. This cause was called for hearing some three years
ago, when the libelant offered in evidence a deposition taken de bene
esse. The deposition was objected to, and the libelant submitted to
the objection on being allowed a continuance and permission to ex-
amine the witness anew} The witness not having been re-examined,
*Reported by R. D. & Wyllys Benedict, Esqs., of the New York bar.