Legal Opinion

The Thomas & Henry v. United States

U.S. Circuit Court for the District of Virginia

Decided November 15, 1818PublishedCited by 3 opinions

This cause came up on an appeal from the district court. The schooner Thomas & Henry was libelled in the district court of Norfolk, for acting in violation of the 30th section of the act of congress, passed the 2d of March, 1799, entitled, “An act to regulate the collection of duties on imports and tonnage.” 1 Story.

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This cause came up on an appeal from the district court. The schooner Thomas & Henry was libelled in the district court of Norfolk, for acting in violation of the 30th section of the act of congress, passed the 2d of March, 1799, entitled, “An act to regulate the collection of duties on imports and tonnage.” 1 Story. Laws, c. 128, § 30, 598 [1 Stat. 649, c. 22], The libel charges, 1. That the schooner Thomas & Henry arrived from a foreign port, within the United States, and within the jurisdiction of this court, having on board a cargo consisting, principally, of distilled spirits, and that…

1Opinion of the Court

MARSHALL, Circuit Justice.

Much of the testimony found in the record, has been objected to, and to these objections, the first attention of the court has been directed. The depositions of Lewis Gordon and John York, the persons on whose information the seizure was made, were taken de bene esse, and are offered as evidence. Two objections are made to their being read: 1st. That it does not appear, that they might not have been produced in the district court. 2d. That they are interested, and, therefore, incompetent witnesses.

According to the judicial act,2 a deposition taken de bene esse cannot…

2Cited by3 opinions

  1. Allen v. BluntU.S. Circuit Court for the District of Massachusetts · 1846
  2. Hunter v. International Ry. Imp. Co.U.S. Circuit Court for the District of Southern New York · 1886
  3. Whitford v. Clark CountyU.S. Circuit Court for the District of Eastern Missouri · 1882

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