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Parker v. Rule's Lessee U.S. 64 (1815)

handle is hein.slavery/ussccases0012 and id is 1 raw text is: SUPREME COURT U. S. BRio belling ier, is the iiatural consequence et havilig bccn SnORT able to find no circumstances of suspicion which might STAPLE, tempt the captors to proceed against her. It undoubt- ,. edly proves, what the captain of the lno avows, that he U.STATES. acted under a full conviction of being exposed to no risk by the capture, though lie should reap no advan- tage from it. The interest which coastin. vessels had in fictitious or concerted captures, undpubtedly subjects all captures to a rigid scrutiny, and exposes them to much suspi- cion. 'heo case of the Claimant ought to be completely rade out. No exculpatory testimony, the evistence of which ik to be supposed from the nature of the transac- tion, ought to be omitted. The absoince of such testi- mony, if not fully accounted for, would mako an im- prcssion extremely unfavorahl6 to the claim. But where the testimony is full, complete- and concurrent; where every circumstance is explained and accounted for in a reasonable manfier; where the testimony to the i~no- ceuce of the owners and crew of the vessel is positive, proceeding from every perqon who can be supposed to have'any knowledge of the facts, and contradicted by none ; the Court cannot pronounce against it. This would be to allow to suspicious circumstances -a con- troling influence'to which they are not entitled. The sentence of the Circuit Court, condemning the Short Staple, is reversed and annulled, and the cause remanded to that Court with directions to decree, a restoration of the vessel to the Claimants; and to dis- miss the libel. SToRY, J stated tlat lie dissented from the opinion of the Court aid 'adlhered to the opinipn which .he gavo in the Court below, in which he had the concurrence of one his of bretheren. iSis. PARKER . RULE'S LEssF.,, Feb. 11th. -- Jbsent...JomqsoN, .'and TODD, J4 Under the act ERROR. to the Circuit'Court'or the district of of con e e a otss to Jayand collcrt West Tennesseep !A- an aqtion of ejectment,

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