Page:United States Reports, Volume 1.djvu/500

 

“ The following is the opinion oƒ Mr. Juʃtice RUSH, delivered in the caʃe oƒ Purveyance, et al. vs. Angus (Ant. 180.) I received it too laƒt ƒor inʃertion in its proper place ; but, I hope, it will be here acceptable to the Public.”

USH, Juʃtice.––As my opinion differs from that of the Court delivered by THE CHIEF JUSTICE, I will give the reafons of my diffent fomewhat at large.

A libel has been filed in the Court of Admiralty for the State of Penʃylvania, on behalf of John Purivance, Joʃeph Dean, and Benjamin Harbeʃon,  againft John Angus, fetting forth and charging, that the faid John Angus  was duly appointed Mafter and Commander of the brig Hibernia, the properly of the Libellants, bound on a voyage from Philadelphia to the port of Ocatavo  in the ifland of Teneriƒƒ; that on his voyage aforefaid, the faid Angus, without any probable cauʃe oƒ  capture,  and with a view to his own private intereft and emolument, did combine with certain, malefactors, and take the brig Betʃey  out of the poffeffion of Silas Talbot, the faid brig being at that time a prize to the faid Talbot, and that Angus know ʃhe was prize to him.  The Libel further charges, that Talbot hath recovered Ł4000 againft the Libellants for the trefpafs and injury aforefaid; and concludes with praying, that, as the Libellants have been compelled to pay that fum of money, through the mifconduct of Angus,  their Captain, they may be enabled to recover from him a full equivalent.

To this libel an anfwer hath been filed on the part of Angus, in which he explicitly denies his taking the Betʃey on the high feas without authority from his owners, and without probable cauʃe.  He alfo utterly denies, that he knew the brig Betʃey had been taken by Talbot,  and that he had any intention to defraud him, or his (Angus's) owners.

A variety of depofitions and exhibits have been produced in the caufe, and the Judge of the Admiralty hath pronounced a decree in favour of Angus, the Refpondent. Rh