Page:United States Reports, Volume 2.djvu/167

 Svrasun Coturr or Pnzayyiwnis. :6: crew, alhurth part, allowing afourth for the four perfons be· typ:. fore nailed. All tb: clqinuwtr were citizen: gf the Unite.} Slate:. VV`!} The libels were tried by a ]ury, on the r gth of Ahvmrber, _ t 748, and a general qerdiét given, in the proportions above men. tioued, which was con§rmed by the feuteuce of the Court. Gideon, Khvylrad ` and the other three perfons, were Amrimn marinus on board dw 46iw; they had rifen upon the mailer, and confined him and the other mariners in the cabin, where a conlef! WM l5¤Dt up for the command of the vell'el. The Con- vention md GEN! CNM up with her, and the quellion was, Whethlt the {QB? ¢!l¢t‘¤?¢n mariners had fuhdued the reltof the crew before rhofe v¤B`tJ¤ Game in light ; that is, whether hoitilig ties had then oeafedi '1`hejur were of opinion,  had not, and gave the verdict accordgnglh. _ Gkiran Ibryfeud and the three other mariners appealed from the l`¢¤%G¤&¢, to the Court of Appeals of the Unk:} Slater, which, on the rgth of D¢`¢¤»l¢t’ following, rewerfed the fen- tcnoc of thojudge of tlaAdmiralty, and decreed the wholeto the appellants, The Judge refufed obedience to the decree of teverlil,  paid a moiety of the net proceeds of the prize in- to the t!Q[in=y.of the State, taking a*bond of indemnity from tl: defendant in    as trcahtrcr of the State, upon hood this aftion ishrought. The Eaecutorsof judge 1%%, the ohligee, having been previoully fued in the Court of Conlwn  forthe county of LaucgQ¢·r, inithis State, for tht Itomy To paid, and j___ being obtained againlla them by gwk, without any  the defendant. t¤¢¤P¤n feveral qqeiliona have been made, which may be Rated as follows :. srl}. Had the Court of Appeals jurifdiélion to inveltigato f¤&8,¤&¤t‘ a trial and  Verdi:} by a jury, and to give ·a oonrraryldcciiion, without the intervention of another Jury 2 _ ad- ad the Court of Common Pleas of Laacgler county jurnfdiélion in the aétion by Unylrqd and others, again!} th; Executora of the Judge; or (hopld not the decree of the Court of Appeals have been  imo execution by that Court, or _ tlw Cmnt of Admiralty, ruithout the aldnr interference of any common law court.? ` - ` 3d- Cm an a£li0n hernaintaiued on thisfbonel, the ‘conditi·»· 9¤Wh¤t¤¤f is virtuallytodifobey the Court of App¤l8» @14 the lim of the land, if that Court hadof right a power todos- °“l° °9¤*}`0¤Y to the general verditl of a jury? And, cat;, $h°‘Pl¤*¤¤3$¤» Without having defended, or given notice to th; PR ent defendant of the fuit in the Court of Commotl Heal, l`¤|;F¤f¥ Nt aétion on this bond P _ eotgcewc at proper to premitb, that I took notice atthe time this aéhon was lull brought to Emi in this Court, •¢ that wig:

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