Further, the property consigned to Montgomery
Bros., even admitting the Belfast house not to be a partner in the New
York house, is liable to the same objection, as in the case of Craig and
Nicoll; since, although the property is described as belonging to a
party in Sligo, there is no bill of lading among the papers authorizing
that party to demand the possession. The property is not divested,
therefore, _in transitu_.
3rd Phillimore, 599, to the effect, that "further proof" is always
necessary when the master cannot swear to the ownership of the property
(as in this case). And as I cannot send my prizes in for adjudication, I
must of necessity condemn in all cases where "further proof" is
necessary, since the granting of "further proof" proceeds on the
presumption that the neutrality of the cargo is not sufficiently
established; and where the neutrality of the property does not fully
appear from the ship's papers and the master's deposition, I had the
right to act upon the presumption of enemy's property.
By midnight the Lafayette showed only a dim glare on the distant
horizon, but the event formed a topic of discussion for the next two
days, more especially as from the newspapers found on board it was
ascertained that news of the captures on the banks of Newfoundland had
already made its way to the United States, and that the Yankee cruisers
were, therefore, probably by that time in full pursuit.
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