US SUPREME COURT DECISIONS

It is the practice of this Court in prize causes to hear the cause; in the first instance upon the evidence transmitted from the circuit court and to decide upon that evidence whether it is proper to allow further proof.

Affidavits to be used as further proof in causes of admiralty and maritime jurisdiction in this Court must be taken by a commission. chanrobles.com-red

Page 15 U. S. 371

In the argument of this cause, Mr. Winder, for the claimant, stated that there was an affidavit annexed to the record which was taken under the order for further proof in the court below, but which, not arriving until after the decree of condemnation was pronounced, was ordered by the circuit court, to be transmitted de bene esse for the consideration of this Court. He further stated that he had additional proofs, taken since that time, to be used in this Court, and he asked whether he should now be permitted to read these proofs in order to show what was the nature of the evidence which existed, to clear away any former doubts in the cause.