[The  foUowiQg  libel  and. answer  axe  founded  upon  the  pleadings,  a  tcfpy
qS  which  the  Editor  has  before  him,  in  the  case  of  The  Lowther  CasiU^  (1
Hagg.  Rep.  384,)  wherein  Lord  Stowell  gave  judgment  for  the  Respondent,
which  was  subsequently  affirmed  on  appeal  before  the  High  Court  of  Dele-
gates. (2  Hagg.  Rep.  xi.)  The  Editor  has  endeavoored  to  presennp  th«
facts  of  that  case  and  the  mode  in  which  they  were  presented  on  each  side,
making  such  alterations  only  as  were  necessary  to  give  the  precedent  an
American  character.]

United  States  of  America,  District  of  Massaghusetts,  ss.
Term^ia—.
To  the  Hon,  John  Davis,  Judge  of  the  Distrid  Court  of  the
United  State9  within  and  for  the  District  of  Massachusetts.
The  Libel  and  Complaint  of  Michael  Oomerford,  of  Boston,
in  the  District  aforesaid,  late  a  mariner  on  board  the  ship
Pocahontas,  whereof  Thomas  Baker,  of  the  said  Boston,
BOW  is-or  late  was  Master,  agaihst  the  said  Thomas  Ba-
ker, in  a  cause  of  damage,  civil  and  maritime.  And  there^
upon  the  said  Michael  Oomerford  alleges  and  articulately
propounds  as  follows :
First,  That  in  April,  1823,  the  ship  Pocahontas,  whereof

the  said  Thomas  Baker  was  then  Master,  being  in  the  port

ment^  then  the  answer  thereto,  showing  the  same  to  be  false,  d:ic.,  ststbigthe
owner's  case  at  length.]  -

'mrd.  That  aU  and  singular  the  premises  dire  true,  d&c.
