The "Juniata"

The “Juniata.” Depositions taken under a commission from a circuit court in an admiralty case, after an appeal to this court, will not be made a part of the record, unless a sufficient excuse be shown for not taking the evidence in the usual way before the courts below. Appeal from the Circuit Court of the United States for the District of Louisiana. The decree of the Circuit Court in this case was signed Feb. 13, 1874. An appeal was taken therefrom, and the record filed here on the thirteenth day of the following October. Mr. Thomas J. Durant filed á certified copy of tbe order of tbe said Circuit Court, bearing date June 1, 1875, for a commission to take tbe deposition of certain witnesses to be used bere, and moved tbat tbe depositions taken thereunder be made a part of tbe record. [MAJORITY — Me. Chief Justice Waite] Me. Chief Justice Waite delivered tbe opinion of tbe court. Tbe depositions in question were taken since tbe appeal, under a commission issued from tbe Circuit Court. Further proof in tbe case has not been ordered by this court. No such order would have been granted if application therefor bad been made, unless a sufficient excuse was shown for not taking tbe evidence in tbe usual way before tbe courts below. This was the rule established in tbe case of The Mabey, 10 Wall. 419. We cannot admit depositions taken under - a commission from tbe Circuit Court, except upon a similar showing.. That' has not been made. Leave is granted to renew tbe motion if this defect can be supplied. Motion denied,'