
    Pruden et al. v. Northrup.
    A new trial granted to tlie prosecutor, where the acquittal was procured l)y imposition and fraud.
    Wkit op ERROR is brought to reverse a judgment of the Maritime Court in granting a new trial upon tlie petition of Northrup v. Pruden, etc. alleging that be seized and libeled a certain vessel and cargo, belonging to them, for contravening the Embargo Laws; and that upon trial the vessel and cargo was acquitted: That be has since discovered that one Helms, who was the principal witness for the claimants, and by whoso testimony the vessel, etc. was cleared, was interested in the vessel and cargo, and really swore for himself; to which petition a plea in abatement was given, that this is a prosecution of a criminal nature, and no new tidal ought to be granted in favor of the libellant; that the plea was judged insufficient; and on a bearing upon the merits, a new trial was granted, and tlie vessel, etc. finally condemned. Error assigned is, that said plea in abatement ought to have been judged sufficient.
   By the Superior Court.

There is nothing erroneous in the judgment complained of; the concealment of Helms’ interest, and producing him as a witness, whereby the acquittal was procured, was a fraud and imposition, not only upon the libellant, but upon the law and upon the court, for which cause a new trial ought to be granted.  