The British Press; or, Morning Literary Advertiser.
London, England, 1825-11-01 00:00:00

COURT OF COMMON FLEAS, MoNDAy, OCT. 3.

SHIP INSURANCE.
STRONG V. HARVEY.
This was an action on a policy of insurance, effected on the ship
Waterloo, bound from Jamaica to London, and which, in conse-
quence of being nut on the Tortugas shoals, occasioned a consider.
able loss to the plaidtiff.
Mr. Sergeant I'ADDT stated the case to the Jury. The policy
bore date the 15th of February 1022, and was to continue to the
15th of February, 1823. In toe course of the year, the ship, in her
voyage from Jamaica un the passage of the Mexican and Florida
Gun*, was run on the Tortuga. tech, and after being obliged to
dispose of a part of her cargo, she was, by the assistance of an
American privateer schocncr, called the Centella, got off, but in so
damaged a condition that it. was absolutely necessary to have
the assistance of s part of the crew of the schooner to take
her into the port of Savannph for repair. This having been done,
the Vice- Admiralty Court at Savanna') decreed a salvage to the
salvers of 13.000 dollars, to pay which the Captain of the Wa-
terloo was obliged to dispore of his cargo, and which he did at a
lo.s of 8000 dollars. Tile present action was therefore brought
against the deferniant, who, as well as the plaintiff, belonged to the
Pacific hlutual Assurance Association, to recover his viol ortion of
the loss sustained in repairs, salvage, and on.tl sale of the cargo.
The following evidence was ea/led in support of these facts :
Capt. Partridge examined—l was the Captain of the Waterloo,
and took the command at Cork. Plaintiff was the owner ; the bur-
den of the vessel was 110 tons; nine men are sufficient to form the
crew of such a vessel ; plaintiff took out about 400 f. worth of goods
from Cork ; we went Mat to Madeira ; there were goods in freight
on board the vessel ; we took in wine at aladeirn, both on freight
and on the plaintiff's own account. We landed good. and passen-
gers at Jamaica ; we then went to the north part of the island, snd
took in a cargo of rum, sugar, and pimento, for London : we sailed
on the 12th of November; we pursued the track of the gulf-stream;
on the 231 we were on rite 'Tortugas shoals ; it was about two in
the morning, anti very dank ; the wind hail suddenly shifted, and
there was a squid! ; the 'heal was a very dangerous one; we got
the kedge anchor out, but we could not get off, sod we were obliged
to throw some pimento overboard; at day-light we were still
aground, and we saw the Centella, an American privateer, and the
boats, coming out to our assistance. Some of the men had been
hurt, and the vessel was in danger of going to pieces ; one of our
boats was stove while carrying away some of the pimento, and in
wetting out the bower anchor, one of fhe Ceatella's boats was
swamped, on board of which were six men, who were, however, all
saved, and the boat too. The wreckers came to assist us about an
hour after the Centella had arrived ; they had boats, which were
about 30 tons burden ; there were five boats, and three men were in
each ; we continued lightening the vessel till two in the afternoon,
and put the cargo on board the boats belonging to the wreckers; we
put out about 2410 bags of pimento, and about five or six puncheons
of rum; we also put out the bower anchor and the hempen cable,
which required the assistance of twenty men to erten and which
we could nut have done without the help of the Centella ; the rud-
der of the vessel was partially unhung ; when the ship was got off
she was repaired as well as circumstances would allow ; the cargo
was then reshipped, and we sailed for the nearest port in America,
to get further repairs, without which it would have been utterly im-
possible to have returned to EnFland. A man of colour on board
the Centeno dived under the 1i aterloo, and brought up a piece of
her keel. I was °biked to go to the pmt of Savannah, as 1 was
nuder the protection of a Colombian schooner; if that had not been
the case I should have gone to the Havaunah. We gave 0 hag•
of pimento and some sugar to the weepers, and I wrote to Captain
Hopper, of ;ha Centeno, for some additional hands to take me to
America; lie objecr.d to tendering me this insistanee, unless I
abandoned the brig and cargo to his protection ; I slid an, and
ire then seat Me six men aod an officer on board. We went to
Savannah, and when we !tilted there we placed ourselves under the
English Vire-Consul (11r. Walli*), who told us we had better
dispose of the cargo, as no money could be obtained on the ship's
bottorory. The cargo tra* suryceeti, and then sold, after which
the brig was serinefeJ, and het false keel was found to he gone.
her main keel very much injured, the stentspost was started, and
herwu copper was also injured by being rubbed against the rock. It
necessary to take the copper off to tee the damage done to the
ship. Thoth her masts were injured. It was necessary she should
be.repaired before she proceadol on her %some, which was partially
, dour to us to bo able to vroce4l w Ls:Welt' Proceetliugi were

taken in the Vice-Admiralty Court at Saiannah, and the ship
was taken possession of; and 'Lore than tw‘thirds of the cargo
was sold to pay her salvage (being 12.000 dollars). and the repairs.
She was ready to sail again on the 14th or February. and we arrived
iu London on the 20th or March. When she united I should
think further repairs were necessary.
Cross-examined by Mr. Sergeant VAUGHAN—This was my first
voyage on those sera. The men continued sick till we got to
Savannah. We had fine weather till we got th*e, mid she sailed
to the port well, She did not make move Wattr on her voyage than
• sound ship would. The distance to Savannah is between 5 and
000 miles. I should nut like to.have remained near the Tonugas
after the Centeno' went away. The Centeiix left us on our passage
ta Savannah. Two or three days after that we passed a *charmer in
the (lull', bound to Havanna)). We omitted to put on the log
that the Captain of the Centelt, refused us assistance, unless we
abandoned the ship. I was examined as a Illness in the Court of
savannah. We brougl:t home about two-thinls of the cargo to
London.
Re-examined by Mr. CAMPBELL—In going from the Tortugas
to the Savannah our brig made more water than she usually did.
The decree of tie Vice-Admiralty Court was then put in sod
read ; by which 12,000 dollars were awarded to the salvers; 1,200
sowfaamp•hicedh.were decreed to be pai4 to the crew in the boat that was
Win. Newton examined-1 was at Savannah in 11122, in the
house of Mr. Setts, a merchant there, when the vessel arrived in
that port. I saw her after she was hove down, and her bottom
appeared to be in a very shattered state, and by no means capable
of proceeding on her voyage without being repaired. There
are two or three very good English shipwrights at Savannah ; and
the harbour is an excellent one, and good for repairing vessels.
I was present at the male of part of the cargo, which was sold by
suction ; a great number of merchants were present; perhaps
between 150 and 2011. I believe Mr. Strong had some doubloon.,
and offered to sell them.
Mr. Sergeant NV Y LI)E objected to this question, and said if the
plaintiff had any doubloons he ought to have produced them. His
ef/rerilig to sell sonic was no proof that he had any.
'the LORD CHIEF JUST/CF:—II he had any doubloons, why
did he not appropriate them to the ex pen,es of die repairs, and the
payment vf the salvage, instead of selling the cargo ?
. Mr. Sergeant TAWEPY saiddory were not current at that place.
The Witness—Doubloons are saleable at Savannah, but have no
very good circulation there.
Henry Steven Gibbs examined—l am engaged in the West India
trade. and have been several voyages. lam acqu^!ated with the
(lulls of Mexico and Florida. I have cruised MI the port of
Havannah at Cuba. Captain Partridge was in our service pre-
vious to his voyage iu the Waterloo, as chid...mate, and has sailed
for us several times. I recommended him to Messrs. Strong at
Cork, in June 1822, as a vett competent person.
Capt. Graham exquined-1 had the command of a ship in the
1V at India trade for many years, and well know the Gulf of
Mexico and the Gulf of Florida, and also the, shoal of Tortu-
gas. Supposing a ship to get upon it, and afterwards to be
got off, the best port to go to to repair wottid be either Savan-
nah or Charleston.. Ilsvannah is nearer than either, but it is a
very bad port, and very expensive. New Pruvidence would be
u very good port, but it is very difficult to get to it, and is
farther than Savannah. I don't know a better port than Savannah
to which a vessel that is damagud by the Tortugas shoals could
go ta.

Cron-examined—No prudent man would attempt to go to New
Providence with a large ressel.
Captain Davis examined—l am acquainted with the Gulfs of
Mexico and Florida, and kno.v the port of Savannah, width
is a very good one, and would be better than either that of Ha.
vannah or New Providence fora vessel to be taken to, in case of
being run upon the Tortugas shoals.
Captain Maclean had sailed several times through the Gulfs of
Mexico and Florida, and coucidered the port of Savannah the best
to go to. iu case of accident en the Tortugas reefs.
Mr. Whiteley stated, that he effected an insurance for the plain.
tilt' en the NVaterloo out viard.bound cargo, to the amount of MM.
but not oo the homeward-bound.

Mr. Arnold-1 am a ship-broker, and was formerly master of
a vessel, and am acquainted a ith the navigation of the Mexican
and Florida Gulfs. Iftivannah ia,the most expensive port in
that part of the world. The charges there, both for materials
and labour, are extravagantly high, owing to the mortality that
prevails there, and consequent scarcity of hands. In one in-
stance I paid 490/. for the repair of a email vessel, which was
only there 18 days. Mr. Strong applied to me tespecting the
settlement of his claim on the Pacific Assurance Association, and
on his behalf I offered to the consignees to give up the cargo, and
recommended that the question should be referred to arbitration,
but the proposition was not acceded to.
On his cram-examination, he said Ire did not know that that
offer was made, subject to the deduction of the 12,900 dollars de-
creed fur salvage.
In order to save the time of the Court, it was agreed that instead
of entering into a detail of the particular expenses incurred by the
damage done to the ship, the question should be referred, whether
the sum of 3f. 2s. 9d. paid into Court was sufficient to cover his
snare of the particular and general average of the loss, except as to
the 12,000 dollars which had f een decreed by the Court of Sayan-
nah for salvage, and also the 8,9110 dollars, being the loss sustained
on the sale of the cargo ; to neither of which sums the defendant
contended was he liable to contribute. And the question to be
tried by the jury was. whether the wearers were we were eses4iable
to pay these two sums? if so, then the arbitrator was to say what
was the proporti,an which ought to be paid by the defendant.
Mr. Robinson. the Secretary of the Pacific Mutual Assurance
Association, produced a policy, in which the plaintiff assured for
800/. The plaintiff delivered me a statement of his claim for his
loss of repairs, salvage. and on sale , but he declined to submit to
the rules of ete asscciat ion fur the adjustment of this claim, and
also refused to explain by what means lie was enabled to buy in
the cargo onlered to be sold by the Vice Admiralty Court. Ile
hell had conversations with the plaintiff' relative to the sale of the
cargo at the Savannah, and he at one time positively stated, that
the purchases were not made for himself, but on account of an-
other party. He afterwards said he bought them for a gentleman
in lieorgia. The plaintiff was examined before the Committee of
the Association, and various docuineets were furnished by him to
the Committee. I made minutes of his examination.

This was the case for the plaintiff.
Mr. Sergeant VAUGHAN, on behalf of the defendant, said, that
the question was reduced to a single point, and he trusted he should
experience no difficulty to obtain from the Jury a verdict thatahe
justice of the case required. The defendant's liability under this
policy was in proportion to his share of the capital of the Company
or Association to which he belonged, which was after the rate of
COOL in 7(,000/. ; he therefore ceatended, that the 31.33.,911. which
had been paid by the defendant into Court would be leund to be
more than toe defendant was in suietnetis bound to pay ; for as to
the 12,000 dollars salvage which was decreed by the Court of Vice-
Admiralty at Savannah, and the 8,000 dollars said to have been
lost on the sale of the cargo, the deteadant resisted the demand
made on account of either of these sums upon the best poasible
ground, namely, frond. For he 131 r. Sergeant Vaughan) did not
hesitate to say, that the whole of the circumstances were founded
in the grossest fraud on the part of the plaintiff. There was no ne-
cessity for his abandoning the vessel to the American privateer
schoouer, nor, consequently, of Iris goincrinto the American port
of Savannah. But even if there were, what had been the conduct
of the plaintiff subsequently to that event ? Ile had suffered a
libel to be preferred against hint in the Vice-Admiralty Court
there, by Captain Ilopuer, of the schooner, without even defend-
ing it, tor at first it was intended by the plaintiff to have suffered
judgment to go by default, as it were ; but on the remonstrance of
the English Vice-Consul, a proctor was at length employed, yet
with so little effect, that the Court proceeded to decree no less titan
12,000 dollars for salvage to the sic American seamen and the Co
tarn, out of the cargo, which amounted only to 30.000 dollars, fortheir services during a period of no inure than twelve hours. And
when the Vice-Consul advised him to appeal against this
extravagant curt, he declined doing so, under the pretext
that it would he incurring a needltas expense. The cargo
wan then sold to pay this salvage, and he should be Ible
to prove that no less than ore half of the money went into :his very
Mr. Stiong's own pocket. Ile should trace 5400 dollars of the,
money that was paid for the cargo front the hands of Mr. Bethel, I
the auctioneer, to Mr. Morrison, the plaintiff's proctor. who paid
it to a Mr. Bartlett, and wits handed it over to the plaintiff; and
it WAS with this very money that be had subsequently repurchased
thee part of the cargo which he had brought home to England, but
respecting which he had refused to give any satisfactory emplane-
Lion, when called upon to do so by the Committee of the Pacific
Aegoefetion. The Jury would perhaps ask how 5400 dollars could
make the half of 12.000 dollars ? but it should be remembered that
1200 of those dollars were ordered to be paid to the fellows who, by
their own stupidity, had suffered their boat to be swamped, by
which they got a good ducking, nod ought to have had nothing be-
sides. Deducting these 1200 dollars, therefore, there would remain
to be paid to Captain Ever 10,1100, the half of which would be
exactly rAuo dollars, snd which he should. be able stuost satiefac•
torily to prove had been paid into the hands of the plaintiff. After
such facts as these, he would repeat, it was quite impossible to
doubt that the whole was a col:uatvet fraudulent, preconceived, and
preconceived design, and that the taut in the Vice-Admiralty Court
was an amicable thing,l with a eiew, to obtain a large sum to be de-
creed for salvage, so that the plaint:Wand the Captain of the Amt.,
rican schooner might divide the sum between them.
The evidence adduced in support of this statement consisted of
answers to interrogatories which had been taken in pursuance of a.
Conintisrion kilted from the Court of Exchequer.
After some voluminous documents had been read,
Capt. 31`11,ean was called and examined. I commanded his
Majesty's ship of war the Buetard, in 1823 and 1324, in the Sa-
vannah sear., for the protection of commerce and the suppression of
the pirates. lam perfectly acquainted with the Gulfs of Florida
and of Mexico. In the case of this particular vestal I think that
owing to the highness of the water site drew she ought to have
gone to the port of New Protidence to be repaired, which she
might have dorm with a great deal of ease. In my opinion, nam
really Veakitr. It would have been easier for htr to have gone
there than to Savannah. It wag pe:fectly unnecessary fer a vessel
ut 110 tons burden to go nearly to Savannah hi order to take a
circuitous route to arrive at New Providence.._ They might have
obtained a pilot from tine wreckers, who are licensed by the 80.
vernment of New Providence to pilot eltlps hi•diattess. I hale
sailed up and down three Gulfs upwards of a hundred times, anti
have remained near the shoals foe two or three weeks ; and know it
to be quite prsctirnbie to go to Savannah from that place with
inch a vessel as the plaintifre : I have known a ship 6f 390 tolls
to have gone that track.
Mr. Duncan stated that be had been in the merchant PftViCe all
his life. Ile was perfectly well acquainted whit the Tortuga."
Shoals. It he had lees left to his own choice he shrank: certainly
hive gore 'at He-vane:tin provided it Itatf been in the healthy season.