Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-08-24

Aired z. DsnyUr and ArtLur IT, Bexsom.-Libei i,
peSs0nW8 for seGmens tcGges.-This was N actien
ter and owners Of the ship Henry, which strand
ed At Gibraltar in the month Of last during
, y gale.
The answer Of the respondents alleged that she
was lost by stranding and tempest that she
veyed and regularly condemned to be sold ac-
count of the damages sustained; that the survey
held under the directions Of the American Consul
that place. and that the repairs would have cost five
Thousand dollars and upwards
One Of the witnesses, Captain Field, Of the ship
Leonidas testified that the repairs TO have
would have cost, in Gibraltar, from $1,000 to $500
This witness stated that the vessel worth from
5 to $1,000 before, the accident.
The vessel parted two anchors at Gibraltar by the
gale-was driven ashore upon the beach by force Of
the wind, where she remained and thumped until
after the blow was over and inayy in the course Of
thu next FIVE or six day. she was got OIL and taken
Upon heaving down the vessel, and stripping Of
the copper, the survey srs amongst whom were Ben
jxmin s. Crosby and Francis H. Field, masters of
vesselsfrsm New York, Thomas Smith, ship car
psater, and J. Trembly Of thelRoyal English Navy,
appointed surveyors, reported that the vessel had
lost fifty feet Of false keel; that the remainder was
split from the mizen chains aft few places in the
copper were broken--the seams much opened, and
thseams of the vessel wanted caulkng fore and aft
They recommendation reported that to make her
put in new false keel, bowsp bob stay, windlass,
channels, new hauser, and that the running and
standing rigging, which appeared to be or less
injured, should be repaired
The surveyors reported that the vessel was un.
seaworthy, and she was sold pursuant to thas con-
demnation.
The answer averysd that she was regularly con
demned and sold, and was not sold voluntarily; that
the paid up all their wages to the time
of their discharge in Gibraltar, which was made by
the American Consul
The Captain abandoned the vessel for q total loss
to the underwater. The Insurance Company had
paid the loss and accepted the abandonment.
The vessel was sold at auction, after great
number of bids, fer $50 gross, yielding 1878
nett.
The vessel wasl sold for hulk, and the govern
msnt bought her for areceivng vessel; and she lay
in the stream strppedwhen the witness left Gibral
tar
One of the crew, Lass, shipped in New York in
August last and signed articles at the rate Of wages
Of Sl2 per month, to go voyage from New York up
the Mediterranean, and thence back to NeweYork,
or to South America, as the Captain might direct.
The lbellant Andrews, shipped at Marseilles,
ard signed articles for the remainder of the vcy-
The Libel claimed three months pay for being left
foreign port, contrary to the act OF Congress,
Gibraltar, until the ulibsllants returned 20 the
United States, which was for period Of near three
months.
Il did not appear in the evidence that either of the
ibsllants were citizens of the United States, indeed
Lass was foreigner, and a German by birth. He
sailed from New York, and had declared his inten.
tions since the nsnt of the suit. Andrews
was CITIZEN native born, Of the United States, but
this did not appear in the evidence, except ON his
csoss-examination by the defendants counsel.
One Of the witnesses in the stated, thst 81,
900 would have repaired the vessel after the disaster
at Gibraltar, so that she would have been in good
condition to have returned to the United States
she before she was driven ashore.
The cause came to be tried before the Hon
orable Judge Belts, at the July term Of tha District
Court.
The lbellants on the trial claimed that they were
entitled to recover their wages up to the time they
returned the United States, the ground that the
Captain had rght.to abandon his vessel f. the
derw rters for total loss at Gibraltar without pre-
curing the retu of the ibeants to the Rited States
and cited the act Of Congress 1892, SEQ. 8, which
makes il the dnty fer the master to send back the
to the state where the crew OF tbs vessel en-.
tered sn'board, furnish them with sufficient
means for their return, when ship or vessel belong
ing TO citizens Of the United States shall be ssd in
foreign country. And also cited the laws Of Oleron
which nn say any vessel happen, through mlsor
save much Of the loading they can and IL they
save part thereof, the master shall allow them
competency 40 return home TO their own country"
The counsel for the libelants also cited @. bod
sons Reports 443, the Elizabeth, TO show that the
master, in all when he repair his vessel 10
bound 20 rsiurn the seamen home to the country
where they shipped.
In this he conte led, that master had vio-
lated his contract in turning the ashore at Glib
raltar that the master bound to have either
paired mis- ship, procured another, and gone the
voyage, and cited Term Reports, 81 Ceokivs. len
nings. He denied that the survey Of the vessel at
Gibraltar was conclusive that she should have been
sold, and although IL might have been proper case
for abandonment to the underwriters yet the master
bound to have brought the seamen TO the United
States; that this abandonment could not affect the
who not parties to the policy Of insur-
ancs, and person bat parties and prvies could be
bound thereby.
The Defendants counsel argued that the disaster at
Gibraltar had destroyed the vessel and broken up the
voyage by what is called the cip mSjor, snpe rior
force, the pers Of the sea- that the master &c the
vessel had not made voluntary sale Of the vessel,
and that he lad the right by law to discharge the
men when the vessel had become 50 injured that IL
was proper case for abandonment to the UNDER
writers fer atsal loss and stated that the present
freight earned, could be ed, after
the gale Gibraltar, and ass stated that was
the mother Of wages and argued length that where
there freight earned there could be no wages
due, and cited to this point Abbott shipping and
several ether authorities.
| He alss. contesdcd that the Act Of Congress of
1903 See 81 had repealed the prior statute and that
IN Anne rican vessel should be sold in foreign
oountry, and her company discharged, the master
was boand TO pay three months wages to the consul
4 for every mariner or seaman who was an American
citizen, and designated such the crew list but
10 others; that neither OF the lbellants were
designated As American seamcp on the crew list Of
the vessel the shipping articles and that both Of
them were designated foreigners on the articles
that abandonment Of the vessel TO the underwri-
tiers was not in this case veInafary sale wibis the