Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-11-09


tr,ct of Irrnia continued BY adjournment and held al
lie Court House 10 the Borough of Norfolk, The tenth
day Of Nav m the year Of our Lord thousand eight
hundred and fnr,y.one, and Of the Independence Of
America, the sixty ii ,h-Jndge John l. Mason dfli,
yered the following Opinion in the Of Bean and
others r.. Ship Grace Brown, oil Baltimore:
BTiS u OTHERS,
THE GRACE BRowS.S
/ TINS IS Libel for Salvage.
i The hhelIans Pilots, from Baltimore, duly au-
horzed to act as such, and claim salvage, for them
selves and their respective crews
They propound that while crulzng of the Capes Of
Virginia the look for vessels requiring their ser
vices Captain Bean the 9Th Jan, lS1l sped ship
on SHIRE on Smiths Island Flats, which proved 10 be
the Grace Brown, Of Baltimore. That finding HIM
self unable 10 relieve her, he procured the assistance
az The other hhilans, aud again boarded the ship al one
o clock on The morning Of Saturday the nth OF JAM
that there was no human being board, and that the
ship was abandoned aud derelict that she was IN nml.
neni peril frequently striking the hotum with heavy
sea surginy her, with eight or nine feet oil water
in her held, and in danger ot going 10 peicrs That
by incessant labor and The peril Of their lives, and
their three pilot boats, they succeeded in rescnng her
from her perous situation, and brought her and her
cargo in safety The port Of Norfolk, where they Sc.
cured her al The wharf at o'clock l. NJ OF The sanlt
day.
A claim is n,erposed BY Henry Duff, master and
part owner Of The Grace Brown in behalf OF himself
and the other owners Of the ship He alleges, that his
ship saisd from Liverpool on The 18th OF November,
lSiD bound Baltimore, with an assorted cargo, and
had uninterrupted voyage until the 9Th January, when
the ship struck, as he supposed, on the middle ground
nr Cape Henry, and sprunga ieaR that he dspay ed
the ua signal for pilot without obtaining "nr mat
alter rndrayurng cxricair her from The difficulties
Of her situation a, half past 10 ocock, A. NJ on the
January he hove his anchor, by which she rode
securely while he remained on board; That about past
o'cnck r. ~, he left the ship with his officers and
crew. IN The long ba 60 ashore for assistance, with
The Of immediate return TO The ship with AID
that her danger from his ignorance OF the "cal-
lies, and manly fran the winds bowng strong gae
from the S. T. or shore. Tint the ship was not de-
rclct and hen the services Of the brans were rem
dered her situation vas not nminenily dangerous
That after using every effort, and all the despatch
which lie could cuntru he returned on The morning OF
Saturday the h, Ia the spot where he had lett his ship
at anchor, and found that she was not there lie be-
came satisfied that he had her, on his way out, I'M
der sal for Narink pursued and at II O'clock, I. NJ ,
fund her al the wharf in possession OF The beants,
ho refused To deliver her up. That the l'beants are
pilots the ship at The time of The salvage service,
was within their p'lotoge ground.
The lbellans claim the highest rate oil salvage, on
the ground stated, and the owners, admitting that al
though pilots the lbeanis are entitled 10 compensa-
ton, contend, that small were their risk aud ser
vice. that the lowest rate OF remuneration should DC
adopted. -
The ship and cargo are appraised at S35,925. The
material facts in dispute between The parties are:
|. Whether the ship abandoned BY The officers
and crew, and a slate Of dercci, when she was
taken possrss:nn OF by the li5elIans or mol:
. Whether Inc situation OF The ship and cargo was
imn;ncnty prruus al The time Of The salvage, and IN
r hat degree.
The dispositions Of some Of the libellants are taken
and read evidence in the cause This Is legal esi-
dence--t forms exception from The necessity n the
case the general rule, that person interested IN the
result of cause, is incompetent 10 test'y-e tesii-
mony of sayors is admissible shut only admissible as
facts occurring at the time of the salvage service,
and in weighing that with the other evidence, its force
will be greatly abated by opposing testimony from per-
hlnngng 10 the Of the saved ship, and por.
Inn from other disnicrested witnesses The schooner
Boston, sam, Rep. 3l5.
Sensible Of the embarrassment aud difficulty OF de-
Gliding conflicting evidence, and controvertcd acts,
without the aid III jury, have alienvely considered
the able and elaborate arguments of the counsel, ana
have carefully examined and weighed the testimony III
the cause.
BY the owners, it is proved, that the ship securely
rode BY three anchors, IN four athnms water IRON ~
Il clock A NJ, to half past o'clock p NJ, when The
master and left her tho h-that during That
time the wind blowing gale shore, and the sea
running high, but had not moved her fran her moor.
ngs-hat the ships draft was less than IL feet, ana
consider that the weight Of evidence leaves no Doubt
that, although leaking, The *a;ei in her hold vas never
more than IL feet ai, and 81 forward-that the Captain
and ashore for assistance, leaving the ship
under strong apprhcnsons for her safety, he declared
aud evnccd his purpose 10 br immediate return 10
herihat he used every effort 10 procure aid, and on
Saturday morning, with what he deemed the necessary
aid and oil that he could command, he d,d return L"
the place where he had left her anchnred-w,thout any
know ledge that the lbcllans possession OF her
that the Captain was part owner, an experienced
master, and respectable man.
| The llbeliants rely on the condition in which the
ship was found the delay of the captain in his return,
supposed want Of pr"mptnpss in procuring the neces'
sary aid The fact that lett on board, on
the articles taken in the boat, and other circumstances
as showing that no intention 10 return existed nj Inc
time Of leaving the ship, and no hope OF recovering hef
or her cargo.
Without entering into an argument, which has oeeh
conducted with great ingenuity both sides, am sa'
isfed by the proufs that however imminent Captain
Duff may have regarded the danger nf his ship, at the
tine of lcavng her, lie had then fixed intention 10
return 10 her. whatever might he her fate In the case
of Clarke Brig Dodge X ilealv, Cir. c. Rep Och
Justice Washington held that in judging of the mas
tcrs intention al the time Of leaving his ship, great
weight to be given to his subsequent acts "i, says
he he intention were to leave her to her fate, and TO
further exertons to save the master could have
motive for remaining shore for the purpose Of
watching her motions and Of discovering her situation
The morning In that case, the master and crew
had actually left his vessel under most imminent peril,
and declared that he had abandoned her Yet thr
learned Judge held that his cnndnct showed that such
not his purpose, and dismissed the Incl. In thus
case, the captain left his ship, reaching the shore
declared his purpose 10 be an immediate return applied
for, and he could procured aid, and cid re-
turn TO where he !en aud where he expected TO ind