New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-01-17

L zTIc
ss be egntendAd that the would only BE- entitled
70 fnaA gratuity for carTyingit on shore To upbold
part of cargo before another shall therssra .dhr
u The usual rule and decree compensation OUT "a tha
~hais pfoe,eeas q boat and cargo and 'a do with
tr sti.faeton becsnse u appear from the testimony
4 Catan Ieatbers that there existed the stronusst ~
prentnsons that the deck Of the burning boat would fs
h and the cargo on the deck could only be saved by
Tectng constant stream of water into the hold hy the ou
naiitns 81 the zine and hose Of the Robb now
cpn.d-T the claim Of the e Charles TO be considered
savor and shall proceed to briefly AZ pos
bs the reasons vi in my judgment the claim not
De admitted A salvage compensation can be awarded
ony 70 erons by whose agency and assistance the vessel
or cargo mHy b. saved from aiding pert recovered
after actual loss a. in cases Of shpwreck derect recap
t It j. well settled that un- the property be saved
w. JF ~ tloe who claim a. sa!y0rs salvage will not be
allowed D. their Intentions howeYer good snd their exer
1ni however heroic and perious. "a Wash ejl) The
'1encf A~Ws tEat arge portion Of the cargo on deck
ken board Of the Sc Charles But BY an agree
men' oet~esn Captain Leathers and Captain Appegate
tnlLs he st ChaIes that portion Of the cargo
iansrolti BY her to it, place Of destination and her
pts'o at wDers were to be compensated by receiving
he i-eiz, which chargeabIe thereon This freight
vaf u5ess received Whether it has or not it il
certain that claim foE salvage now
rted against that portion u the cargo 1t can hardly
e corteHdsd that the Leather and the balance of the
saved whsn the st Charles left her The es-
n ny Il Captain leather this point explicit to
daFiug the Leahsrs of the saudbar bot are told by
~ pot Of The LeAthers that the poser Of the Robb
5'ici.nt without h-r. Besdrs the drawing a boat Of
hen aground Is common act Of courtesy aInoug steam
b. at for which claim TOR salvage ever asserted II
tsrFlces pf the kobb hsd extended farther
M nfs and usualact Of eortesy IT is hardly probable
aat he would have asserted any claim for savagr eorpe
alton But she persveTed unto heend She only
drre the services alluded by the but by
those services that the property against which she
tied her libel actually s1r,d from impending peril
q opinion that the st Charles has already been
amply by the Of freight ahe has re-
ceiFei upon that portion Of the cargo which by agree
ment with Captain Lesthers-an agreement which
s' the time TO have been perfectly satisfactory both
artio-ehe was to TO its point of destination.
The Proctors for the claimants Of portion of the
60 have urged upon The Court the propriey deereeny
alysge to the Of the Robb cannot perceive upon
lst ground their clients interested securing IN
N"arr except upon the supposton that As that pro-
portion hs been claimed II will enure TO the benpA
OF the clanants But by the evidence the crew were
pace before the Court as sdroT should feel it my duty
10 haze their proportion in the registry subject
to their orders and in no event would fee myself
auth zed to order it into the hands Of the claimants
The evidence however does justify the Court in this
instance in considering the salyorz They have
asserted no claim as such and the fair presunrtion Ia
that not having performed any service beyond the
nary line Of their duty. they have demand make
beyond their ordinary wages II indeed the Court conld
feel !tssf called upon award them compensation
the mount would necessarily te about the proportion Of
Stipulated which for about thirteen hours would
he top nsiguhcant TO be taken into in case
Ike this have felt 1t to be sacred duty to guard the
rights If the crew in all eases in which they could all
tr regarded as savors And in the to which the
proctor mas referred refused to award to the owners OF
the uWtoat the amount Of salvage compensation which
vns Justly demanded BY the crew. under the belief that
they would eventually claim salvors and because
convinced their claims had been properly pre-
uti by those whose duty it TO protect their rights
The only persons who now appear before the Court
saivors are Capt. Montgomery. the men whose names
have already been mentioned and Hamilton Smith and
Isaac DafrimOre. the mate and carpenter. These
last did not dcend utO the hold Of the Leathers but
rend red prompt and efficient assistance in executing
orders above and-peciay in cutting hole in the deck
They incurred real danger. but were active and
u efu in their appropriate sphere Charles Pierce al
though pil0t on the burning boat. is clearly
st & e Og ,b ghpatd Sao m as b.s s'r Or His original con-
virtualy dissolved by the surrender Of the boat
beat into the possession Of Capt Montgomery and there
ees beyond the line Of his ordinary duty shall there
fore, place him upon equality with james Smith.
Marshall johnson and james X Moody. After Captain
Montgomery the real dItacithe strong prevailing mind
that led throughout the euterprseI consider the pilot
Of the Rob6 james Dean first entitled the favorable
consideration Of the court lie the first to respond
TO The call Of Capt Montgomery for volunteers and to
follow him into the hold He also had charge of hose
and amid the intense heat and sufocatng smoke.
tnud with great foritude and energy discharge hi:
| duty until the flames were finally extinguished
Since the decision of Lord Stowe in the of the
Rakes 1t has become customary with Courts Of Admir-
atty award a liberal CONDENSATION to the owners ID
steam vessels 70 induce them 10 embark in salvage
t'e and thus enlist their powerful and efficient aid in
rescuing life and property from impending peril The
case now under consideration in which a higher
proportion than oed should be awarded to the owners
Of the avng boat The superior engine of the Robb and
her other excellent and extensive equipments, all
raby adapted to the service in which she employed
Will thlpk justify me in deviatng from the ordinary
rule OF ont-thTd and giving to her 0ueba of tn,
a!vage compensation awarded IL should also be remem
bored IN further Justification Of this rule that her
tons TO save the property in this instance worked for
ieiture of her Insurance As already intimated shall
decree Onethd Of the proceeds Of the and cargo
saved free Of all expenses and charges the aggregate
amount OF salvage compensation and of this one-ha
having been decreed TO the Of the Robb shall
divide the other half into thirty shares of $3.50 each
give