New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1853-01-17
DAILY CRESCENT.
Decision Of Judge Mccaleb in Case O

sAhvAGE.
D. f sl9sisf, osaes, o. steamboat IAu,s b.. 20.
lte @aa6ts 7 r la4 snI s'sa.. state, La-t
c11st-fa Adaa-.
The libelants in this case clairn salvage cgvpeoy
'n for services rendered in saving from By
,aaIahoat T. Leathers Il appear from the evIeBce.
Aat the steamboat Janes gobb. while prc-oeutns her
,fg nom thi+ port 70 that Of Louisville Ky. on the
ln june las dscDversd the Lsathers on fir. AZ College
fint about sixty miles above this city The discovery
fa mad about2 clock in The morning The Robb upon
Icing nai.ed By the LEATHER 10 her slstauce and
'rIHd htF IN very dangerous -it1ation The ere
10 he hold and all efforts 10 extngnh the flames had
proceed insdectual She had bern run hard asfore on
md bank with yiew 70 the live. of tbase board
she had been seutted fy boring into her number n
lrge holes fgr the purpose tinguishny tho
Aff All the steam ard water from her boilers had been
rxLau,ted by being discharged into her hold Ry f
ae1ns the flames AZ 1rst partially sub1ueI but
saan broke cat ~ feTceiy before She had
.ia ned the assistatce Of tho steamboat n Cb4rs
vii IA had yainy endeayorel 70 pull her oT the sand
iaut and extinguish the IRE when the Robb arrived
na flames had made progress to render inevitable
The ttfuctiou o the bealbrrs that portion If the
lfsD which had not been removed BY the st Charles
BE- i.eathsrs was commanded by Capt J. Leather
experienced brother. who board psssen-
GER to take command This request complied sith.
md thr latter had the control Of the burning boat lu
me X Do arrived with tha assistance Of hi brother he
rnga5e 10 doing all that skill cxprrirnce and Merry
iud accomplish with the his disposal ia res-
'n'ng lhe boat and cargo from impending pert At his
ieluest The Robb aided7hy the st Charlie hauled
Le'ihcrs % the sand bank She took board The pas
rrs ana large portion 81 the cargo frr m the deck Il
e leathers which hnd not been previously taken by
the st Charles She pumped the boilers Of the Lrather
which were empty fun cT water aud after giving ali the
nssianee she could fer about kous on the
~ leaving the Ieathers and prosecuting voyage to
.ouisyie when thc captain n IN. Leather ro1ueted
capt Montgomery leave as it wa5 perfectly apra-
gst the boat must inevitably he DESTROYED without the
.Intri c uiInpns of the r bh 10 sd in pnttio ont Inc
Gre. The testimony q Capt Leathers that he had
hopes whatrvrr u being able save the brat without
tuat aid which the RUbb only could He
f came TO thr conclusion to abandon the burning boat
to Capt Mont -unsry Of the R1tb that he might with
her whatever be might deem eEpedent with view to
her tutl safety
Captain Montgomery thereupon possession Of the
Lfathers and with ALI the means and machinery Of the
t1bb resortfd n every 1@v6r which Ek and ingenuity
eoud suggest g. ave her u nsy be proper here to
marx that the Rohb the only boat ou the Mississippi
provided with extra steam engine to furnish and
water for extinguishing fires This engine, with its
loilpr the main engine and its boilers and the small
EnF called the Doctor the Robb fitted up with
rAri pipes leading into me hold Of the Leathers The
two main engines Of the leahers and Doctor
also ted up with similar pipes which made lead
into her hod then r4i-ed in the boilers on
to,h boats and uuremitted discharge Of steam and
water Kept up by ths the in great
ra subiuel but not entirely extipcuisbrd The
heat in this hold 50 intenee and the smoke sloca
Ia u render it impossible for Euy 90 below T.
vas deemed advisable therefore, 10 fill the hold with
The Leathers then tnwed by the Robb from College
Point where she had been stranded to Vaicour Aies
Plantation six miles lower down the river ard bank
where there was about s feet OF water lille the boat
proceeding down the river to the point here
designated it was found that the current air created
~ her motion had the fleet uf driving back from the
hatches the steam anu smuke; and Capt Mont gomery
determined though at considerable hazard Of his life 10
llhe hose and descend into the hold that he might
thus be enabled more eeetually to direct Of
water upon the burning cargo lie urgently warned
not 70 d. BY ha officers the Lrathors who informed
him that there barrels ufturpentiGe in the hold and
notwithstanding he peril he incurred. be called
lunpers aid him the accompi hnlent Of his purpose
followed by pilot the Kobb, james
T. Smith her first clerk James X Moody second clerk
Marshall johnson her first gineer and Chas Pierce
pilot Of the Leathers descended into the hold With
hose in his hand while Dean provided with another
They thus enabled the assistance Of the other
/ johnson, 10 "A
perpetual stream Of water upon those articles mercan-
die ahicn were actually blazing They we're thus ana-
bed by constant exertons Tor several hours cxtiu-
guisi the flames entirely. and the boat and that
portion Of the cargo not already taken on board the hobb
me ,alaniy and intrepidiiy displayed by Capt Mont
gomery and his associate viii be fully appreciated by
reference o the fact disclosed by the evidence that
Of the barrels containing turpeuLine fire and had
ther hoops burnt o The water in the hold Of the Lea
tac5 WHs then pumped OGt th- freight which had been
taken from her board the kobb returned her
snd after thirteen hours Of unrenitted labor the
JUt continued her voyage Louisville in charge Of her
mate while Capt Montg meiy took command of the Lea
thtrs and brought her down safety to this port
The facts here detailed and the testimony Of wit
nesss not particularly referred such justify
t' eGrt ln regarding the services q tn salvor in
m highest degree meritori1us 1t cannot be dehed that
t.1o7t all those ingredients Of salvage service which
IN the opinion Of Court ol Admiralty enhance thr
claim for compensation strongly presented on the
trnl Of this The danger the propsIty rescued
imminent. The testimony Of Capt Leafhers shows
clearly that it would inevitably have been destroyed but
tor the timely assistance the salvors the conduct
Capt Montgomery were displayed vii hse auajtirs Of
shl! energy inrepidy and gallantry which have
and ever will appeal most strongly the equitable
ideration OF Courts in awarding salvage compensation
fhc same qualities were exhibited, though not to the
same extent. by those who promptly responded his
cad for volunteers and faithfully executed his orders
he roctor for the respondents have. with commendb
h6eAty admitted that the services performed by The
savors were Of highly mertori0us character and that
liberal remuneration should be awarded They have
however very properly contended that this not
OF tticf Ms that term is understood in the maritime
law and however much may feel Inclined regard with
favor the services q these savos it my duty adhere
closely possible to the well established principles Of
law cannot give TO the any other character than
that which the law has given Ii it could be- consd
cred of dereict should perhaps little
hesitation in decreeing the usual proportion Of moety
But glance at the law Will show that II would be sy
alton from all precedent thus to regard it
To constitute derelict in the Of the maritime
law It is necessary that the thing be found deserted
aban oned upon the ses whether it from accident
or ne cesSy, or voluntary derelicton Sir William
in the case Of the Aqula Il Rob 37 declared that lp-
gal derelct Is properly, where there has been abandon
ment at sea by the master or crew without hope
cry With the view for which the words without hope
q recovery introduced, viz distinguish tempo
rary absence from permanent abandonment. it gh!
pehHps have been proper have said abandon
ment without the intention Of returning since the pss
tedisEohdi might exist even though the abandonment
were without such intcntion In another easc-that of
tn" Jorge johannes q Rob 2l6)the learned judge
seems to have entertained opinion that If vessel
captured and afterwards abandoned by eaptor is
not properly Of dereict because neither the
nor those who were in possession AS M, AGENTS have com
mlttel any act Of derectiou So that in this view, to
constitute derelict there must be voluntary abandon
meni by the master and crew But this opinion ap
pear ifom later eases (fhe lord Nelson Edw 70 and
Tue Bendenbai DOdson 44 has been sin tly retract
ed and certainly it is not the recognized doctrine
country Sir Leoine jenkins has given definition
in it, most broad aud when he says
nets are boats other vessels found the
s a. without any person in them Works Of sir L Jen
kins vol SO 1t is true that the civil law attached
very different sense to the term for, thing
derelc IN that law unless the voluntarily sban
doned 1t without any further claim Of property in it
P0 atiet0 anteR hlbsitT fUed d0iRus jece At
~ IN Hlfo lt1uq lo't (lnSt Of .usniuIa
lib 2 ISL }l6) and therefore thing overheard in
storE1 to tighten vessel not esteemed a dsrplie
Rome ct al rs The brig Mason 272)
In the under consideration the boat on fire
was tound in possession Of her captain and who
never left her at any moment from the u
he dduger until the final exiting gushment of the flames
II Is LTut that Capt Leather abandoned her the
stsipn ot capt Montgomery under the conviction that
natHy could be eiccuay done Tor her safety withaut
the admirable equipments of thu RObh But such an
a0tutonment can in just legal be- considered
~ sufficient TO satisfy us in regarding the boat dere
hclthat is, deserted by her captain and sine
Tfra71idi ease Of the total abandonment Of a vessel
upon the Mississippi must very rarely especially
where in this instance she stranded
The Inducements seek safety by desertion ship
in iEmes on the high driven about in helpless
condition by wrecked the of the sea
can never exist public navigablc rivers Being
satisfied that this Is not case Of dertliet shall. instead
ct oB award dtthiJd Of the proceeds Of the property
ytu to the aaors be distributed hereafter directed
Ih position assumed by the proctors ths claimants
portion o the that distinction should be
by the court between the boat and cargo
coruized the rule, in Of this
know precedent for the establishment of such rule