The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-15
Impsrtant to shirowners.
MARINE COURT
RafnHn Isadn Ilniili..a a..A

JAN. 13.-GeorDe Coleman Us. Benjamin A. Mumford
Henry e. Scott and John EHsUorh. This was one Of
several suits to seamen's wages. In August
1885, plaintiff with others shipped mariners board
the ship Palestine, belonging to the defendants
at San Francisco, "for ports in Peru,
and thense to port Of discharge in of the
Atlantic States of the United States with permits
sion to touch at any intermediate ports" at SIS
per month to port in Peru and thu going wages after
wards The ship arrived in ballast safely at the Chin
cha Islands took In cargo OF guano and proceeded to
Caiao On the nomeward voyage the ship sprung slsak
nambuco where surveys called and the ship con-
demncd as unseaworthy This the plaintiff claimed
a discharge from his contract, and demanded his
wages up to the the arrival of the ship Per-
nambueo, with interest, and allowance, in lieu Of
wages to pay his passage to the United States II
admitted the trial that the cost Of shipping guano
from pernambuco to Baltimore exceeded the amount the
freight was earned The defence to the action was as
follows
]. The ship having carried freight the defendants
are not liable for seamen's wages.
2. That the plaintiff and others Of the deserted
and abandoned the ship at Pernambuco, without the
permission of the MASTER and that he thereby forfeited
all claim to wages In support Of the second bran,h OF
the defence the log book Of the ship kept by the mate
was put in evidence by the defendants in which entries
appeared and which they relied to prove the plain
ts deserton The plaintiff offered paro proof to show
but allowed to him to prove that the log book contained
interpretations not made at the time the entries
written, and not in the mates handwriting.
was as ancient maxim Of the law that freght is the
mother Of wages" In other words Il the ship carried
freight, the mariner was not entitled to wages, but
that there exceptions to this rule harsh and often
inequitable in its effects 1t adopted many years
ago when each had an interest per centage
in the earnings of the ship by way OF wages pac-
tce similar to that now obtains among whalers
but since that time the custom on this subject has
changed and fixed sum agreed to be paid seamen, and
yet while the necessity for the principle Is destroyed
the courts, both in England and America have until
comparatively recent date adhered to the doctrine In
many respects it is sautary one-impress upon the
seaman that lie has an interest in the success OF the
voyage and thus the faithful performance Of his
duties The courts have recently, however, relaxed
this rule and number Of except ons to IL are re-
cognzed IT is not necessary to recapiulate them but
to notice that under which deem this ca ,e to be placed
In the of the Saratoga Calls r., IT'S; the Two
Catharines, Masons r. $40; Peters, r., 675; Sum.
ner, 1885, Wares Rep, 1885, and numerous other cases.
il was held that the owner has chartered his ship to
take freight at foreign port and none is carried on
the outward voyage, the mariner Is entitled to wages,
although freight has accrued. For tue purpose of
giving the defendants fair exception if ere in this re-
cepon to the rule and cargo having been taken with
the outward voyage so far as this objection s concern
ed the plaintiff is entitled to Upon the second
point OF the defence the laws Of the United States pro-
vide that when seaman leaves his vessel without the
consent and permission Of the master, officer in
mand, for more than forty-eight hours, he shall
forfeit all wages due him. The law requires that
the mate, other officer having charge of the
book shall make an entry therein Of the name o.
himself ndmakes this entry conclusive evidence Of the
deserton Entries in the log book the defendants claim
and the courts have given 1t the strices construc
ton The log-book is with you, gentlemen aud In my
judgment not Of the ENTREES which the defend
ants rely compliance with the Law. Some entire
~ omit the Of the seamen-others do not state
that the men absent without permission Of the mas
ter, and thus all defective. But If this not
IL is shown by Of the board, after
promoted to the omos second mate that he occupied
entries in que ton in the log that at that time the in
Temptations we not there and that they are not in the
handwriting of the mate 1t principle Of law that
" false thing, false in ALL and know of
where this principle more powerfully applies than in
the present Tie law makes the entry Of desertion
sertion. At common law this would not be
Pyima face evidence Of the fact surely then in
show that fraud and forgery exists and charge you,
gentlemen that if you from the testimony, aud on in
the entries have been alsiied, disregard them
altogether 1t is question OF fact of which the
teer an opinion II you come to the conclusion to ere
gard these entries then there not the sehtest evil
dence Of deserOn the part of the plaintiff proven
and he Is entitled to your verdict IL you find for the
plaintiff IT will b at the rate of s75 per month from
San Francisco until the arrival of the ship at Calao and
uutiI tho plaintiff left the ship at Pernambuco The
dates follows Shipped at San Francisco August
90 $780, arrived at Caao October go 1850 two mouths
and ten days Left ship at Pernambuco March "a, 1851
four months and twenty days. with interest al per
cent from that date, deductng $50 paid him at San
Francisco. You may also allow him, in lieu of wages,
to discharge his passage TO the United States, not
to exceed two months pay at $50 per month The jury
Aionso N. Grey,rs. Benjamin A. Mumford aud others
-Chds 6e,co,t rs. The Sdmc-The plaintiffs in these
actions were seamen ON board tue snip Palestine and
the cases present the same features tho Of Cole
man, above reported, with the additional offer.
ing the rate of interest to be allowed. BY consent,
jury was waived and the case submitted to his Honor
Jucge Phillips, VIII delivered the following decision -
Having disposed Of all the legal questions presented in
these actions as they arose in Coemanis case shall
only notice the additional one which arises. The
plaintiff put in The statutes of California In 1850 unier
IN
mum, and claimed that these contracts were made
there, he was entitled to recover at that rate At the
tine Of the offer inclined TO rule with the plain
tiff. But on reflection, and looking at authorities,
have arrived at different conclusion. II held in
Foeen Sharp, Johnson's Reports 1S3, that where
bill Of exchange was drawn in England and ade paya
BILE there the holder could only FIVE per cent
that being the legal rate IN mat Kingdom i Y true
but II was not to be performed terminated there and
shall therefore, hold that the 'ue in the cited
cover seven per cent interest Judgment Is therefore
given for plaintiff Gray, for $780, with costs, aud sl2
allowance by statute and for plaintiff, Stewart fer
1871 Ga, with costs and s12 allowance by statute.
Ddris Hall rs. Benjamin Kunyord aud others.-
Dasea on 'e an pns sea M, nree
ants claimed that the plaintiff paid in full by the
American Consul at Pernambuco, and gave receipt to
that effect Is IL receipt in full for plaintiffs wages
The receipt Is in the following words "Received, May
To- 1851 of James Wright Gordon, Consul of the United
hundred and sixty six thousand hundred and sixteen
res, (26G 1l6) currency OF Brazil IN full Of my proper
ton OF the net proceeds OF the ship PALESTINE OF New
York. condemned and sold at this port for wages due
as seaman board said vessels DAVIS HAIL.
'Pernsmbuco May Is, 1s61.r
II will BE observed that this discharge is not in fun for
plaintiffs wages but Hin full OF my proportion OF the
net proceeds OF the sale Of the ship. The plaintiff has
shown that wages due him at given rates up to the
time OF his discharge and unless payment ia full is
shown, he cannot be barred from recovery II has been
repeatedly held, and Judge Ware, in the David Pratt,
Wares reports, AGO. delivered most elaborate and co
quent opinion upon the Of receipts and releases
obtained from seamen and decided upon plain authority
that receipt, receipt and release under seal
were not conclusive bar to suit for balance OF
wages; for the reason that generally
less and ignorant OF their legal rights and masters and
ship owners wary, sharp fighted, and cunning in
ing their interests, courts always jealous in
watching, that the gallant and sefsacrifcing