Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-05-28
A Remarkable Case OF Barratry

The bark Messenger Bird, an \ vessel Of lis
tons. built in Kingston. Mas, IN ISL, left Rich
mond, Virginia, il peccmlcr, 1893. with cargo
Of -four for Rio .Innciro. lille at Rio, the captain
whose name was John II. pelcr. chartered her To
bring a cargo # coffee Ia Hampton Roads, Va.
for orders. She accordingly luldel with ISll
bags Of coffee, valued ~ $4,000 Tor which the
captain signed bills Of nllnE. consgnng II t. Mr.
John t;nli"p, of New Y rk The vessel cleared ut
the lt,o Custom House, and also ut tho United
States Consulate, III accordance with her bill OF
ladng and sailed on the l9th of January, 1859.
nomnally for Hampton Roads. She was some
time overdue, was reported " missing" and the
consgnec supposed that she WAS lost, when she
was suddenly heard OF around IN the Pacific, hay
ing put into Valparaiso the 9Th of March
The New York Journal Of Commerce gives the fol-
lowing history uf the
1T appears that before leaving the United
States, the captain, who was part or chief owner,
had borrowed IS 900 on hIs vessel from II respect
able merchant in Boston. and before he LETT Rio
had not only borrowed IN additional sum there by
giving n DICTIONARY bprd, but had also obtained
from the Messis. MaAwell>. who are ever ready to
oblige American commerce, an advance sof ST.
40, on the freight money he was Ia earn by
transporting the coffee to the United States.
After clearing from Rio, however. he ran away
with both vessel aud Cargo. aud sailed around the
Horn for tho Pacific. GA reaching Valparaiso,
the captain asserted ownership Of the cargo and
under the prctonco of tightening the draft ct ms
vessel aud facilitating his voyage to San Francis
CO, whittier he protested to be bound he discharg-
ed GOO bags Of the coffee. taking advance on it
Of 81 $50 and ordering to lac sold and the bal.
ance RENTED to Mr.. PIERCE, ct Boston, from whom
he had obtained the first mentioned loan. That
is the last heard Of him, and whether he intended
to sail for California will steer for Melbourne,
none can safely predict. Unless he breaks up the
cargo ut different ports, he caunot well find mar
ket for it. except ut the two points indicated.
If he should sail for San Francisco. and be de-
tanned upon the VOYAGE, the orders which have
| gone out overland may reach that port in time to
arrest his career. H. was reported as having his
| wife" with him ut Valparaiso. but whether tho
female that passed under that name possessed
any legal right to that title cannot be determined
lie may escape justice, he is very adrot in his
movements. but he will he followed around the
world rs far as he can he traced. and the chances
| are very much against him.
| The case involved many questions oe very grave
| importance. From The eatli.>t wears =" which
| underwriting dates its orr GIN insuran, colnpa-
! MES have undertaken to pay shipowners aud
| shippers of merchandise all damages arising
froin the "barrary of the master aud mariners"
The legal definition Of larratry is'"auy unlawful
| or fraudulent at Committed by the master Or
] mariners Of ship. without the consent Of the
| owner and tending to his injury, as by running
away with the ship. wilfully carry her out Of the
course which has been prescribed By the owners,
sinking or destroying her, emlezxliRg tho rsrgo.
| smuggling, or any other offence whereby the ship
or cargo may be subjected to arrest, detention,