The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1860-07-16

STEAMBOAT CASE DECIsIoN.-The case c
John B. Sutherland et. al. against the steam
er AngIo Saxon had hearing. before Jus
tice Mcbride last Friday morning, Nj
J. G. Jones appearing as Attorney for plain
ifs, and Mr.. j ohm Foster for defendant
The suit was brought by the plaintiffs to re
cover payment for services rendered in
raising that boat after the disaster whicl
occurred to her at this place last spring
The facts ELECTED in the trial were as fol
lows:
On the night of the 26th of March last
as the Anglo Saxon was leaving the city
wharf, she took fire in her hold in conse-
quence of the inigntion of some lime which
she had on board. The steamer Pacific
went to her assistance, when after being
| towed down to the mouth of Pigeon creek
and as much as practicable of her cargo re-
moved, she was scuttled and sunk in order
! to extinguish the fire. Shortly after ward,
the officers af the Pacific, who were entitled
TO salvage ard the agents of the In
suranee companies interested in her cargo
contracted with Capt. Hamilton. of Louis
vile, in consideration OF. the sum of 81 900,
to get her afoat again
The bargain being closed, Hamilton en-
gagged the services of the plaintiffs to raise
the boat, agreeing to pay them at the rate
OF 25 cents an hour while employed, and to
double their wages in the event of their eff
forts proving successful. After some seven
teen hours work, they succeeded III accom-
plishing the task, and demanded their pay
according to agreement, when they were
called together and paid a part of the sum
due them, each man receiving $3.50, Capt.
Hamilton telling them to call the next morn
ing when he would satisfy them for their
labor. Upon applying the following day
according to request, Hamilton refused to
pay them anything more than they had re-
ceived, but in consideration of the inclem-
ency of the weather, he, not over politely,
invited them to betake themselves to the
warmest locality which occurred to him at
the moment.
The plaintiffs being thus defrauded of their
hire, caused a writ Of attachment to be is
sued against the boat, bringing suit for the
sum of $500 each claimed as due them in
accordance with the provisions of the agree
ment in case the boat was raised. The law
in relation to leins upon such vessels pro-
vides as follows:
"All watercrafts, found in any of the
waters of this State, are liable for all debts
contracted by the owner, master, agent
clerk, or consignee thereof, on account of
by boatmen, mariners, or others, or of work
done and materials furnished in building,
repairing, fitting ont, furnishing or equip
ping the same"
1t was held by the counsel for the de-
fence that this provision would not apply in
the case in hearing, as the debt claimed was
not contracted by any or either of the OF
ficers mentioned, the boat having been given
up to the officers Of the Pacific, and the con-
tractor being employed by them and not by
the officers of defendant. 1t was also claim
ed that the provision that % This lein exists
whether the party claiming it has paid un-
der workmen whom he may have employed
in the business or not but such under
workmen, employed only by the principal
contractor have 10 such lein," would cut off
any action by the plaintiffs against the boat
for though Capt. Hamilton might have a
lien in case his claims were unpaid, the
workmen employed by him must look to
him for their wages and to no one else. |
The defense was ably sustained by the |
learned counsel, but, it being claimed by
plaintiffs that Capt. Hamilton nad charge of |
the boat while engaged in raising her, and |
hence might be regarded in the light of |
master or consignee, and it being made to |
appear that the mate of the boat remained |
on her, directing the men about their work,
the case was claimed by the plaintiffs and |
decision rendered for the amount in action,
upon which the defense took an appeal to
the Court of Common Pleas.
This decision will most probably be re-
versed when the case comes up again, as
there is nothing in the evidence to prove |
that Hamilton was anything other than
to perform the work required
nor does it appear that the mate although
De retained the command of the boat, had
anything to do with employing the plain
ifs, or was in any way party to the agree
nent for the nfractiOn of which the action
was brought.
The whole affair, from the assumption of
he direction of the boat by the officers of
he Pacific to the raising of her again, looks
ike piece of rascality, a scheme to defraud
10Th the owners of the Anglo Saxon, as
we'll as the workmen employed in getting
Ter afoat The contractor, Capt. Hamil-
on, must be most certainly, a beautiful
inave.