The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-12-25
THE HORRORS OF THE SEA.
Si7 900 salvage Awarded 90 Tipima n, tho
coiorcd Mss, whs kslbsa Three whites
and nr.ughs shs Schooner N. .. Warning
into Pert.

uKfrNn sfAFm pwsasw az.
nno as--wsihsA A@u~an . S--sm~ y J. Wa
rng.-snrrss, s~Altm - ~ ZEN. Against the
schooner \ >. w@~m m~ Asa sarge. by which
WIN riilnan, WIN. ~s~fAaa "a tspaAs nsgsoa. seameo
and Bryce MaokiBneh lusssseee salvage
for rcsculns tbs vs~oi $50 ~ n&ss FROM called
prizs Grow, and bsian,s asn saiesy INTO por, O
New York. The threp ass hbel arts o,ped In
libel ant The aaer ,azsialea separate proceeding Tn
two libels were dssed and are tbreore treated
MS asnsle cause Tho facts bfcay these the atl
of July last tho schooner havng on board valuable
cargo saisd from Now York Tor senes Ayres shs had
fa Drew, captain, two natss -four saamsn. including
Shedding and Mcleod. . oolorcd steward, TllmaI,
and Mackinnon, who was a passenger. On Tho
morning VI tho It'll OF July, about two hun
dred miles TO the south and eastward Of Sandy Hook sho
was ca2urnd by the brig Jc Davis pretended prize,
and prize put board Of her with orders TO take
her INTO some Southern port. The captain two mates
and two Of the seamen OF the waring Ave in ALL were
taken on board the Jc Davis lcay tho four ibeants
me rzo crew consisted Of the prize ister mates
and woseamen Afor parting with tho jeiI Davis the
prize master headed tho Waring for South Carolina
when IN the latitude OF Charleston about forty miles TO
tbs eastward OF the Gulf Stream, tho prize msIar in.
formed Tinan thc steward that he should not attempt
10 enter ,hireston harbor but should cndcavor 10 run
into North Edisto Inlet which considerable distance
south Of Charleston aud that he thought he should reach
there he next morning. This The 10Th of July
FROM the tlma Of the capture down to the Till
prizc master and, at his request, aided in working the
vessel. But very soon after the capture both Sed.
ding and Tman conceived the idea Of reakng the YES
sell The thought seems to have been Qui rned in Till
mans mind by the fear Of being sold int slavery. A
rcmak made BY Of the captors had aroused in his
breast this apprehension. After several consultations
llman and st dung ~ tho determination rotake
the vessel II any opportunity offered. They both applied
to Mcleod and urged Inn TO JOIN them in the enterprise
but he declined the ground that he danger
for being tish subect he would be protected by his
Consul wherever he might be carried. He declare him
SELF unwilling TO shed hood for the purpose Of regaing
tho possession Of the vessel Nothing said by Till
mar or Ste ding TO Macknnon The latter being a pus
seager, was well treated by and familiar terms with
the prize master ana his mates, and on this account Till
man and Stcdding had some fears OF trusting him with
the secret Of their designs These two
TO have kept their plan Of retaking tho vessel
steadily IN view, though deferring It's execution Till
the last moment, hoping to tal IN with some
manol-war the coast who would recaptuie
tn M and ths spare lhem tho peril Of the undertaking
Ga the s II the 10Th ndag that they could safely
no longer they proceeded TO carr their an into
execution 1iman had concca cd his hatchct time
hcre. that he could lay his hand it at the
he NEEDED it, and that night, when Shedding went TO tho
wheel thereafter t,ok knife and small pocket pistol
with him The Captain prize master and Of tho
mates went into the cabin and turned IN. lnan after
wards went 10 his berth III tho cabin, us usual TO
avoid suspicion 1lis left on deck Stedding who ut
the Wheel ono III the mates and the two that
had come from JEFF Davis Mcleod was asleep in the
forecase. Agreeable 10 IN understanding belwoon Till
and Shedding, the Inter, the prize
and his mate below had fallen asleep, and when tho
slipped OF his boots and went into the cabin to the berth
If Iilinan, and aroused him TO the work. and then
returned 10 the deck Iillman Immediately sprung
Dut OF his befth got his hatchet, and GONG
10 the prz master S state room, struck him two blows,
oh undoubtedly mortal. He Immediately won't
10 the second mates siateroum, and as no was lust
aiul.sing up stree; him blow and closed his statcroom
door and then deck As no reached the deck he
found seddg aiming his pistol at the mate and ing
that he cd, The rel ort would awaken the
forward he told Inn not to tire BY this time tho mlto
nearly on his I.et, and nqurng what the noise
III The cabin, when T.lmln struck him bow with the
hatchet and lio fell across the companion way side
Shedding aud Tilman Immediately seized him and threw
him overheard. They then went below, and another
attack by Tnian On tho mate IN the CABIN they seized
both him and the captain and threw them overheard
After having with assisaL from Mack ,nnon put
tho other OF the prizo in irons, they walked
Moi cod informed HIM what they had DONE and " their
Intention to take the ship to Northern port and asked
him y he would This no promised 10 Tho vessel
was headed er the North watches organ zed and
after four days and six hours unrcmittng vig
tion hey arriv with the vessel aud cargo all
The port New York None Of the lbelants understood
the theory OF navigation; 1ilman could not read ALL
md Shedding only IN his native German II does not
appear that Nc, eod could read. M@ckDnon person
Of olno ed cat on the request Of Ilman reau To
HIM somc PARTS the Coast Pilot" he also st od his
watch and did his duty ON tho passage to New York
sc Inod did his duty according TO his promise have
tran sactluL the conduct Of Tnan and Shedding
has beon worry SHARPLY criticised by counsel, and the
ncri, d the rcscac denied ON the gound OF Its
culinary character, and also On tho ground that IL
lacsd the vessel the sole control Of uncducacd
ani uuskiuI n,vigators. II is insisted tina, these
two men, especially Tiiman, in the violence no in
tc,ed on lhe prize master and his mates exhibited
ferocty rather than valor, and that this circumstance
10 incline the Court 10 altogether deny greatly
diminish the salvage compensation any would BIO 9TH
crgjse se IL is of conceded that Court ought
to sanction, indirectly encourage, unnecessary and
wai,o violence, cten towars those who avow them
sclve tho the nation. This is true. But
determining tho character the force used such an
uccnson IN ali the circumstances must BIO taken into
consideration This schooner had sailed peaceabie
t.,l artuka h
by Al armed vsc her ocers and two Of hor
from aud made llissncrs on board the capturing
SOL leaving but three O her crew and sngor Nc
Leod refused 70 aid in tie rescue Mackinnons views
were unknown. Tllman and Shedding must ai0no
five III all Their only arms small pocket pistol
aud knife and hatcnet. The peril OF tho undertaking
was imminent and desperate Instant death
Ia both StiidiAg and Ti.Iman would prOba
ably havo followed their failure. They had right
ca; ie the II they could. Thay took the hazard.
and having despatched tho three they had mos.
IL fea III spared the other two, equal nmber with
It suggested that they ought TO have
spared tho Office s, some OF them, after they had
wounded ihem 1t is difficult TO say what the precise
coidst u officers WAS after the first blows but
am med to think they were mortay wounded, and II
is ,ot easy how Tlnan and Shedding could have
exl ended 10 them any humane attentions. Their peril
was by means at All end. They hostile
coast four five days sail from place Of safety without
theo. otica knowlcg e Of navigation, and by means
free from danger OF recapture by another cruiser
think they not ~ BIO blame for devotng heir
gies their escape from peril by navigating their
"a
tc.tion upon their dying enemies. lagree with the first
remark Of the opening counsel for the claimants that
tn. nero angrary OF the should not
chanc., tho sal wage compensation. The truc foundation
CT savage reward Is the danger toll and skill Of tho
ah ors and the Iie from which they tho pro.
per,y and not tho tragic incidents Of the rescue
The counsel who closed this Tor the claimants insist
that the did not relieve tho vessel from but
raihor Increased her peril The ground this singular
ec.iun il that The sailors ignorant OF the theory
o. navigation, and therefore not fit persons have
G. a-ge Of tho vessel do not know fully compre-
bend the force u this objection but know Of princ
MO VI law that prescrbs the degree Of knowledge man
must possess condition precedent to his pero ming
salvage service when no other human aid is within
reach. 1ety and success are OF more in the
eye of the law ti,n accomplishments Dr. Lushingtou
IN tho case Of the bark Dryden, cited in Marvin,
persons offer their services to vessels in distress and
there other individuals the spot capable Of rem
dering efficient assistance, this Court must Look
with considerable indulgence at their efforts because
being the only aid that can be procured and offered in
state of great exgency every allowance must be made
they not Of adequate knowledge to perform
the duty they had undertaken And in the Cape Packet
g w. Rob 1927. the high authority laid down the
rule qualifications to b. that whcn persons under
take perform salvage service they bound to exer
else ordinary skill and prudence in the execution Of the
duty they take upon themselves to perform. do not
to say they must be finished navgators but they
must possess and exert such degree Of skill pru
dence persons In thor condition ordinarily do possess
and may be fairly expected to display" These
OF DR.. Sushng TO ne, II must be remembered,
forred to cases where persoDs not connected with
the imporillsd vessels had undertaken 70 res
Thorn NINA nrdt Of fha