New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-25
Law INTELLIGENCE.
UNITED STATES DISTRICT COURT-DEc. 70
TILLMASs CLAIM FOR sALyAGE-rHE SCHOONER

L
5. J. wARISG.
VIM TlI@sD etsl ayt the schooner $. J. Wsrins 4,
SBlPMAS, J.-This IL libel IN rem. aga st the
schooner s. J. Wpe her taesls and cargo BY which m
lman VIM. Shedding. aud Donald Mcleod sesm.n, and
Bryce Mschonon psuee eek to recover salvage for rec
Sa sies hem .ey int, II. Port Of NewYorI The THREE
ed line anita joi, ed in one bel snd the latter ios
ssss and are therefore. treated as single cause.
Ths facts orrfy those; On the t'h % Jay e the
m.te. four rearnen including Seeding sd hcLeod,
colored steward TlInsn spd Mscsnnon who p.sssn
ger On tho nous the 9Th Of July about aoc miles to
the south sn eastward Of Sandy Hook she was captured oy
on board Of ber With orders to take Southern
port The csptsa two mates and two OF tue sessa oil inc
n. the four eana The prize consisted Of the prize
niser two mates and two ,eamen , =,
A.r p'ip. with the JET Davis, the prizemseI ns.dea
Charleston. shout forty niles TO The eastward OF tue Vu
Stream the przemas.er informed liilnsn tbs steward that
he should not attempt enter Charleston harbor but should
20 run into North Edso Inlet which considers
bic distance south Of Charleston and that he thought be
from the time Of the capture down to the Timsn
Sednx and Mcleod Continued do duty under the prize
master and at his request, aided 10 working tue vessel
But very ,oon amer the capture both Sddng and Tmsn
to have bsen qucksned in 1nss mind by the fear Of be-
Jog sod into slavery remark m.ds oy one Of ine cs1
n.atsons Tlnsn and Shedding to the discrimination
ret.hs the vessel any Opportunity ohrisS oSsa
but he decaed on the ground that he Ia dnse for
being British subject he weud be protected ey ~, eos n
to shed blood for purpose Of rtskes the vessel nothing
was said by Tlmsn Shedding to mscAianon The stter
S sis ,ss and b. nses and on this I'M
man aud Shedding bad fears Of trusting him win the
.S.r p,n as II eissas the vessel steadily view though
execution till the last moment hoping to fai 10 WIN
,S"s snare ,Lem The peril of the undertaking.
the night leih finding that they cond safely defer
,op Tmsn Ls alcd his hstche O,nr @o before
that could lay his snd Ii at the moment he needed
sud that right when Shedding wen 70 ns ~nee .ne
prize and of the mates wef io the rAo ana
turned in Timan aterward went to his beh In the cson
usus to avoid 'uspcion This LEFT On deck s!ed
dnz who the wheel Of the mates, and the two
that had come from the JEDI Davis Mcleod was
all en- u the forccsse Agreeable to understanding be-
tween Tmsn and Seeding the latter as soon as the prize
master end his below bad fallen asleep and hen tho
,Noped OFT his boots aud went the cabin the berth Of
TlIman aud aroused bui to the work. aud then returned
10 the deck Tmsn immediately sprung out OF ms oerth
got bis Ratchet. and going to the pzs masters saterooci
struck him blows which were undoubtedly mortal lie
went the second mates stssioom and " he
wa. Just srousius up STRUCK him blow and closed his state
door, and then deck A he reached toe deck
b. found shedding hs pistol the nate and fearing
thai he IN ed te report awaken the for
ward ho told him not To hfc ny this une the maze was
cabin when Tman struck him blow with tho Ratchet and
he fell the compaiop slide Steddus sne Isn
thea weut below sad after another attack by Tman the
mate 10 the cabp they seized both him and the captain ssd
thfev them owe board. -
having with some assistance from Msctinnop, put the
other Of the prize crow In irons, they wAssd Mcleod
him hat they bad done and OF their intention to
tai the ship to Nohera port and asked him be would
This he promised do. The vessel then beaded
the the watches organised and amer four dsys aud
six hour unremiIting vigilance aud exeron they arrived
With the cargo all safe At the pot Of Newfotk
None Of the besbts understood the theory Of
Tman could read ct all and Shedding only In his native
German IL does appear that Mel could read Mao
person Of education and st the request OF
dlr,sn marta o
stood his watch and did his duty on the passage to New
York Mcleod did HIS duty, according 70 his promise.
thus particular in detailing the main acts OF th
Transaction because the conduct OF Imsn aud Shedding has
rescue deuied 90 ground Of m saDsunsry character and
gIourd that placed the vessel under The sole con
tro ofuneducsted and askiifal navisatora
IL Ia Insisted that these two men, especially ilnan In the
tied srocy than vsor and that this circumstances
ought incline the Court to altogether ceny or greatly di
sh the salvage compensation would be otherwise das
H. of conceded hat Court ought to SANCTION OF
Indirectly unnecessary and wanton voeocr even
toward those who themselves enemies Of the nation
This 10 But In determining the character, OF
the force used such al occasion 1 this
all the circumstances must be TAKEN into CON
sdeson This schooner hsd sailed on Pesceaole AM law
She overtaken tho high seas oy an armed
vessel officers and two Of her TAX rom per ana
made prisoners board the vessel lsavtos sn three
her and passenger Mcleod refused 70 ao "a we
rescus. Msckinnon's views were unknown hiiiman eno
Shedding alone the three prize ores aud he
prize .emen6ve Ia all Their arms were sns Poe hes
pistol and kife end bs,cne Tue peru OF the udes skns
de,perne Instant DEAN TO non eeeoins
AID 1lman would slsbl, have followed their failure
had rht to vessel II they could hey took
the hazard ana ss having dispatched The three men they
bad fear they spared tho other TIVE an eq1s
with themselves 1t " suggested hat they ought 70 nsW