The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-11-20
GpDA..YYs0o or AMEKICl
" D1sTRICT OF VIRGINIA, s. s.;

VYNITEn erRA,TE0, or AMEKICA,
" DISTRICT OF VIRGINIA, s. s.;
IN ADMIRALTY.
Joseph Limeburner, Master Of tho
steamer Alabama on behalf Of
himself and Others interested, Libelants
against
The steamship Victor, her tackle
apparel, furniture and cargo.
Whereas libel has been filed in the District Court of
the United States for the District of Virginia on the 9th
day of November 1865 by Joseph msburner Master Of
the steamer Alabama, behalf of himself and others in
teresed against the steamship Victor her tackle apparel
furniture and cargo, alleging, in substance:
That the steamer Alabama Is q vessel of about one
thousand and fifty TONS sidewheel steamer of great
power and strength and at the several times hereinafter
mentioned, was staunch, strong, we'll and sufficiently
Manned tackled apparelled and furnished and wis en-
ployed in tho business Of transporting lassengers and
freight between New York and New Orleans. That the
steamer Victor was propeller and at the several times
hereinafter stated engaged in the business of
porting passengers and freight between New York and
New Orleans, and had board tho times
mentioned large and valuable cargo of merchandise
amounting in value to the Of about hundred and
fifty thousand dollars and said steamer Victor Of
value OF about one hundred and twenty thousand dollars
and had also large number OF passengers to wit
| bering from thirty-six to forty.
That on Friday, the twentyseyenth day of October
1861 while the said steamer Alabama with her cargo and
passengers, voyage from New Orleans 10 New
York, and about 2P NJ in the day and when the said
steamer was In about latitude SO "a North and about two
hundred miles from Cape Hateras the said steamer Vic
tor was sighted from the Alabama distant about ten
miles the starboard, and 10 the eastward with signal
of distress flying, being Union down. that the Alabama
at bore away for her. and having reached the Victor
found her not under sea having set foresa and top.
sail, and making very little progress through the water
and in her then condition quite unable to get into any
port.
That at the time the swell was hsayy from gale that
had prevailed, but otherwise the weather was moderate
That checking the Victor her Master Yates inform
ed the Master of the Alabama the beant to the pur-
port that his ship was leaking badly That Sunday
Monday the I'D or 23d her boiler had broke adrft
that had stove the other and burst IT, That this acct
dent had occurred Sunday Monday some five or six
days proceedings that he had but two casks of water left
and had lost or had water stove, and requested to
That libellant hailed to ascertain whether he had
hawse and directed the end of to be sent on board
by line in boat which was DONE and the being
made fast the Alabama proceeded with the said steamer
Victor in tow at about five N. of the same day.
That the said Victor listed considerably to star
board and from that other causes sawed Sfeat deal
which, with the swell of the caused heavy strain
upon the Alabama and rendered her towing difcut =
That the Master Of the Alabama, when he took the haw
ser from the Victor hailed the Master Of tho Victor and
asked him to disconnect his propeller to which he re-
,eived the reply that he could not the vessel al
ready leaking badly that he did not dare do it, ~
would increase the leaking Of his vessel That another
paid out from the Alabama and made fast TO
he Victor for the purpose of enabling her to be kept
more on the track OF the Alabama. That this hawser
parted.
That tho Alabama continued to tow the said Victor
rom five p NJ of Friday, the twenty seventh Of October
until Sunday following, when, between nine and ten
'he arrived with her and came 10 anchor in Hampton
Roads having towed her distance of about two hun
md fifty miles where fallen in with about two hun
lred miles from Cape lIatteras, before stated That
ifter anchoring Captain Yates, of the Victor,
BOARD the Alabama. That he requested bellan to take
he passengers d the Victor board the Alabama and
transport them to New York. which libelant consented
o do, although it difficult TO do from the full
tion of his ship and to accomplish which ii became
necessary to add to his supplies which having been Dune
hey to the number Of thrty-six brought into the
of New York. where the said steamer Alabama ar
lived on the evening of the thirtieth of October 1863
That the said steamer Victor rescued by the Ala
erself passengers crew and cargo and she could have
lardly lived through the heavy weather. That her |
hances of making land at all very improbable and
making it in her disabled condition, have been
wrecked That the services rendered to her
avage promptly, efficiently, skully and success
uy performed and attended with considerable |
train to the Alabama which vessel of the value of
bout hundred thousand dollars and had ON board
argo the value of about three hundred and ten thou
and dollars and was delayed on her voyage for period
{ two days.
That C,ptain Yates of the Victor, when first spoken
allied the Alabama to the purport that he would nav
twenty-five thousand dollars to DO taken in tow which
ffer not however assented nor answered bv he
iaster of the Alabama, &c. 7
And that they entitled to q reasonable share Of
aid vessel and cargo for the salvage thereof and praynp
against said vessel and cargo and reasonable AM,
roper salvage and that the said vessel her anna
b. furniture and cargo may be condemned asd sold TO
ay such salvage, with costs, charges and expenses
Now, therefore, in pursuance the antion under the
nal OF the said Court, to directed and delivered do
ereoy give public notice to all persons claiming the said
Se'i me- aPpaiei furniture and cargo,
tanner interested therein that they be appear before
ne sad District Court to be held the Court Room in
nc City man, in the city Of Norfolk in and for the bis
ct OF Virginia. the fourth Monday fhe 9th ayl of
ovembcr A. d. 1868 at eleven O'Clock in the forenoon Of
iat DAY provided the same shall be day ursdict1n
'hefwise on the next day of jurisdiction thereafter then
nd there to interpose their claims and make their acg
ons in that behalf
Dated November G, 1865.
JOHN UNDERWOOD,
United States Marshal |
b. III CHANDLER, Proctor for Iibellant novI-2w |