The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-19
BROOKLYN COURTS.
UNITED STATES DISTRICT cuua1-EM1lsH DISTRICT.

Tampering with the Log-book Of the ves-
sci, &c.
Before Judge Benedict
Walter Burke Us. the brig AndSdsid-Ths 10 an action
for salvage The libel is filed by Walter Burke in be-
half Of himself and all Others and AYERS that in De-
cembcr last the lbellant Burke being Bermuda and
DESTROYS OF coming to this port was offered passage
FREQ Of expense in the Italian brig Anasiasia and he
accordingly board for that purpose, and that
there board at the port OF six Con-
suls men, also bound to New York that in tho prose-
cuon Of the voyage the vessel met with adverse winds
and cold weather. which the Italian master and
proved incompetent to contend with successfully that
the vessel frequently and unnecessarily put back
and so kept knocking about for wentythree days
without making port, when the whole voyage need
not have occupied than ten fifteen days at the
farthest; tn at the twentyth day OF the voyage
when the provisions and water already getting
short, and when the vessel was within almost thirty
miles OF the port OF Liverpool, N. s., the wind then
blowing from the northwest and the brig being badly
iced the master announced his intent to put back again
and for Bermuda: that such course If adopted
would have placed the vessel in great danger OF loss
through the starvation Of all on board; wheTeupon the
beant, Burke in order TO preserve the vessel, took
charge of the same. and with the aid of the Colsuls
men knocked of the ice and headed her for Liverpool
contrary to the wishes Of the master; that she arrived
of Liverpool the Same night at dark and stood of until
morning, when she went into the haroor 10 safety.
And but for the services rendered by him. the libel
liant alleges that the vessel would he believes have
been totally lost an that such exraordi
nary and entitled him salvage compensation These
allegations the claimants for the most part deny ard
they insist that the vessel danger; that her
master and competent to her navigation:
that the belant rendered service, and that the
sci into Liverpool accordance with the WISHES
of her MASTER in order that they might get rid OF the
lbelant and the Consups men, who as IT is claimed,
seemed DESTROYS OF creating disturbance in the vessel
BENEDICT, J.-this case has Deen treated both
sides as II the crew Of Consus 10 be consid-
cred beants as we'll as Burke, although the libel sets
forth that special services rendered by the
makes claim for compensation to them and prays
decree their favor. shall therefore consider the
has been treated by the advocates and shall in
the first instance dispose Of the claim OF the by
saying that the proof that they paid in Liverpool
for their service on board which they received in
full OF all eher demands IS clear They were intelligent
men and knew what they were about when they
ceped this payment as IN full, and | must hold any
claim they may have had to have been satisfied by this
payment There remains the demand OF Burke. The
position Of this board the brig described by
himself 10 somewhat anomalous and do not consider Il
clear that he DO considered been passenger
within the meaning Of the maritime law applied 20
passengers IN cases q salvage 10 the case Of Law
Times K VOL is, 33l held by Dr. Lushington that
person very similarly situated not passenger
seaman but anondescript THIS question Is however,
In any aspect where salvage can awarded
TO him. Il will be observed that the hbelant does
CURED any personal risk or display cd any extraordinary
ability; but his demand s based upon the fact he
claims II TO have been, that he assumed the extraord
nary responsibility Of everything the actual master Of the
vessel and Of putting himself the head OF the Con-
sul's and carrying the vessel into Liverpool with
out the direction and contrary 10 the wishes Of her
That the bellant did this is sturdiy denied by the
Italian master and crew; but II he did cannot, under
facts Of this case endorse his such an ex-
tent TO award him . salvage compensation therefor.
This vessel had suffered no injury ON stress Of weather
The allegation that she was short Of or water
IL not sustained by the proofs Her master and
in good health, sufficient number for the
ordinary crew OF such vessel and although their
factory to most American sesmen they were competent
after their fashion and In their own time to complete
their voyage. Is therefore NOT case where the ex-
traordinary remedy which the nbeant claims to have
resorted necessary for the salvation the vessel
II must b. strong case clearly proved which would
justify court In commanding by salvage award The
mption Of aushonly and such responsibility
The interests OF commerce. which the foundation OF
OF shp Who has been entrusted 81 n. 20
charge Of their property and who is rcsponsoe 10 them
for lis safe return, shall continue In command long
He mag call savors to his aid, but he 10 be
superseded whao II SEQ only as . last resort in a
the case may mot arise where i MIGHT be the duly OF
passenger seaman or any other competent person
present TO override the master and change the destns
ton Of vessel against his wishes nor do say that
the due assumption OF such responsibility would not
be good ground for awarding salvage compensation.
But ap1hend that case far stronger than the present
one must be made justify such award whether
70 person who did or did not eve duty 10 HE ship
shall Therefore rstsc; the iiSsan.s claim 70 recover
noticed feature In the defence which regret much 70
have seem slluds 70 the condition Of the brg's log
sssn that this log has been tampcsed with BY the
master mate, both; parts erased, parts wnten In
since the occurrence Of the transactions purporting 70
be related Such . circumstance might well justify
court in rejecting. without ceremony, not only The
sons who attempt 70 impose upon The
court; and, In . different case from ths present,
might have ensured defeat 70 the camans The master
10 part owner Of shs brig and the mate his brother
In the abssncs Of any other way Of marking my dsap-
prevail Of such msconduct shall render In this case
decree similar 70 one rendered BY Dr. LushIngon for
different reason the salvage case 81 the Roseen IN
l. c., vol I, p 220L and while award no sum 70 the
lbellant - salvage, shall condemn the ve0s 70 pay the
costs Of this action.