The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-03-14
SUPREME couaT-CIaCuIT-PART 3.
The Case Of the Worm Eaten Ship j. r. Chap
mnn-Cenclusion Of the Trinl-verdict for the
Defendants.

The Case OF the Worm Eaten Ship j. II. Chap.
mnn-Conclusion or the Trinl-verdict for the
Defendants.
Before Judge Sutherland.
Joshua Atkins e. al rs James W. Elaceu ct al.-This
action brought for trial last week in this court
and the plaintiffs and defendants are well known ship
ping merchants in this city
The plaintiffs charged the defendants with fraudulent
representations to them, in March, 1862 the sound
of the ship r. Chapman that date sold 10 them
for $42 500 and claimed their damages account
Of the alleged representations, the sum or $4,000
The defendants denied ever having made any false or
fraudulent representations whatever to the ship Tho
principal witnesses for the plaintiffs tho plain
tits themselves Messrs. Joshua Atkins and Edwin At
kins.
The principal witnesses for the defence wero the
broker, Mr.. Kelley who sold the ship, James W. Elwcll
OF the ship appeared in evidence that the ship f.
Chapman was built at Thomason, Maine, in 1855;
o. osS tons register was rated at the time Of the sale
and examined on a special survey By the 1merI.
can Lloyds ut the time they rated her She into
this port December 90, 1862; was recaulked and cop
pered in January, 1858, by Messrs Roosevelt Grifh
Negotiations for the purchase OF her were commenced
by the Messrs Atkins in December 1862 but were not
completed until the middle OF March, 1853
The ship remained here until January IS $685. when
she sailed government charter on the Banks cxpe-
dition. Tho plaintiffs had q month TO examine her
Of s &c hen
had report about her from one OF their own captains
named white x and finally purchased her on March a.
the purchaser to pay the outfits The PLANTING nego-
tatons 10 the purchase wholly with broker
except two OF ten m nutes each-One In February and
one in March, lS65-with Mr. Elwell Al these inter-
views they requested Mr. Ewcll TO guarantee ccndi
ton OF the sbip and no refused stating them that he
had never been board OF the ship and only knew her
condition from tho certificates Of the surveys which had
been shown to the plaintiffs that he himself owned only
small interest and the ehip's husband, and did
not wish to SELL though he would not stand In the way
ont if plaintiffs purchesed her then must take her es
she stood Elwe asked $4,000 for the ship, but on
March "a through the broker she was finally purchased
Tor $42, 500.
She arrived in this port March 81 1858 The plaintiffs
took possession Of her at paid for her some time
they bought in her; rechartercd her Immediately for
san Francisco for S25 100 and insured her for $50
as first class Ship at the most favorable rates. She
sailed this voyage the 2lst OF May, 1868, and
met with month Of hurricanes, violent storms
ner sails rigging yards aud masts but ner hun being
very strong and tight she put back to Rio lay there
hundred days repairing she then proceeded TO San
Francisco, delivered her cargo good condition,
ceived her SIS, 100 freight money, went to Callao,
thence 10 the thinchas; lay there three MONTHS took
twerp, arrived there in June, 1865 delivered this
in good condition, received her freight money
ped OF her copper from twenty down twelve feet
draft ms all ragged and worn out chartered for
board full cargo Of light goods and passengers arrived
at New York the last OF september, 1865 delivered her
and passengers in good condition. and received her
nre hundred pounds sterling freight money
On examination the ship then October. 1861, proved
10 have eight foot streak around her running from
u to 20 feet draft where this copper had been
and stripped on SO badly wormed that the streak
required reranking and she also then required
a whole suit OF new copper. The cost OF the
claimed So 900 for months dcmurrage in October and
November, 1853, while repairing; making claim Of
SIS, 600 in ALL
The inspector OF the Atlantic Marine Insurance Com
pany testified that he discovered worm holes In her
while she was being coppered In January 1853.
The Inspectors OF the Washington aud OF the Union
Of the New York Mutual and Of the American
Ilovds, all testified that they examined her
while she was being ccppcred in January, 1868,
and found wormholes indications OF any aud
hat ship worned this proved TO b. In 0c
tober, 1855, would have been totally unseaworhy:
would not have held her copper, and could not
dured the month Of terrific storms that she sub
ected to on cape Horn in 1868, six months after they
Mr. Poillon, shipbullder, testified that worms would
cat ships as badly as this was eaten In two months after
they commenced operations IN tropical and wormy |
waters infested with these and tho
the climate the dangerous and destructive tho
WORMS were likely 10 be. Tho captain OF /
1858, and The carpenter, who cauked and |
cOppered her, both testified that at that time |
sue was SQUAD free fron worms, and perfectly sea-
worthy, aud that u wormod 10 1858. she In 1885,
when they cauiked her, the planks would not have |
stood too cauking without crushing at the The
PLAINTIFF as witnesses IN their behalf testified that
~ the interviews with Mr. Eweil purchase
he represented the sp be perfectly sound and nrs
rate ship Ia every particular, and that Mr. Kelley the
broker was present when these representations were
made Mr. Elwe testified that he made no such repre-
but refused 10 condition. and
told them be had never been aboard Of her Mr. Kelley
the broker, corrcborated " Eeell
The principal question for the jury was whether they
should believe the pairtis the defendants version
II what took place at those Interviews
Yesterday morning they rendered their verdict for the
defendants. and tire court granted allowances In favor
Il Tho defendants OF 5000