The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-27
A D N ! r Atty.
Abandonment of Vessel by
the Crew.
Responsibility VI the Owners OF Tug
boats What Constitutes o Lien.

novel question In admiralty practice came UP veg
to-day before Judge Blachfori In the United states
District Court In the matter OF Tapscott owner or
the ship Perseverance, vs the steamtug starbuck.
The opening portion OF this case briefly re,
ported In the HERALD Of yesterday.
HISTORY OF Tue CASE.
In the month OF June, 1864, tho ship Perseverance,
was bound from New York to Liverpool. she had
on board crew or eighteen men, inc udng the mate
and cook. She or Bedl0es Island, and while
there IL Ia claimed that the StarDuck, which had
been employed In towing mud scows from Red Hook
Point to the dumping ground at Jersey Flats, In
duced eight OF the men on board the Perseverance,
10 leave. They came on board the tug and were
landed at Red Hook Point. The libellant al
leges that by this proceeding tho Perseverance
was delayed on her voyage, that She
lost the advances made TO the eight men In question,
and that she had 90 incur additional cost by sup
plying their places. The answer OF the respondent
is that the Starbuck held out no inducenent what
ever to the to leave the Perseverance,. and that
the starbuck, being In charge Of her pilot, George
Brazer-the captain, NILS not being on board-hc
had no authority to take passengers, ana was not
paid for the conveyance OF the men TO Red HOOK
Point, The llbeant lays his damages at $4,000. As
the question Is quite new one, VIC report the mat
ter pretty fully.
The case was resumed yesterday at the opening Of
the court, MI. Erastus Benedict and Mr.. Robert
Benedict appearing as counsel for the bellant, and
Mr.. c. Donohoe anu Mr.. W. r. Deebe for the claim
ants. s.+ ~~fe
49, THE TESTIMONY
A witness named Meade deposed that he was on
board the Perseverance "a one of the hands on the
occasion In question; he saw the Starbuck; the men
on board the Perseverance who left her nallooed To
the Sarbnck and they hallooed some time before she
seemed to turn towards tho ship; she did not turn
until the men waved their caps; the mate or the yes
sci hailed and told the tug not to come alongside;
the tug was about half O mile on when ne nrst
noticed hor coming towards the ship; the officers OIL
the ship wanted to hoist the police flag. In order 10
attract the notice OF tho river police; witness was
| goin. to the cabin to get the dag, but the men
threatened him with knife If he would
| raise IT, and as the carpenter Of the shp
| was in the act OF raising the nag he
was Knocked down. but the witness stated that he
did not see him Knocked down, nor did ne hear aim
threatened with the knife; witness diu NOT raise
had threatened hls life; heard the mate OF the ship
say, TO the best Of his knowledge, that the tug had
no business to take the men on board aud thai 6he
would have to pay for it.: this was said when the
tug was about ships length or; some OF the men
the too she proceeded on to New YORK. in the dlrec
tlon OF the battery; could not say now many men
thinks six, seven or eight; one OF the mea called
IRON the ship that II the tug came alongside anu
took or the men lhey would pay mem Wen; ne
| wards the stern OF the ships she had mad scow
In tow, empty.
! Cross.examlned-I am not In any ship now; | ant
a longshorcmsn OF present; never Was Ia the Per-
severance before this voyage; shipped Ia ler ~
Liverpool; when the mate OF the ship hailed the tug
anu tod her not 10 take the men he was standing
alongside the wheel, close TO the wheel; ne was Oh
the poop; he hailed the steamboat and told ner not
TO come alongside; could not say when these men
came on board; could not tell the time they lett on
the tug; II may have been IN the afternoon; wnen
I hat IN l..
heard another hail when she came alongside.
Re-d,rect-somo time next day men to supply the
places OF the men who had lett came on board, as
the vessel could not go to sea sbortrhanded.
TESTIMONY or FREDERICK HA3ER.
| Frederick l.. Ha2er deposed that no shipped the
crew or the INSTRUMENTATION able seanen and
mate ami cook, eighteen Ill all; the men were
with them-,ook them on board: he paid then|
ninetS-five dollars piece he knew nothing OF theI
eight men leaving the ship on'y taaS soon a.sI|
ether had TO be shipped to supply their places
and they were paid ninety-dTe dollars piece. !
On cross examination the witness stated be haf |
never been arrested for perjury. st ~taf'
THE DErENcE-1 EsTtaosY OF ME. MILLS.
Mr.. MILLS who had been part owner OF The Star
! buck In June, 1884 deposed That the pilot OF tn
starbuck at that time was George Brazier; the tut
she was employed in towing; George Brazier mad n
authority on the tug beyond the business Of 10 VIM
that witness knew o., and he had no directions az
pressed or Implied, from witness 10 take these mel
| ashore.
| TESTIMONY OF GEORGE BRAzIEB.
George Brazier. the pilot OF the Starbuck state.
That In June, 1864, as he was towing mud scoW ID
the Jersey fats, he saw the perseverance, which wa
10 his destination lie had 10 pass withiir Hfiy 81
seyenty-nve feet OF the ships stern; lie got hal
from the snip; IL came from the port side from IN.
AFT or main rigging; The hail was II, when he wal
coming back, he would take man ashore; he re
Pied that he would II IT would be any accommoda
ton TO him; when he came back he was in the pilot
houses lie came alongside the Ship and four or fy1
men jumped from her on board the tug; after theI
got on board they asked him where he was gong
ne SAID TO Red HOOK ana they said that would do
no hail came from Inc ship at all at that time
he was NOT alongside more than thirty mn
ntcs; he did not stop the Roadway OF tic
Tug ~ az; did not hear any han fron
ing to the hats with Inc scow took The men TO Ro
Hook, and they landed there; got no pay for carry
Ing them; did not hear any one say from the shfl
mat II he took the men he would be well paid heo I'd
no one tell him mol to come alongside; did not know
whether the snip was DO nd in or out.
THE CLosE-DECisloN RESERVED.
on both sides.
The Judge reserved Ills decision.
ACTION FOR sEAMANs WAGES.
-, hd,cord Ke!nschnsdt rs. The Snip George Green
his wages on the 10th Of June 1852 be sippe
on BOARD the vessel as seaman. and signed art
on csS at vo s '0h T. New ssgce , to
Channel, tho Chinese Seas, and back TO Ind
United states, and he claims that he was to be paid
~ tle rate or $50 month In gold. lie received
S52 30 and sues for the balance ss5. He completed
s,s s voyage s, as fer as singapore where he
officers OF the SHIP, who fed hum on water and bis
cuts, III used him ana threatened to take his life
ne had 10 make his way back to tue United state,
rom singapore IN the best way he could. lie Claims
also, tnat the shipping articles have been mproperl
ALTERED so as to MAKE 1t appear mat his monthly
wages We're TO he but $40 per month. The responl
dents admit that the llbellant signed the articles bu
aliege that he was to receive only SIS per month
and besides that he was Insubordlnate and negli
gent ana Incapable Of performing the dut.es Of on
able seaman.
The case Is still at hearing.
AR. Denis Mcmahon Jr., for the lipelant; Mr. X
d. Bcnedct for the respondent.
TIE WEEKLY HERALD.
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