The Morning herald., 1876-02-19
! U. 8. COURT
JUDGE BRADEoRD's DECISION IN THE rIsz

JUDGE BRADFoRD's DEc1sIoN IN THE rIez
ADMIRALTY cAsE-THE POINTS OF THH
CASE, &c. 'f DOW. &qqG =
In the U. s. Court. on Friday, Judge
Bradford delivered his opinion in the ad-
mirslty case Of VIM. Tice ct. al. ~ the:
schooner Gen. Levi Harris. The points
of the case are as follows: ii, togs.
The schooner Gen. Levi Harris. which
parties in Kent County, Del, was strcuk
by a sauall on the morning OF June 3Oth,
1875, about three miles of the Synepux-
ent beach. while bound from New York
to Stockton, Md. BY the sudden blow
the foremost was wrung out Of the step
ping and some damage done the rigging.
The crew dropped anchor and made
fast, and after waiting about two hours
for the squall to subside, went ashore il
yawl boat for the purpose of securing
assistance, in order to right the mast,
They procured help at Ocean City. and
returned in surf boat as soon as pos
sible, but found the vessel gone. n TrI- y
In the meantime the schooner Wan.
Tice, Of Bristol, Pa, had passed the Hdr-
,is, and noticed her condition. The crew
boarded tie injured vessel, hove up tha
anchor and towed her away. The crew
Of the Harris following in their surf boat
signalling the Iice to step, but their sig
nails were not responded to, and they
gave up the pursuit. ~
The Tce towed the Harris to New Cas-.
tle, Del, and libelled her for salvage,
claiming $1,000. The owners Of the Har-
ris objected to this charge. and allowed
the case to 90 into the U. s. Dictriet.
Court, where il was duly heard and
arr ned.
The libellants claimed that the Ha-vis
was exposed to marine peril, Ind that
unless she had been relieved the broken
mast would have chafed a hole through
the bottom and sunk the boat. They
admitted, however, that they did moth
ing in the way Of repairing the damage
until the next day at noon. They also
claimed that the Harris was drifting to
sea at the rate of three miles per hour,
but admitted that they hove the anchor
and leased the moorlngs with considera-
BILE difficulty. 5b .-rt. y7., Lo-!J :,
The respondents, in opposition, denied
the peril, and claimed that the Harris
was safely moored in we'll known anchor
ing grounds, within easy distance Of
land. They claimed that the absence
o. the crew was only Temporary. and
that the circumstances of the case were
not such as to warrant the seizure and
removal Of the vessel. Also, that the
conduct Of the 1icss crew while In
charge of the Hay7is was such as to war
rant forfeiture, under the laws OF ad.
miralty, Of all claims for lneritorioup
service; as by their own admission they
appropriated 10 their use the clothing Of
the crew of the Harris, and portions of
the vessels cargo. .,aE auom
Whitsley and Gray for libellants; Har-
rington and Hoteckai for respondents.
Judge Bradford,in his opinion declined
to strike out the amended answer on the
proof Of any facts tending to show q con-
spiracy, speculation or other misconduct
by the Nce crew and as he did not CON.
slider that proof sufficient TO convict the
crew with the conspiracy. He held the
declarations of Clark zone of Tices crew J
to be evidence only against himself, and
rs sufficient to forfeit his share OF any
allowance. He considered fully and clear.
" the nature of the peril to which the
Harris was, exposed, the degree Of merit
Of the services by the Tice crew, and the
rules Of law regulating salvage ava, Dc.
He allowed 500, that am ,unt leing
made OF two elements, to wit 800 for
loss Of tine, and $500 for services in res
cuing. the Harris from peril. The full
award was di ,tributed af follows .
One.third TO owners Of the 1Ice 3. 1888 %
"G "aof balance to Captain Of 10 iH
! the Nce,..:....,.... .........,.,;..:., l55 5e
One-third Of balance over to each '2l VI
Cf0W..... ......a 81. 21S u
Clerks share, forfeited 70 the ~,.,,
owners Of the Harris. ....,.... g q
~ II bN pa pI .'ti INV SGJlu7E --.lA-
Total, ..s..,...::.. .o... ~. s700p0
After the rendering of tie decision. the
Court adjour.ed. " # M" H'.' NJ