The New York herald., 1876-02-10
1876, 737, 775.
A Maritime Romance in the
Law Courts.
Burned at Sea by the Rebel
Cruiser Alabama,
w.snlraror. Fob Z. 1875.

WAsmNGroy Feb 7, 1870
The Court OF Commissioners Of Alabama Claims Will
shortly render a decision IN the suit, OF raher the
three suits involved the cases numbered 1896 7S7
and IT'S on docket oth Court the question at issue
in which is whether the United States shall reimburse
the plaintiffs in these for the losses they suffered
nv the esructon al sea by IRE Of the American bark
Texan Star al the OF the rebel Admiral Semmes
who made tho capture with the famous cruiser Ala
hama in tie Indian Ocean the Gath OF December,
1865 The plaintiffs who are the executrix OF the
deceased captain and the Of the vessel and OF
the cargo, present Their as follows
Under date Of July g. 1863 Captain Pike, who
then in The neehborhood OF Calcutta with the Texan
Star advised by the managing owners Of the
sci, Samuel Stevens h Co., OF Boston, that nfor-
nation gained in Europe they believed that at least
ono Of the nsurgent cruisers was on It's way 10 East
India waters, and that therefore The American Gag
would become comparatively yalueless as = pro
lection property in those waters and they accord
ingy ADVISED placing the ship under the British flag
any other flag hoping thereby protect their prop
erty. In the letter they he owners instructed
the Captain 10 the process by which this change
could be effected The process given Is that has
been frequently used il previous by the citizens
oftwo ben,cerents and used TO considerable ex-
both sides during the war Of the rebellion, and
always is an attempt by pretended transfer, TO de-
ceve the enemy, and thus save properly rom belhg
destroyed by him
on The llih OF November in the same year Captain
Pike made the port Of Aaulmain and found pane
among American ships account OF the depredalions
OF the Alabama, and soon after the mail brought WORD
OF the burning Of the ships Winged Racer and Amanda
near Sunda Slfat Accordingly Captain Plke went 10
the office Of NJ r Currie Co. merchants Of the
town, being accompanied and introduced by the Amer
ican Consul M william Brooks, and an agreement
was made by which The Texan Star was conveyed by
formal bill OF sale Mark Rddell Curre for consid
Grafton Of 10 600 rupees, be In return giving Captain
Tke and the owners mortgage bond Tor So goo rupees
power o! attorney giving them the entire con
troll Of the vessel which under the British Tag,
10 be the kartahan, OF haulmain.
The bark sailed from Nauman on the 10Th, and was
Overhauled aud burned by the Alabama. with every
thing board when within few hours sail Of Singa
IA seems that the rebel Admiral was not 70 be de.
coved by the alleged OF the owners OF the vessel
TO change her flag without changing her ownership.
The boarding ofoer on the Alabama suspicious Of
the character Of the Aaraban, and sent Tor hs supe
officer
Admral sommes at once went on board himself;
the CABIN and demanded to see his papers.
Captain Pike handed him The register After looking
papers minute he turned TO the Captain and
said, IL not to be humbuRged by any sham papers
You ought have this that and the other" meaning
some papers which the Captain does not now remem-
bcr and sand he should burn the vessel
In Semmes Journal II appears that Captain Pike
was examined by Semmes as follows
''ll stated present Brthsh Register that Mr
Mark Currie Is the owneff"
That is as understand IT.
''Do you state upon your oath that the sale was
bona hdt saefN
~ dc not state that "
''Do you not know that II is intended merely as a
cover 10 prevent captuTer"
''YeS. dc know IL -
The journal adds This closed the matter; nothing
necessary"
Under saoh = state OF facts, the complanants come
10 Court and ask 70 be indemned for the direct
injury caused them by the burning OF this vessel
For the government IL is claimed that Captain Pike,
who was 3 part owner. vested by all the
with full authority TO and did make sale OF the ship 10
Mark Ridden Currie, British subject, resident in
Mailman for the sum OF TO- 600 rupees, and the
day executed and delivered TO said Currie bill
OF sale regular form therefor. On the next day, the
10Th Of December certncate OF British registry was
issued with the usual formates, IN the name OF said
Currie On the llth OF December said Cur
re executed a paper writing purportng TO be mort
gage the sand ship and appurtenanocs TO iho com
plainants 10 them, according to the terms
therrof the payment OF the gross sum Of So 600
rupees money loaned with interest at the rate Of i've
per cent the 10Th day Of June then next
Prior 10 the sale and pretended mortgage Aforesaid
10 wit or the 18th November ls63-a charter party
was executed the said Samuel d. Pike master
and enc Abraham Cohen, also resident OF Maulmain
and never citizen resident OF the United States for
the loading and conveyance OF cargo Of rce from the
kaid port Of haumaIn 70 Singapore and the right de-
livery thereof at the latter port payment Of one
rupee and four per bag OF two maunds equal to
164 pounds Amer the said cargo had been placed
on board the sale and transfer to said Curre were
made, manner as above mentioned, with the appro-
val cooperation Of The said Cohen, be paying one
half the expense thereof
ON the l2th December 1868 the said ship under the
name Of the MartabAn, and duly documented as Brit
ship proceeded to sea and prosecuted her voyage
without important incident until the oath OF the same
month when she encountered and destroyed by
the Alabama Al the time of her destruction she
pursuing voyage under the British nag and pass.
her captain had duly qualified as British commander,
and all lntents and purposes navigating said ship
= a British ship
The foregoing claims against tho United States for
Ne value OF the ship, freight and masters private
property made the theory that the transfer OF
the said shp not bona Gde but merely colorado
and colusve with view 10 prevent her destruction
by the Alabama ON the other hard II is respectfully
submitted that all said claims should be rejected under
the operation OF The limitation upon the powers or this
nj n d
23d Of June. 1874. and expressed as iollows:-"No
claim shall be admissible allowed by said Court aris
ing favor Of any person not entitled AZ the time OF
bs loss 70 the protection Of the United states The
premiseR"
SHALLOW REASONING OR POOR