The daily gazette., 1876-02-18
FOURTH EDITION
L. s. COURT.


JUDGE BRADFoRD's DECISION IN THE ricE
ADMIRALTY CASE THE POINTS or THy
CASE, &c.
In the U. S. Court. this morning, Judge
Bradford delivered his opinion in the ad-
miralty case of YIN. Tice ct. al, as. the
schooner Gen. Leui Harris. The points
of the case are as follows:
The schooner Gen. Leri Harris. which
is coastwise trading vessel, owned by
parties in Kent County, Del, was strcuk
by squall on the morning of June 3Oth.
1875, about three miles off the Synepu4-
ent beach, while bound from New York
| to Stockton, Md. By the sudden blow
the foremast 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 in
yawl boat for the purpose of securing
assistance, in order to right the mast.
They procured help at Ocean City, and
returned in a surf boat as soon as pos
sible, but found The vessel gone.
In the meantime the schooner WDt
1ice, of Bristol, Pa, had passed the Har-
1'iS, and noticed her condition. The crew
boarded tie injured vessel, hove up the
anchor'and towed her away. The crew
of the Harris following in their surf boat
signalling the Iice to stop, but their sig
mails were not responded to, and they
gave up the pursuit.
The Tice towed the Harris to New Cas-
tie, Del, and Iibelled her for salvage.
claiming $1,000. The owners of the Haf-
ris objected to this charge. and allowed
the case to go into the U. S. Dictrict
Court, where il was duly heard and
arf ued.
The hbellants claimed that the Ha,-.i-,
was exposed to marine peril, and 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
but admitted that they hove the anchor
and leased the moorings with considera-
BILE difficulty.
The respondents, in opposition, denied
the peril, and claimed that the HdI1-ls
was safely moored in well 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
| COnuuCU VI IUe lice crew WEllP III
charge of the Harris was such as to war
rant forfeiture, under the laws of ad
miralty, of all claims for meritorious
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.
Whiteley and Gray for ibellants; Har-
rington and Hofecker for respondents
Judge Bradford in his opinion declined
to strike out the amended answer on the
proof of any facts tending to show con-
spiracy, speculation or other misconduct
by the Tice 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 Tice's crew
to be evidence only against himself, and
as sufficient to forfeit his share of any
allowance. He considered fully and clear
| lly the nature of the peril to which the
Harris was exposed, the degree of merit
of the services by the Ttce crew, and the
rules of law regulating salvage awards
He allowed $500. that amount being
made of two elements, to wit: $4OO fol
loss of time, and $500 for services in res
cuing the Harris from peril. The full
award was distributed af follows:
One-third to owners of the Tice.. 1898 81
of balance to Captain of
Uuo ItCS.'''s', 1oo "
One third Of balance over to each
crew............,...........,........-.,.. 24s 8.
Clerks share, forfeited 20 the
owners of the HarriS................ 62 2.
Total. al...,...........................S 800 o.
After the rendering of the decision, ,th'
Court adjourned.
when the swallows homeward fly
then is the time when coughs and cold
begin to appear. DR.. Bulls Cougl