The New York herald., 1877-09-01
ABANDONED BARK.
THE MASTER OF THE BERTHE EFT MARIE
CHARGED WITH FIRING her AT SEA

STRONG EVIDENCE OF cRIMNALIrY.
A special naval court has been In session for the
past week at the ONCE OF tho British Consul General
engaged In trying case OF more than ordinary inter-
and importance to shipping and commercial agents,
The court composed OF three members-E. N.
Archibald, British Consul; william Rice Courtney
Of the bark Inverness, OF London and George
D. spicer. master OF the bark J. 7. Whitney, OF Nova
Scotia Tho court was assembled to inquire into the
circumstances connected with the abandonment At
on the 22d July of the bark Berthe ct Marie Of
Kingston, Jamaica, while her voyage from Port
Prince to Falmouth with valuable cargo OF ma
hogany, rum and West India spices.
MsssrG MacKe Son, the agents OF Lloyd Co.
this port, attended the court behalf of tho
derwrtera Tho case, presented TO the Court, was
that Captain Del Fosse, the master Of the
vessel had started from Port Prince knowing that
his vessel not seaworthy, and that when in mid
he allowed be halt filled with water, aud
that he deliberately are for the supposed
purpose of obtaining u reward for himself and to OBJ
tain the insurance for the owners Of the vessel
THE ABANDONMENT
The vessel left Port u Prince the Goth OF June
last, the numbering eleven hands, including the
master, mate cook and steward and was supposed 10
first order The clearance papers show that
she was overloaded Captain Del Fosse before
leaving port stated that she had full suits Of sais
but the testimony the mate shows that she had only
portion Of second suit All went well up to the
Fourth of July when the vessel had proceeded as far
Mague, where she was struck by storm while
coming to anchor and her maintopgaant yard was
carried away. The vessel then put into jamaica Bay
Castle Island where sho remained for lvo days
for the ostensble purpose OF repairing the damage
dono, and providing new topaallant yard. The work
done hastily, aud, as some OF The seamen
mperectly. On the 1l'h Of July she put out to sea
again and the following day the first mate
to the captain that she leaking 20 such extent
to nccessitate all naads beng placed at the pumps
Tho mon worked hard Tor four hours. but the
water gaaed rapidly upon them. At this tlmo they
far from land aud could have easily put
port For the next three days the ,soundngs showed
no unusual amount OF water in the hold but on
tho vessel was drawing very freely and had
three feet IN the hold Both watches we're again called
to tho pump and worked all night, but the follow
ing morning II was apparent that the depth OF
IN the hold was increasing st tho ratio OF Elk seven
inches per hour On the 10Th of July she found 10
be making nineteen inches OF water per hour, and
the men were utterly welrled. she was put about for
the purpose Of making American port north Hat.
teras. Very little headway was made, ever and
early ON the morning OF the 22d OF July she
Captain Del Fosse gave orders to launch the bpats.
THIS was ABOUT oGe hundred and twenty miles from
the nearest land. Tho male with hvc OF the seamen,
lett III the longboat, which was uj provisioncd and
followed about an hour alter Xerd by the Captain
and the balance OF tho crew IN unother boat The
steering northwest, but during the next night they
separated. The boat continuing the Captain and
his portion oi the crew reached Now York safely three
days alterward. The longboat picked up by tho
bark Rio the 23d oi July, and her taken 10
Doboy. Ga, from which point they came to New
York.
This portion Of the story is corroborated by ~ Victor
Duzant the mate OF the vessel and by all OF tho
at present this CITY, wiIh the exception OF
named Rookie De Costa, whose statements are
Trajectory that the Court deemed them worthy oil little
credence II also forms the defence OF Captain Del
FOsse against the serious charges which made
against him.
The principal witness against the Captain produced
at the instance Of the agents of Lloyds alexander
Douglass, resides at No. 2l9 Rutedge street,
Williamsburg He testified that ON the 27tn OF July
Captain Del Posse to his Office at Burlng slip, and
narrales what took place as follows
When the captain came IN noticed that he had
clothes and said, Why captain, you have got on
a new SUIT of cothess" He answered. ~ have, and
lose herP" He laughed ana said ~ got pretty well
paid for It." said. You have sot paid for i, EN-;
that enough s'' said a don't know whether Il s
enough or not; you ought TO know" He then asked
said, go on und state wsat you have done to her .
H nln the FIRST place he sad' when ieit Port a..
Prince my vessel was = In IA leasy dy oondi"oa and
far as tho Bahama Islands and there |
hxed up the I rggns "n Ha;s BIT wand and wen. mt on
leaking badly, lett her fixed my men all right and
then put thom in the boats and pulled or Then to
make things sure went TO the vessel again and
In puncheons OF rum, and got all the oil
could lind In tho vessel and saturated the deck and
sot ner on fire. then went and opened the stern
lights TO make sure thing oil her. Then we left her,
and STOOD of Tor three four hours to sec her burn
waited until saw her mssts tail and that was enough
t0 satisfy ne"
rho witness continued that just at this point be
ticed that his William Douglass had entered tho
tlce and that the Captain noticing this at
stopped, and when the intrudcr had withdrawn asked
the question: 'Do you tn,nk he heard What | sadY
Tho Captain also showed MIN Bank OF England note
OF the value f500 which he SAID part OF his pay
for the transacton the same evening his son told MN
that no had overhe rd part OF the conversation, and
told hun that II was his duty TO report tho matter 10
The authorities he hestated about doing so but finally
communicated with Captain Bracket, OF the United
States Service and with Messrs Mackie Son,
Lloyd agents.
ormKR TESTIMONY AND THE DECISION
William Douglass, the oil this witness, corrobo-
rates his iathers statements and states that he dis
tnctly heard the Captain State that he fred tho Ship
AT the first examination Rookie Do Costa spaniard,
who was on board The vessel, stated that he the
Captain the vessel after hc had left her, and
and that soon after she was ON nre On second ex-
animation, however, he denied knowing that such
the case and made the excuse that he was drunk and
did not know what he was saying.
vsso and the other seamen swear positively that the
captain aud hs portion OF tho crow left the vessel
within half hour after the long boat, and did not
return to vessel. Captain Del also produced
long string OF credentials from shipowners aud
chants to his reliability In the past. He has been
shipmaster Tor nineteen years und boon universally
trusted
a charge II would have to be criminal one and that
il British vessel and the captain
British subject 1t would have to be conducted
on British soil They delivered lengthy
opinion recng the above lacts, conclude by say
ing :"rhe investigation OF This matter has been pro-
tracted IN consequence allegations brought during
the OF it that the ship and cargo had been de-
stroycd by the master ny setting tire to her at the
time OF her aba donment. This testimony has been
made the ground u criminal charge against the mus
ter and depositons taken the prescribed by
the Merchant shipping act, Tor transmission to Her
to abstain from the expression OF opinion TO the
criminality Of the MASTER"
THE SWEENEY MUTINY.