The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1885-02-02
THE CHARLES H. wOLsTON UAsI
How southern Justice is Administered.


(bAtu Ilmcs.J
On the 9th Of June last, the Bath schooner
Charles Fl. Wolston arrived off Jacksonville
bar, having had a remarkably quick passage Of
six days from Bath, being laden with bricks
and hay for Palakta, Fla. She was boarded
outside by the pilot, who assured Capt. Hinck-
ley, there was sufficient water and q suitable
chance to cross the bar. Capt. Hinckley told
him If there was any doubt he did not wish to
try, but the pilot told him three other vessels
had just crossed all right and there would be
no trouble. The pilot proved to be utterly in
competent got out Of the channel, putting the
vessel on the bar hard and fast.
The tug boat business in Jacksonville Is a
monopoly, and this monopoly controls Sayan-
nah and Fernandina lines also, therefore no
boats were available promptly except those on
the spot. The only condition on which s. En-
gle, who owned the boats, would touch the
vessel, was that his compensation should be
left to arbitration. A large crew OF men and
steam pump was employed and the vessel
kept free after the sea subsided with the aid of
the vessels pumps. The cargo was discharged,
but was utterly ruined, the hay wet with salt
water and filed with sand and the bricks so
badly broken by the pounding OF the vessel on
the bar that contract made to save them at
80 per cent. salvage was thrown up as losing
OpoEhtlOu. dlL6f QlbCuhERlQk Ln0 cargo Out
little difficulty was experienced in putting the
vessel off into the channel and she was at once
towed to Jacksonville, where she sank at the
wharf.
After tedious delay the two arbitrators on
the part of the salvors were appointed, being
cooked" for the affair, and keeping back
decision until the vessel was on the railway,
and Notwithstanding the protest Of the vessels
arbitrator, the other two rendered their verdict
for 90 per cent on S14, 200, or $1,000. To this
the owner objected. The award was out OF
reason and this excessive percentage is never
given except in cases of great danger to life
and property or total abandonment at sea.
Neither Of these exigencies occurred. The
weather was fine; no loss of life; no danger tc
either life or property, and while not engaged
on the Wolston the boats were performing
their usual vocation Of towing vessels in and
over the bar. An offer was made Of $500 in
cash and declined. The vessel was at once Ii
beled for 0,500, throwing the case into the
United States District 0ourt presided over by
Thomas Settle. Every obstacle to an imme-
diate trial, every influence that could be
brought to bear, was exerted by liDellant to
prevent il.
Finally, after weary months waiting for the
Judge, he appointed master TO take the testi-
mony. Then more and more delay BY libel.
liant. his witnesses were not available, and
many other like excuses; but as all things
have an ending, the Judge finally concluded
to give few moments to the case, and as he
was deslrous OF going to Savannah, he could
not stop to give 1t as much consideration as he
would like, and the case which had occupied
some three months in getting the testimony
taken before the master, he disposed OF il in
very short metre. There were some 200 closely
printed pages of evidence, and the vessels
case was SO strong and favorable the libellant
endeavored TO reopen the case for the intro
duction OF more evidence, and he had already
been detected coaching new witnesses by read
ing to them the testimony Of previous ones.
The Judge complained of the length OF the
testimony, and Of the one and one-half hour
occupied by defendants counsel, said he could
decide as well without any argument but
found no fault with the libellant's counsel for
length OF his argument.
He cut short defendants argument and dis
posed OF the case. That morning in friendly
conversationIthe libellant's counsel stated to
the Judge, he would accept 5000 or $500,
and thought defendants would pay it, and act
ing upon this limit, he rendered his decision
for Ibellant $500, throwing ALI costs, some
III 300 upon the defendants. II would be diff
cult to find a more outrageous decision as IL
was with total disregard of the evidence, and
without doubt was done to convey favor with
his heretofore political opponents, in view Of
the last election. The owners voted at their
meeting ito levy an assessment upon them
selves for sufficient amount to pay her bills
and took the vessel away from Jacksonville
and try to avoid rotten courts in that locality
in future" The vessel has sailed for Balti-
more, and the agent Friday paid a draft
from Jacksonville for judgment and costs Of
Sc $780,