The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-04-27

had hoped 70 feassz<. ed ne mes
sxaere1 him 10 1eod them Gxsys 81
for - tixe desisked srp3 their e4ofn - -
tsru = - aAsp Later. and ~ bsfoss ne ~
pfssxson ~ thesr sprsy eight houu sesss os -
seisne, sheg SO Ire eap<aIn co1se ashors ana
ea3easoss1 - speak 70 hIrz. ard he 80 them
and kneu thai fhxT were ensssaso<tnx % y
wffhts speAhtns esExsnoe. bss ~ sss'sed shen
by dudeing lnsp prssase o4see snd remaining
there seax sSzze. wk5sc he kreg thss fse5 wsse
respectfully waiting oasssde. The libelis1u asa
net rsfnrn 10 tho vessel. sod hsss n<ss9 nsce
any o<hsF sftempt - % - nan .nsa
ksxs nserftoued Several days Alter fhe1r AZ
tempt 10 speak te sae captain sneJ sens
. naa 70 him % request pesntss1on % remove
their essehiss end easesa from tns vessel. vni.a
reqneat wns reality and nnronsi1onalV
ryansed snd they fhen voluntarily vent on
board AID hroaxhs s~sy al their oeso1sines
This was dnn~ whife The sessss vss Hins
moored 70 tie dock. ard shi's the RAISER ssz
on deck, bus no rsmarxs we're pasea esfwesn
The rssssv ia his test mcny ssfsmrfs 70 &C
en1ns fer his peculiar cofdues In ela1fnx fas
iibeliaass when shey tried 30 speak 10 nisn on
Monday rsorusnx when their purpose wss
merely n ask 70 hare the ships boai axe
theirs on board again. and also Cor his ssisafs to
SPEAK 10 shem when they came cT board 70 re-
move their effects. ny pretending thA ne w@
ia fear Of being iil,srested b these nsn-
I vas assonnded % read In the deposition OF
the master OF m EnKilsh ship such . desiars-
ton - II contained IN that Of Captain hsmil-
ton. on die tn this ease, Ia which ne SAYS. Il
was . hds scarsd." especially - - there Is snso
latelY nothing in The evidence 10 anofa the
slightest rrcund fos him II thsf time 70 have re-
garaes thsss men. OF either Of them, - oesns
dangerous The reasons he states for his fimid-
ness arc that be had heard OF threats being
rasde hy the men. and that fhey had used vio-
lance towards . man whom he had employed -
. wssehman on the snip. bat II r. clear from the
evidence thai tie threats Of any, wsrc NOT
made ana the dinacnlty with the Waterman did
not osserg Until some days after the time Of the
captain strange conduct I entirely discredit
this pars OF the captains evidence. ] do not
believe fhaf he vas ever afraid OF this crew.
He has been . master OF vessels for fourteen
years This il sufficient proof thst be could not
be frightened 70 easily - he presends TO have
been. for without personal courage he wouid
NOT wish 70 devote his iffs 20 . profession ex-
losing him 20 almost constant danger; and II ne
would be could not maintain the position OF .
commander believe that his motive for the
actions hare commented on was not fear, but
rather wish 70 avoid meeting the men. and
thus escape from the neccasiiy OF either assist
Ing them 20 return TO tbs ship or oorsenting -
have them quit the service and that II was his
desire that they should desert 90 that their
wages might be forfeited.
The master did not ~ force prevent the men
from returning to the vessel. and believe that
II they hsi offered 70 do 20 he wonld not have
placed any obstacles In their way. The libel
ants claim. however. thai they were not able
for want OF money 10 procure . boat TO taxe
them on board bat am satisfied that they are
shrewd enough and determined enough 10 have
found way OF returning II theT had wished to
do So
In consideration OF all the facts and esrcum-
stances OF fhs case, and especially the voluntary
removal Of their effects from the vessel By the
libeianis. and the masters consent thereto 80
freely given. ] conclude that there was an i'm
piled consent by the master and all of them TO
the termination Of the contract from the day the
iibeIianfs left the vessel.
hold that sesmenss consract OF shipment
may be lawfully terminated before full per
foymsnce by the mutual consent Of the seameu
and The master: and that when 30 Terminated
court OF admiralty win not decree payment 10
be msde 70 The seanen Of extra wages or dam
ages. rs II woHid In case Of . wrongful dis
charge. but win award wages at the contract
rate for the time OF actual services The mas
tar. after conseutinx to termination Of the con-
tract. cannot Afterwards riGhtiuliy be allowed Ia
charge tho seamen with dcsertion or claim .
forfeiture OF their wages earned by actual scrv.
lees
An exception viii be made a. to Lawrence
sylvia. Antonio Pedro and Antonia fortes. on
the ground that they shipped a. Monsivedeo -
able seasnen. bat were not capable Of perform
ing the dmsies Of able seamen, therefore they
win be allowed wages at the ratio OF SIS per
month. that being in proportion to the value OF
their services.
decree will he entered allowing wages A.
above for the time stated in the libel after de-
Quoting the Sums advanced and for which the
libeiants are ehargcabie Tor articles furnished
them from the ships slopehest ss admitted In
the libel.
L. II. HASFoRD. District Judge.
Taylor & Hammond. for iibellsnts. Effinger a
Abbott, for elaimsnsa