The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-08
IN FAVOR OF THE SAILORS.
PROCEEDS FROM THE BARK Ne
VADO TO GO TO THE SEAMEN.

| Their Lien Is the First After the
Payment of COsts-They VIII Not
Get All the Money Due Them, But
1t VIII Be Divided Up-The Libel
Iants Get Nothing as There Is Not
Enough TO GO ROund-The Money
TO BE Given to the British Vice
Consul, w. Robertson, for Distri-
button.
Judge Speer rendered his opinion yester-
day in the famous Nevada case, in which
Gustave Saboia & Co., Of Brazil. lIbeled
the British bark Nevada for $4,000 dam
ages on account of the loss of a cargo Of
salt which was to have been carried
from Rio de Janiero to Santos. but the
sailors on the vessel refused to go to
Santos and the bark made for this port.
Under the decree, however, the lien of
the libellants is made third in rank, and
there being only S2,O5O in the registry of
the court they will get nothing. After the
payment Of the costs in the case the
balance Of the money goes to the sailors
who were on the bark when she landed
in Savannah.
John r. Cragen, the master and owner
Of the bark, shipped his crew for three
years cruise between South American
ports. He carried a cargo of salt to Rio,
Nov. %, 1891, unloaded part of it, and
sold the balance to Gustave Saboia & Co,
who ordered it shipped to Santos. There
was a sporadic revolution in Rio at the
time. and yellow fever was raging at
Santos. For the latter reason the sailors
did not want to make the trip to Santos,
and they asked to be allowed to see the
British consul at Rio. Cragen, however,
refused to let them go ashore to see the
consul on the ground that there was a
revolution In progress and It would not
be safe for them to do so. They made
| several attempts to get to see the CONSUL
but each time they asked to be allowed
to do so they were put of under some
| excuse.
Cragen himself refused to go with the
vessel to Santos, where the salt was to
be carried, and put the first officer, f. r.
/ Gilmore, in charge of the bark as mas
ter. He, too, refused to give the men an
| opportunity to see the British consul.
/ When they had put out to sea from Rio,
he requested it. He did not use any VIC
lent means to make them continue the
trip, but merely urged it. He said he did
not want to 90 but intended to go there
under instructions from Cragen The men
then insisted on making another port and
the Nevada was brought to Savannah, ar
irving here March 90 1892 Her cargo of
salt was sold by the government for non
payment of duty and Saboia & Co. then
fled libel suit against the vessel. An in
terlocutory decree was rendered June 15
1892 and the vessel was sold for 1850.
There were numerous intervenors in the
proceeding, among them the nine sailors,
John Brown c. Immersion, Thomas Lau-
RE, George Williams, David Gordon, John
Williams, George Crowder, ]. Jansen, and
John Caulfeld. Z. r. Gilmore, the first
officer, also interviewed for wages, but the
court refused to allow him anything on
several grounds, he having already re
! ceived part of the money due him. and
also on account of the fact that he as
well as Cragen had prevented the men
| from seeing the British consul at Rio
The amount due the nine seamen is
| S9S731 and there is only little more
than this amount in the registry of the
| court. The costs of court come out first
! and these amount to S55922, which leaves
only $1,49O7S for distribution among the
seamen whose lien ranks next to the costs
The bill of pilot Charles G. Maxim for
! S9O.oo Was pidCeu dlOuS with the lien of
the sailors, and it is probable he will get
| his pro rata share when the distribution
is made.
OF course attorneys fees also come out
of this latter amount.
The foregoing are the first and second
liens and the claim of the libeflants ranks
as the third lien along with that of
Straehan Co.. who made a claim of
$1,421.40 for supplies furnished the ship
while she was in port, and before she was
sold. Two or three other liens which were
set up rank along with these, but there
is nothing left for any of them.
The court decided that the money left
after the payment of court costs should
be turned over to the British vice CONSUL
w. Roberts, for distribution. He was also
an interVenor in the case to the extent OF
S690.90 for amounts advanced to the sea-
men on the bark. A decree will be drawn
up and signed, making such disposition of
the fund as was indicated in the judges
opinion.
The sailors who get this money are
pretty well scattered by this time. So
far as is known there is only one of them
here, and for a while he made a living
running a pushcart, waiting to see what
disposition was to be made of the fund.
Two or three of them are dead, and what
ever is coming to them will probably be
given to their families, if they have any
that can be found.
The Nevada was bought by Strachan G,
| Co. when sold at public outcry and sent to
with a cargo of cotton. She was
wrecked in a storm on her first voyage
The attorneys interested in the case
were Messrs. George A Mercer & Son for
the libellants; Messrs. Garrard, Meldrim
& Newman. for Strachan & Co, Gilmore
and the sailors; Mr.. A. Minis, for Charles
Jacobson, intervenor. and Messrs R r.
Richards and Marion Erwin, for other
intervenors.