The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-03-15
ALIBEL FOR CHARTER MONEY.
THE OWNER OF THE ELLIOT
BRINGS SUIT FOR NEARLY $4,000.

The Troubles which Brought on the
Litigation-The Vessel Now Char
tered for Costa Rica for a Cargo
of Fruit-TO sail in Day or Two.
r. Macmillan, owner of the British
steamship Elliot. from Charlottetown,
Prince Edward Island, has filed libel
in the United States court against Messrs.
Kavanaugh & Brennan to recover s2,s43.56
which he claims is the balance due for
charter money
Kavanaugh & Brennan chartered the
Elliot to bring bananas from Bluefelds,
Nicaragua, at which port the Elliot re-
ported Oct. 10, 1894, and was used by the
charterers until Dec. -, the amount to
be paid being fS4O sterling per month. The
charters were also to furnish the coal.
For the time she was used the amount due
was SS,S2S06, on which it is stated only
S9S456 was paid, and the payment of the
balance was refused
On her first voyage from Bluehelds the
Elliot was delayed. taking twelve days
to make the run, whereas the usual run
is made in seven days. Messrs. Kava-
naugh & Brennan claimed their fruit was
badly damaged as a result of the delay,
which they stated was due to short sup
Capt. D. Macdonald, claimed that his
delay was due to heavy weather, which
held him back for several days, when he
was within short distance of this port
There was a provision in the charter
party that when any dispute arose with
regard to the charter, 1t should be referred
to three parties in New York, one to be
named by each side and the third to be
selected by these two. When this dis
pute came up three such parties were Sc
lected, Mr.. Macmillan and his counsel
and Capt. Macdonald appeared before the
arbitrators, and Messrs. Kavanaugh &
brennan appeared by a representative,
but not by counsel. On Dec 81 they with
drew from the arbitration, and refused to
pay the amount claimed. This led to the
filing of a libel suit by Mr.. w r. Leaken,
VINO represents the owners of the Elliot
here. In the suit it is stated that Mac
MILAN and Capt. Macdonald incurred ex-
penses OF S225 in making the trip to New
York, and this amount is also claimed.
AS the Elliot is preparing to leave for
Costa Rica under charter by a Mobile
hrm, the testimony of her officers and
crew in connection with the libel suit is
being taken here before Mr.. Joseph NJ.
Dreyer' as notary public. Messrs, Kav-
anaugh Brennan are represented by
Messrs. O. Conner & OByrne.
The testimony of Capt. Macdonald and
other members of the crew is to the effect
that the Elliott had a sufficient supply of
coal when she left Bluehelds on her
hrst trip under the charter. and that the
delay was due entirely to the heavy
weather which she experienced during the
entire trip, and especially when about
25O miles out from Savannah coming in.
Even though it could be shown that
the Elliot did not have enough coal to
bring her to Savannah on time, it will
be urged by the owner of the ship that
she was under time charter to the re-
spondents and that for the time being
they were practically the owners Of the
vessel, and therefore responsible for any
damage to whatever cargo they might
put aboard her
The Elliot and Messrs. Kavanaugh &,
Brennan also have been libelled by the
owners of the Norwegian steamship
Hiram for services rendered in pulling her
off the mud banks in the Bluenelds river
This case will probably be settled.
The Elliot will sail as soon as the TAX
ing of the testimony in the libel case has
been disposed of. She has already cleared
for Costa Rica for a cargo of fruit. AS
there is no representative of the Costa
Rican government here, the representa-
tive of one or two South American gov
ernments telegraphed Consul General
Flint in New York for authority to act
in the clearance of the vessel, which was
granted with caution to see that moth
ing contraband was on board. After be-
ing satisfied that such was the case the
vessel was cleared. No suspicion is at
tached to her movements