The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-03-29

In the many-sided admiralty suit involv-
ing the conflicting claims Of the owners
and seamen of the old schooner Gen. Nc
Pherson, Judge Hanford, OF the federal
court, yesterday handed down an opinion
Diminishing the libel for wages filed by Z.
+. Graham, W. f. Parry and James Poole,
alleged members of the schooner's crew
during the long voyage in Alaskan waters.
from which she returned last September.
The court holds that the libelants named
as well as the intervenor Hans Giese i'm
perial German consul. representing the
claim of Charles Schultz, deceased a sea-
man who was lost overheard during the
voyage, are not entitled to recover from
Donald II. Smith, of this city. who. before
she was sold by the United States mar
shall, was managing owner OF the vessel,
and Mr. Phillips Mr.. Smiths partner In
the venture
n his opinion, which is quite lengthy,
Judge Hanford states the facts IN the case
at some length. showing IL to be one Of
the most strangely involved suits ever
brought IN the admiralty court. The It'll
cation center3 about the unlawful con-
version of the vessel TO his own use by
Capt. James r. Nelson while in the north
The court says that Capt. Nelson, TAX
ing advantage of the unbusnesslike action
OF Mr.. Smith in falling 10 give Poole who
went with the vessel as supercargo proper
written authority, entered himself in the
manifest as consignee. and upon the ar
formed Supercargo Poole. Mr.. Phillips
who went north as passenger, and mem
bers Of the crew, that he was consignee Of
the cargo and would not permit Mr.. Poole
to sell any Of 1t, nor permit the first mate
who was to act as treasurer, to handle
any of the money. but would take full
charge of the business himself To this
declaration no protest was made.
The vessel sailed from Astoria in June,
1898. under orders to proceed to st. MI
chael and Kotnebue sound, and then re-
C,,tA -slnrp
sent north to St. Michael directing the
captain TO return at once TO Seattle.
The court says It appears that when
for a price that would have returned q
good profit to her owners and went on to
Kotzebue sound Without dsposing of
the cargo the schooner returned to st.
Michael There. instead of olsposing of
the cargo and sailing at once for Seattle,
in pursuance of his written orders. Capt.
to Kotzebue sound to spend the winter.
with the intention OF using the lumber
and coal OF the cargo and the stores of
the vessel to maintain himself, his fam
lily and the crew during the winter and
be prepared to send out prospecting par
ties in the spring in the hope of discover
ing something valuable In the way OF
mines.
The first mate left the vessel at St
Michael. Later the captain shipped
Poole, the supercargo, as cook at $50 a
until the spring. when he left without be-
ing paid off About this time Mr., Smith,
In Seattle. heard that Capt. Nelson was
playing fast and loose with the vessel
and her cargo, and went TO Cape Nome,
where he recovered possession of the
Con. Mcpherson after she had been
taken from the dishonest captain by the
revenue cutter Bear.
The court says that both Mr. Phillips
and Mr.. Smith lost much money by the
dishonesty OF Capt. Nelson and recov-
cred but little OF the money he obtained
circumstances, the court says. II would
cause he was not promptly paid off when
the vessel was brought back 10 Seattle,
although the law allows such recovery.
In the case OF Schultz the court thinks
the dead sailors heirs might have a good
claim for his wages earned during the
voyage, but says that the right of the
German imperial consul to represent the
heirs IS not sufficiently proven. The case
as 10 Schultz IS accordingly dismissed
without prejudice ~ to the right Of the
heirs to subsequently assert their claim
through proper legal representative.
"A 70 Poole, the court holds that his
contract with Capt Nelson. being made
after the later had unlHwfully and pi-
ratically taken control Of the vessel ad.
Vcrsely % her owners. was void IN that
capt. Nelson had no right TO bind the
ship
In tho case Of Graham the court say.
that he has been sufficiently reimbursed
for his services during the homeward