The Savannah morning news., 1901-02-10
MUST PAY The BOND
.xrR OF ADULA REQUIRED TO
Make GOOD BEFORE FEB. 20.
FUND WILL BE DIVIDED.
= sooN As MONEY Is IN THE REG
IsTRY OF THE COURT.


NtarvIand is the surety ON the
md and There VIII he no Delay.
co,tors and others to Receive
rhetr shares of the Prize Money.
white star Towing Company TO
1occtve 81 900 for the Services of
rs Tugs in saving AduIa From
Dcstruction by Fire.
pofore reb. 20 the Atlas Steamship
,,o,,nanv and the Fidelity and Deposit
,,or,nanv of Maryland, the owner of the
Ad,i, and the surety on its bonds, must
into the registry of the United States
n,s.rict Court the sum of $4,000 At the
.,stsnce of the district attorney, Judge
socer on yesterday passed an order to
this effect
,roe money required to be forthcoming
O.. The amount of the bond. given by the
o,ner Of the Adula, when che vessel was
r.,eased from custody of the United
states When the money is in court
5istribution of the fund will be made and
,oo=e interested in this subject, and there
ore many in Savannah will receive their
snarcs.
The White Star Towing Company is to
receive 81, GOO for the services rendered by
,irs belonging to it to the Adula, which
was threatened with destruction by fire,
while lying in the harbor of New York,
in the summer of 1898.
Yesterday the intervention for salvage
OF the towing company, in the prize case
against the Adula, was argued before
Judge speer, Mr.. Walter G. Charlton APP
nearing for the iibelant and District At
torney Erwin and Assistant District At
torney Leaken for the government. The
governments attorneys did not seek to
show that the White Star Towing Com
pany was not entitled to salvage, but
merely that il was not due the large
amount which Mr. Charlton thought and
argued should be paid. In this the gov
eruments position was sustained by the
decision of Judge Speer. He said:
THE British steamship Adula has been
condemned as lawful prize of war to the
United States steamer Marblehead, Capt.
McCalla, commander, and perhaps other
vessels of Admiral SIMPSONS squadron,
by decree of this court. She had been
sent to the port of New York for sale.
harbor she was libeled by the White Star
Towing Company who allege salvage ser
vices and the cause, by consent of MI
parties was transferred to this jurisdic-
ton for determination. 1t has been ac-
corIingly heard, and after reading the evil
dence and listening attentively to the ar
guments OF counsel, 1 cannot conclude
that there were any very meritorious or
hazardous salvage services rendered in
this case.
The Aduia was moored in Brooklyn,
New York, in a slip ninety feet wide; on
the opposite side of the slip to the north
ward. ninety feet away, was a pier. On
the other side of that pier the four-mast-
ed ship Andorrhina was burned. At the
pier to the horthward also. stood the Ger
man-Amefican stores warehouse, other
wise called the Merchant stores. This
was on fire, but the fire had not broken
through the building at that time, so as
TO eudaneer the Adula. 1t is true that
there were two lighters in the same slip
with the Adula, laden with infiammable
material, jute and the like, and both of
these were on fire. A portion of the Adu-
las awning over the stern deck and one
Of the boats toward the stern
had caught on fire from the burning light
ers. II is stated by one of the witnesses,
in response to a question on cross-ex-
animation. propounded by Mr.. Leaken, as
sistant district attorney, that the wood
work amidships had also caught on fire.
There were number of men on board
with buckets, who were putting out the
fire and this seemed to be a very small
matter TO do at that time. These tugs,
Oferman aud Golden Rod, which were
near, one of them two piers away, steam
ed in, both made fast and drew the
Adula out into the stream. Some of the
Witnesses testified that the Golden Rod
played on the fire on board the Adula
for an hour and that it was necessary
to do so, generally, because the side was
50 warm that it was not comfortable. An
other witness Testified that the Golden
Rod pumped water on the Adula for only
ten minutes. Now. according to the testi-
mony of the engineer of the Golden Rod,
the pump threw 400 gallons of water a
minute. If she played an hour she threw
$4,000 gallons of water, in order to put
out a fire on a part of the awning and
on one lifeboat, and stop the smoking on
the deck
The Adula was an iron steamer She
was in no immediate danger there was
plenty of help at hand, nor did the tugs
incur, in my judgment. any hazard what
ever except that which always exists
when tUgboat goes near a fire This
was salvage service, but OF the lowest
order. As correctly stated by Mr. Erwin
ills was harbor salvage service, when
is usually of the very lowest order. TIE
tugs were swarming around there. There
was no difficulty in getting any number
oi them Nor is there ever any difficulty
IN New York harbor or any similar port
IN getting tugs to put out fire of this
KIND. They are keen for the work.
IL is true something must be allowed
1or salvage on an occasion of this kind.
Inc Adula, too. was, in a very unfortu-
nate respect, subject to more than ordi-
nary danger, because she had no master
or crew on board. The custodian put
mere BY the United States Marshal was
not there A colored individual who was
III actual charge, seems 20 have regarded
u as far more important TO save his
clolnes than to save the Adula. She
therefore depended entirely upon the as
sls'ahce of those not directly concerned In
ger ana that is the strongest feature Of
we case in favor OF the salvors. Had
e"' master and even partial crew on
"''rd' / do not think that any more than
'""age service would have been allow 1
que under the circumstances. As she was.
however entirely helpless l think that
,.oIe should be allowed the salVors for |
wat reason After considering the whole !
.ee think | am very liberal indeed in |
loving one thousand dollars for the |