The Hawaiian gazette., 1903-09-25
BIG SHIP
IS SEIZED
Erskine N. PheIp s
Attached for
Damages.

Sewall & Co.'S big ship, the Erskine
NJ. Phelps, is in the custody of the
Federal Court under a claim of ten
thousand dollars for personal damage
to one OF its sailors,
julius y. Schumacher has brought
a libel In admiralty for personal dam
age from negligence against the ship
Erskine NJ. Phelps, whereof r. j. Ora
ham Is master, her tackle, apparel and
furniture, and against all persons law
fully intervening for their interest
+ therein.
Libellant prays that he may have
judgment for $4,000 and that the shio
and her equipment may be condemned
and sold to pay the same. 7. McCants
Stewart and j. j. Dunno are his proc
tors in bringing the suit.
Schumacher alleges that about the
first of May, 1903, he shipped as duly
articled seaman on board the Erskine
NJ. Phelps, and sailed thereon from
Norfolk, Virginia, to the port of Homo
lulu. He says that the cargo was coal
and that the ship was overladen. On
July 10, he goes on to relate, while the
vessel was being navigated around
Cape Horn, libellant was thrown upon,
against and between the rails and
stanchions of the ship with great force
and violence and sustained fracture
of his right leg. At this point in his
complaint he says:
THAT libellant was thereafter neg
lected and i'll treated by said master.
in that he was left for two hours WITH
out receiving any attention whatever;
and libellant was further neglected for
the space of about two days; that on
the second day after the said accident.
libellant's injured leg was carelessly
wrapped in q hard bandage, and was
suspended in his bunk from a hook in
the top thereof, to libellant's great in
convenience and discomfort; that libel
liant lay there without change for the
space of four weeks; that at times libel
liant was unable to answer the demands
of nature, because no one on board had
time to assist him, and he suffered
greatly; that during said period OF
four weeks, said master never came
near this libellant.
THAT at the end Of the period last
aforesaid, libellant was assisted upon
deck by order of the said master, as
libellant is informed and believes; that
libellant was given a stick and cane
for use; that libellant asked for
crutch in place of said stick, but the
same was denied him: that libellant,
because of insufficient support, slipped
and fell on the deck of said ship the
second day after he was assisted on
deck; that his said leg was injured
thereby; that the said master knew it,
but nothing whatever was done there
for.
THAT said ship arrived at said Ho-
nolulu on or about the 18th day of Sep
TENDER, in the year 1903, that imme-
diately upon its arrival, libellant re
ouested said master to take him on
shore to hospital: that his request
went unheeded: that on the third daV,
no one remained on board of said snip,
and libellant went without food dur
ing the whole day, and was hungry and
sick and faint.
THAT during all of the times afore-
said following the said fracture OF
libellant's leg, he suffered great physi-
cal pain and misery, and was in con-
tlnual mental uiStleSS, anu 10 h'" -
patient in the Queens hospital of said
Honolulu, and is still suffering from
said injury.
THAT after libellant sustained the
fracture of his leg as aforesaid saiu
ship, as libellant Is informed ana oe-
lieves, was near divers ports, where
medical and surgical assistance could
have been obtained for libellant by SAID
master and said ship could have been
safely sailed thereto and without injury
to its cargo.
THAT libellant is twent-four years
| of age, and is without education, ana
| is able to earn a living by physical la
Dor only: that he has earned hitherto
from eighteen to twenty dollars per
month: that he has received no money
/ from said ship as earnings, or other
wise, since said Sth day of May, l9o3-
and that he is now permanently in1uT-
ed and incapacitated from performing
| hard labor; and that because of the
premises libellant has suffered damage
in his person in the sum of ten thou
sand dollars (s1000O."
Judge Estee allowed process to issue
without bond for costs. The return day
of the writ is october @
Late yesterday evening U. S. Deputy
Marshal +. l.. Winter attached the ship
Erskine NJ. Phelps under the process.
The vessel will probably be released
under a bond covering the damages
claimed. In the meantime j. j. Nc
Donald has been placed in charge of
the ship by the Deputy Marshal.
|