The Savannah morning news., 1904-03-13
MARTINEZ CASE
TRIED THIS WEEK
SUIT AGAINST "MARGHERITA"
FOR DAMAGES WILL BE HEARD In
UNITED STATES COURT.

Brought by Sailor Whose Leg Was
Bitten on by Shark - Plaintiff
Claims That Injury Was Result of
Captains NeeIigence-AIso BIames
Captain for Not Putting Into Port
and Securing Medical Aid-ArGu-
ment ON Demurrers in PeOnaxe
Cases VIII Be Heard MOnday-Gas-
ton street Case Thursday.
Wednesday the case of Juan de la
Cruz Martinez. against the italian
bark Margherita, will be heard in the
United States court. This is the case
in which Martinez sues the owners of
the bark for damages in the sum of
$1,000, for injuries received while per-
forming his duty. While reefing sail
Martinez was thrown into the ocean,
and before he could be rescued, his leg
was badly bitten by shark.
Martinez, in his petition for damages,
states that he shipped with the Mar
gherita from Pisuagua. Chilli, on July
q, bound for Savannah During
storm. while the bark was some miles
off the coast of the Falkland Islands
the sailor contends he was ordered
aloft to reef sail.
He began the hazardous work, but
when he reached the yardarm it gave
way and he was thrown into the
ocean. Just as the water closed over
his head he felt shark, or some other
large sea monster. close it's jaws on
his leg.
With great presence of mind Marti-
nez relates he drew both knees up as
close to his body as he could, and in
this way managed to get one foot
against the head of the animal. Ex-
erting every effort he attempted to-
push the shark away. His strength,
however, was not sufficient, and the
act seemed only to enrage the monster
intent on it's human prey.
The man was shaken to and fro
through the water as a. dog shakes a
puppy, and all the while the sharp
teeth of the shark were cutting deep
er and deeper into his leg, he relates
in his petition. At last, weak from
the struggle and loss Of blood, uncon-
seriousness temporarily, ended his suf-
ferings. 1t was in this condition, more
dead than alive. that he was finally
rescued by his fellow saamen.
Bark Did Not Put Into Port.
In his libel for damages Martinez
alleges that though he was badly in
Jured, the leg having been completely
severed, that the bark which was on
ly a few miles from the coast, failed to
put into port. There was no physians
aboard the vessel and, though it was
clearly evident that he needed the best
attention, the vessel kept steadily on
its way, he charges.
AS further reason for damages the
plaintiff alleges that his fall into the
sea was during the discharge of his
duty, and that it was caused by the
insecure manner in which the yard
arm was fastened. These two reasons
are brought forward as grounds for
damages
In his answer Capt. Baero, who was
in charge of the vessel, denies that the
accident was caused through any neg
ligence, or carlessness, on the part of
the ships owners, or masters.
Replying to the charge of refusal to
put into port and secure medical aid, |
Capt. Baero alleges that the vessel was
1,50O miles from port, and that every
thing possible was done for the injur- |
ed man by his fellow seamen and the |
officers of the boat.
The case will make one of the most |
interesting that has ever been heard |
in the federal courts here.
other Cases for This Week.
In addition to the cases against the |
Margherita, there are a number of |
other unusually interesting cases
which Judge Speer has assigned for |
this week. On Monday the argument
in the demuRrers entered in the peon-
age cases against William f. Crawley,
Thomas ]. Mcclellan, c. B. Mcleod, |
J. A. Mcleod and Lester Williamson,
will be heard. A summary of the
grounds set forth in the demurrers
has been published in the Morning
News.
For the same day the case of the
United States against ]. H. Harrell,
money order case, has been assigned,
and also one case of the United States
against Plymouth Frazier.
On Tuesday will be heard the cases
of Edward Burns against the stand
ard Mill Company and others, and X.
Ropner against Wilder & Co. On We'd
nesday, in addition to the Martinez
case, the case of Warren, Chapman &
Farquhar against the city of Savan-
nah has been assigned for hearing.
On Thursday the case of George w.
Owens and others against the city OF
Savannah will be heard. This case is
the CASTOR street paving case. Tne
case of Jennie /. Graves against h
II. Crawford and Ida and Minnie
Graves against Holmes and Hall have
been assigned.
Friday will be taken up in the case
of the United States against Calvin q.
Jones, charged with illicit distilllng.
On Saturday a similar case against
Newton ]. Drake will be heard.