The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1916-12-09
Judge Sheppard Withholds
Decree in Libel Suit Con-
corning Foreigners Only.
UNUSUAL FACTS
IN ADMIRALTY CASE
Man Held in Jail Charged
With Unlawful Desertion
of Vessel.

Deciding that until certain. specific
demands were made bringing into ef-
feet the LaFollette Seamen's Act,
that the general maritime law pre-
vailed, Judge William B. Sheppard, in
the United States court for the
Northern district of Florida, yester-,
day withheld a decree in the case OF
A. Fernandez against the British
steamship Strathearn, in which the
libellant sued for wages amounting tor
$50. Specifically, it is held that the
libellant is foreigner, the ship OF
foreign register, and the,contract ex-
ecuted under the laws of a foreign
country. In such case, the law Of
the country will be enforced.
The case in itself Is an unusual one
involving the city police, master and
owners of the vessel, consul here, and
the London Board of Trade. In argu-
ing the case the facts were shown to
be that on August II the Strathearn,
loaded and ready for sea, was anchor
ed in the channel at Pensacola. Mem
bers of the crew were paid of. and
allowed to go ashore, the day being
Saturday.
Among others the libellant came
ashore, and early Sunday morning,
about two o'clock, was in a public
park.
In the testimony it was brought
out that he was arrested for va
grancy, placed in Jail and sentenced
to serve thirty days. The libellant
claims that he wrote three letters to
the master of the ship and the consul
here, none of which was delivered.
Upon his failure to return to the
ship, the master sent man ashore to
look for him, and search was made
of the Jail, but he was not found.
The vessel waited three DAYS and.
after hearing nothing from the man.
sailed.
The Strathearn went to Pisama.
returning some time after Fernan-
DEE was released from Jail, and it was
then that he libelled the vessel for
his full wages.
Before sailing, however, the mas
ter of te ship had taken his log to
the consul, and entered therein that
Fernandez had deserted the vessel.
and according to the custom in such
cases, his wages forfeit to the Board
OF Trade of London for the case of
INDECENT sailors.
Judge Sheppard held as follows.
After having considered the evil
dence, | conclude that the Iibellant in
this case WIS absent from the vessel
on Sunday, the 18th day of August.
1916, with tacit permission. That his
failure to join the ship within a rea-
sonable time, say the beginning of
working hours on the day following.
which was Monday, the 14th, his abb
sence thereafter became an "u1lawful
absence"
The evidence does not show an
animus non revertendi at the time of
leaving the ship, and the circum-
stances of his leaving and absence
would preclude a holding that the
libellant was deserter within the
meaning of the general maritime
laws, unless there was an intent to
abandon the ship and the service
made clearly to appear after he left
the vessel. The record discloses no
such intention on the part Of libel
liant, but on the contrary unequivocal-
~ shows that the continued absence
was due to circumstance clearly be-
yond his ontrol. Whether or not the
libellant was imprisoned by the local
authorities rightfully, or wrongfully,
is not material here. The gist of the
respondents defense on this point is
the intention of the seaman at the
time of leaving the ship or an inten-
ton thereafter formed.
The court cannot say as a matter
of law that the libellant was a de-
serter, but concludes from the record
that he was improperly logged as
such.
Held not to be deserter, the next
egtion to be considered is whether
Q not he is justly entitled to re-
cover the wages withheld by the ship.
The libellant is a foreigner; the ship
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