New-York tribune., 1921-12-21

told, that the Frederick was sinking
and these last words were being sent
IN the one chance that they might some
day reach the families of the ten about
to die.
That one chance won. Miller sent the
flask and it's contents to one OF his
sons at Kirkwall, Scotland He turned
it over to the adjutant of the garrison
there. who in turn forwarded it to the
American Legation in London. Photo
static copies of the pathetic last mes
sages were exhibited yesterday by Mr..
Axtcll. He represents:
Helen NJ. Brown. Jean Carreral.
Joseph Filguerira, Florencio Barreiro,
Adelaide Cuthbertson Nelson and Marie
Robbins. The last is the widow of the
captain who finally took the Frederick
out to open sea, after two other
masters had refused the job.
The complaints charge agreement
and conspiracy on the part of the YES
sels owners and operators "for the
purpose of making profits by purchas-
ing the steamship Frederick, which at
the time of its purchase was old, worn
out and totally untitled for use as an
ocean-going vessel
Insurance Collected, Charge
1t is further charged that the de-
fendants, after taking title to the ves-
sci, proceeded to prepare her for sea
service when she was unseaworthy, and
that through contracts entered into
with certain parties whose names are
unknown to the plaintiff for the carry
ing of cargo, the defendants have since
collected large sums of money under
pollcleS OF insurance, the exact particu-
lars of which are unknown to plain
tiff
According to testimony of former
members of the Frederck's crew de-
duced in the offices of the defendants
attorneys, the ship had been repaired
prior to departure from New York, but
none of the officers then on her, in
Guiding the captain, H. H. Keihne. and
George McDerm ott, the chief steward,
of 348 West Fourteenth Street, would
consent to make the voyage and left
the ship several days before she sailed
McDermott testified that the vessel
was "sieve," she leaked so badly, and
that the removal of stanchions to make
room for the alleged excessive cargo
and concrete patch in the ships star
board side aft made her unsafe for a
sea trip.
After the Frederick left New York
she was forced to put in at Vineyard
Haven and Portland, Me-, for addi-
h,
sells new chief steward, left the vessel
at Portland, as did also Captain Lyman.
Captain Robbins then took charge of
the vessel, and the last heard of her
was when she left Louisburg, N. S.,
rolling and careening"
Criminal Action Rejected
The defendants named in the civil
action are Thomas A. Sherman. Richard
O. White Carl x Croch,- Mo,-,oo Il
Long, George E. Collins, Mark l.. Gill
bert, Benjamin ". Morse and Charles
W. Morse, co-partners doing business
under the firm name of the Continental
Trading Company and Charles w.
Morse"
Criminal action against tho afore-
mentioned defendants was instituted in
the United States District Court in
1918 by Mr.. A,ltell for the plaintiff
relatives of the deceased members of
the Frederick's crew, but was rejected
by the United States District Attorney
under the statute of limitations
The defendants attorneys DENY all
the material allegations contained in
the complaint of Mrs. Brown and the
other relatives and have set up con
tributory negligence as a defence.
The motion for an examination Of
the defendants prior to their trial
made yesterday by Mr.. Axtell says thai
the request is made "in order to
ascertain from them (the defendants)
what attempts were made to procure
insurance and what success each at
tempt met with and "to examine
them in order to determine the amount
of freight cargo. and in order to show
that the said steamship was over
loaded. and purposely so overloaded"