550
. .fEDElU.L B.EPORTER.
might cause;aud. this seems to ha,ve been estimated as an element of the compensatio.p, to which she wa", entitled. The extra. labor imwas quittlincollsiderable. posed Upon all, {acts, one.·fifth of the whole salvage will adequately The decree is that $600, with interest reward the officers and at 6 per. October 4, 1880. be deposited in the registry of the court, Jobe distributed to the officers:*"ndcrew in the propodion their mouthly.,wages to, the whole monthly pay-roll. The libelants the, appea.l/and in the distric' court.
THE ANNIE
HENDERSON. February 23, 1883.)
, · (1Jtstrrct Oourt,n. Oonnecticut. 1. SALVAGE-REw. llID FOR. .
The reward given for salvage is based upon the danger,t<;»ife and property incurred' by the salvors, the value of the property saved, and the skill, labor, and duration of the services. 2. SAME-AMOUNT OF SALVAGE WHEN VESSEL IS DEllELICT.
The present state of the law does not allow a too-close discrimination, in regard to the amount of salvage, between property which has become derelict, and that which is not: the true principle is adequattl l'tlward, according to the circumstances. '
In Admiralty. Samuel Park and Au,gusf.us Brandegee, for libelants. John a. Dodge c/; Sons, for claimants. SJIIPMAN, J. This is a libel against the schooner Annie L. Henderson and for salvflge. On Sunday evening, September 10,1882, the three-masted schooner Annie L. Henderson, owned by the claimants, on her voyage from Apal,achicola to Boston with a full cargo of yellow-pine boards, struck on the Great rip,about 10 or 11 miles east of Sancotty head, Nantucket. She filled with water and lay on the bottom, unmanageable. .!.bout 275,000 feet of boards were under deck and about 100,000 feet were on deck., By order of the captain a of the deck-load was. thrown overboard. About half past 5 o'clock on the morning of September 11th, the captain, being of opinion that a storm was coming on. that the vessel would go to pieces, and that it was dangerous to life to remain on board, ordet'ed the sails furled, and with all his crew, eight in number, left the vessel in a boat, and landed on Nantucket about
'551
8 o'clock ontha same 'morning, the town-of Nantucket about 11 lo'clock A.H.' The,C'rew immediately went on board the steam'boatwhich left Nantucket about 12 b'cl6ck, 8iIld'went' to: Boston. " The captain and crew took"fronl the the signal lanterns, theJlog, thet instruments; ch3itts, ahd chronometers. ' J, ' ,.' By the Qssistance of Mr::Macy, ,the underwriters' agent at'Nan:tucket,the captain a schooner audrtboot 15: men to go to and rescue,' if 'possible, the wreck, when thE! weather 'Would 'permit. On Monday, the 1l1h, there was a, good sW0l1gbreeze, aha it rained very hard part of it blew heavily from the' norih-Mst, and' it' ,wasuBsa.fe toleaiE! tb.eharb01'. On 'fUesdaiy Ill. watchthan, whO h&di beeD a glass in the Nantu()ket tower to vessel, reported that she was ,adrift and drifting The w'indwag t(joh:eavy to permit thetlhRtteted Bchooner tOileave:tiil' night. ' During Tuesday night the Henderson drifted out of sight of Nltntucket. On Wednesday:rilorning the went into a calm. 'The made '·ttn attempt about' r; o'clock to 'get out of the harbor. That' afte<l!nO'on the captain }eartied that of the libelants had started early in the morning for'the Henderson, and as the resetting expedition had had an eight 01' ten ,hours' start, he abandoned 'the' ideo)of going in quest of his vessel, and on <Thursday noon he wetit'to Bdston, thinking ,that 'if she had been picked up he could there receive prompt information of her recovery. On Thursday the weitthet was rough and wind from. the Bouth made a Bo,that it would have been difficult for a vessel from Nantuck&t t6 have reached the Henderson if she had· not been found by the Osprey. ' On ,Tuesday 'morning, September 12th, the fishing schooner Osprey, owned by the persons named in the libel, was;lying inside of the fishing rip at Nantucket shoals. She was for cod and had been away from Noank, C6nul:lcticut, about a week,and had some 1,300 or 1;400 fish on board. 'About 7 or 8 in> the morning the wind commenced to rise from the north-east and the smack was obliged to start for a harbor. rnside the Great rip she found drifting lumber, and about 11 o'olocksaW; among the shoals, a schooner about one and one-half miles away, drifting to the south-west, and towards the E10uth shoals, and went near enough to see that her crew had left her. There was a heavy sea, and it was blowing too hard for the
552
FEDERAL REPORTER.
Osprey to board her. The Osprey got to land under the south side of the ishmd about 4 P. M. on Wallace Brown was captain; R9bert Machet was mate; Robert F. West, James Shirley, Robert Brown, and }4oses Chapman were the crew of the smacL About 2 o'clock P. Y. on this Tues<!ay, William James Burgess, of Nantucket, one of the libelants, having heard that a vessel was in distress off the island and the captain was in town, went to the townclock tower with his glass a.nd discovered the Henderson drifting off the south shpre, and, at the same time, saw the smack Osprey. He Marvin, immediately organized a pa,rty" consisting of Francis A. Mitchell and James Itamsdell, who furnished his whale.boat" 1I-nd aU went in a wagon or other conveyance to the south shot;e.· John P. Tabor. followed on the railroad. When the weather ,};>ecame quiet, they launched the poat from the beach, a,nd reached the Osprey about 5.o'clock. They, left ,Nantucket iuhaste, because tl1ey wanted to geta,head of any expedition which anYQody else ,might o,l'ganize. The next (Wednesday) morning, between 4 and 5 o'clock, the Os"prey, with ller'own cJ;ew and 'theuve Nantucket men, and towing the started for the Henderson, and sailed till lQo'clock A. M., when the wind entirely went down. Capt. Brown, Machet, and .the Nantucketmen took the whale-boat and rowed 18. o.r 20 miles, till 3l;>'clock, when they reached the ,vessel and founel that the mate and four or five. men from,,·the schooner Sullivan Sawin were on. board and were stripping the drifting s.chooner and had cut off the mizzen .sail. The mate told Capt. Brown that he must see the Sawin's tain, and if he (the Sawin's captajn) said keep on, they would; if .not, they would leave. The seven libelants then rowed about six miles, to the Sullivan. Sawin, saw her captain, who gave directions that his mate and crew should leave the Henderson, whereupon the libelants returned to the schooner and obtained possessioll . They found that she was listed to the starboard and was down by thB head, the chain-plates were broken, the mainmast was only held by the topmast back.stay, and was swinging to and fro, the halyard and sheets were afoul of the lumber, her starboard rail was a foot out of water, her deck was under water. They secured the mainmast, set up the rigging, disentangled the lumber, got out two hawsers, and lighted oakum dipped in a barrel'of oil which was on board, so that the Osprey could find them. About 10 o'clock at night the Osprey came up, and the rescuing party got something to eat for the first
I,
THE A.NNIE HENDERBON.
553
time since morning: Five staid on board the Henderson, Capt. , Brown being in command, a.nd the remainder, Robert West being in command, managed the Osprey. She towed the HenderEion all nIght, with anincreasing E. S. E. breeze. 5 o'clock A. M. oriThursday' there was 'a strong breeze, which increased till 1 i A. lIf., when there was a high wind. At this vessels were S"cS.E. of Block island. The 'hawsers parted off Block island about 11 <;>'clock. The to the ,He'nderson agtiinat Montauk. ,: continued togetherlleven or eight/mile's,' till they parted agatn in the Race about 6 , 'about haHpast' there waS averyneavythtmder-storm. ' , 1'he small hpltt; \vhich the ,O)Jprey Aent tothe 'to prqtision h'er \vas '\lpset,'tpeprovisions lost, and her c?tew had' nbtliing to eat' until they reacHed New Loii'aon'.o ,fuil of water; o'n her was.a:ft; The her swayed to and fro; 'ahd she' ateerEld very ha.rd. ' l 1When' the! wind 'waif strongest she carried foresail Jib. 'The east Ilntil 3 o'clock P. M. on when it' changed,'to'sorith: most difficiiltpart of the voyage was in the Race. :Withoutthe aid Of another vesse1.the Hendersop could not'have been'brought to port. The' Osprey could not have done it without the aid of the Nantucket men. , The testimony was substantiallrcbncurrent that it was better to go to New London than to New Bedford or Nantucket. The point in dispute w'asw'hether it would not have been better 'seamanship td go to Newport rat,her than to New Lond,on,which is corifessedly the niore'distant port from the point 'where the Henderson was' found. The Osprey did not start for New London, but kept away from the land, so that if the wind shifted she might be in readiness to go to the Vineyard or to New Bedford or to New London. When shemade B10ck island, Capt. Brown thought of going to Newport, btitat that time, certainly, New London was the safest harbor to make. I am of opinion that the captain good judgment in' the course which lie pursued from the beginning of the voyage. The Henderson was 3 years old, rated A 1, cost $27,354, and, before the accident, wal;l worth $23,000. To repair provide her with furniture and an equipment cost $7,137.11. In her disa.bled condition, when she reached New London, she was worth $16,000. Her cargo was worth $5,000. The Osprey was worth $1,500. 'rhe I., ,
55,4: danger from"which the wasrespuedwas very serIOus. is impQ,E?/3ibll) to tell whither; she.. would have dl'ifted,-whether to ' sea, as' is t,he, of t4e ,claimants,.' or to Vineyard Muskeget ,ohannel, as ,is, the ppinion' the libelants. But, when' she was in the hal.lds of thos8 Who: were stripping her. She would been tQrnedadrift, without rigging, and, if found bY' a,passing WQllid 41lve been unable to help herself in the viqlent wsather'of and the fonowing days. Her ultimate, fate \Touid h",ve been very ' The servipes werepJ;:ompt, energetic, laborious, and skillful.,',rhey ,started between ,:4 /;trid 5 o'clock in the morning. ' The about 7" o'clqck, and could not get raffil.When)p.e wind died a,,:ay the ,salvors out on rowe,a 18 or fq:r;, P ,an,d found the vessel in the hands 'miles mo'i'e, without food, arid,got peaoepos,sessio,¥'1"Frqm.. that nigqt .till the next nighY,themen on bOllrd withoqt 'and the men on vesSels were without sleep. ,1?hey were at constant and }lard work for two all of The of the Henderson was ,so biwyant thiit 's};1e 'could not sink, but in the lent the cl1ances'which herorew t'ook of thevessel's pi being sent D;ot to overlooked. The contrast between their promptness and energy and the is apllare"nt. 'The ants of the.hope:of whjle the captainJel,t sucll goad. ,The'ir promptness saved the and cargQfr90lgreat ,danger. " .', .','J;'hf> . ell.ptain' S 'Wde!'a by her with no.expectatiouof return. The vessel and crew to gp after the·';r.e.ck, hadinore than a mere intentlon of hi,S He, steps to endeavor. to save ber.. I do not think it find whether she was nO,t' <lully a ,l,)I3C,aUSe" iuthe oftha law in regard to the ,amount of salvage; it seems, tome tha,t, the question is not pne of substantial Post'y.Jo.nes" UrJIow. 150'; The Fl(jrence 20 Encr.,Law & Eq. 607. The vessel, at least, near"to beii,lg ,was q" .,' ,'. .' . Ulldel' all the f.lirc¥Jilistances ofIthecaile, .' think thatthE:llibelants I I ' _. , , : , . , ,-, , : ,\ " . are entitled .s.mp.of $.+.950, and theircof)ts. rhe .. is to be divided. in the ,following mfl.,llner: ,," . '.,
or
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"
MUNTZ V. A RAFT OF TIMBER.
'55'5 i$1;()OO.CJOO i ,. 600t QO ·,50000 400 00 · 90000 35000 " 1,20000 $4,950 00
To the owners of the vessel, _ i: '. To Capt. Wallace Brown, + To Robert F. West, . ,:.1 - , To Ro,bert Matchet, the IMte, -, To each one of the other $300, amounting to To James Ramsdell, the ownerofthe whale-boat, " .' To each one offour other Nantucket men. $300, amouritirig to
I should have allowed to the Nantucket men' nlore:than to the amacksmen, on account of their extra expenses at N'ew'I/oIidon, and in returning home, but I cannot avoid the idea that thEll'e'was il. flavor of unfairness iIi their hurrying away from Nantucket, without communicatingwiththe captain, who, they had good reason; to suppose, On the other was organizIng an expedition for the relief 'of' hra hand, the captain would not probably have found his vessel. He would not, in all probability, have got away in, his chartered: vessel from Nantucket, either in the day-time on Wednesday or on Thurs-
day.
MTJNTZ
and othersv.
ABUT .Ol'
Court. E. D. Louisiana.. January."
1.
JURIBDTO'rI(lN,
,
A taft of timber is suhjcct to the jurisdiction 'of the matter ofBalvage ' 2. SALVAGE.
urt in the
If part of a salvage servlce'ls performed by one set of <alvors,and the salvage is afterwards completed by others, the first set are entitled to reward pro tanto for the services they actually rendered, and th!is even though the part thcy toOk, standing by itself, would not l in.fact, have effected the salvage.
In Admiralty. R. King Cutler, for libelants. E. Warren, for claimants. " PARDEE, J.} On a very f()ggy ,morning.in ,1880, a large raft of logs broke loose in the upper part,ophe It was diijcovered by the. then plying across the river from LOUIsiana avenue, Qf, N!3W Orleans, to Harvey's canal. The men on the raft called to the ferry. boat to assist in landing the raft. The Margaret went to the assist. "JI'Heporled by Joscph P. Hornor, Esq" of the New Orleans bar.