Erastus Cornelius Benedict.

The American admiralty, its jurisdiction and practice, with practical forms and directions online

. (page 60 of 80)
Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 60 of 80)
Font size
QR-code for this ebook


rence, said B was in the habit of coming into said libellant^sroom, awaken-
ing her out of her sleep, attempting violence to her person, and using indecent
and vulgar expressions, and exposing his person in a disgusting manner; that
upon this libellant ordering said B from her presence and room, and threat-
ening to inform the other cabin passengers of his conduct towards her, said
B shortly afterwards, and in the hearing of the other cabin passengers, or-
dered this libellant to remain in her room, and not to leave tlie same, for if the
libellant attempted so to do he would send her amongst the steerage passen-
gers. That this libellant was closely confined to her said state room for the

space of two weeks, having her meals sent to her by said B 's orders. That

said B was also in the habit of falsely and maliciously slandering this libel-
lant to other of the said passengers on board such ship during such voyage.

Fifth, That this libellant was much injured in health, fi*etted and annoyed in

body and mind in consequence of such eonfinement and conduct of said B ^

and was quite sick for some time after her arrival in said city of New York,
and is damnified in the sum of three thousand five hundred dollars.

tiixth. That all and singular the premises are true, and within the admiralty
and mai'itime jurisdiction of the United Stfit^s and of this Honorable Court.

Wherefore she prays, that a warrant of arrest, in due form of law, according
to the course of this Honorable Court in causes of admiralty and maritime juris-
diction, may issue against tlie said I B , and that he may be required to

answer, upon oath, this libel, and all and singular the matters aforesaid, and
that this Honorable Court will be pleased to decree the payment of the dama-
ges aforesaid, with costs, and that the libellant may have such other and further
relief as in law and justice she may be entitled to receive.

Thomas W. Smith, Proctor for Libellant
W. Q. Morton, Advocate.
{Verification an in No, 1.)



No. 111. — Libel in personam by a seaman against a master and mate,

FOR A joint assault AND BATTERY.

To the Honorable Samuel R. Betts, Judge of the District Court of the United

States for tlie Southern District of New York.

The libel of Charles Grayman, late seaman on board the ship Louvre, whereof
Weeks was master, and Whittlesey chief mate, against tlie

master and mate in a cause of personal damage, civil and maritime, alleges as
follows:

First, Tliat some time in the month of March, in the year one thousand eiglit
hundred and forty-eight, the libellant shipped on board the said ship Louvre
for a voyage from New York to Rotterdam, and back to New' York.

That on or about the twenty -fifth day of March, while on the high seas, the
libellant, having been kept on deck longer than was usual, by reason of the ill-
ness of the cook, whose place he had volunteered to fill in addition to his otlier
duties, was lying in his berth in the forecastle while it was his watch below,
and while there heard the mate call him to come upon deck, whereupon he im-
mediately arose, but before he had fairly got out of the berth the mate sprang
down into the forecastle, and seizing the libellant by the throat began to di-ag
him along the floor, and the said master having come down with an iron belay-



Digitized by



Google



PRACTICAL FORMS. 6G1

ing pin, endeavored to strike the libellant with the same, but the libeUant, to
avoid a blow with such a dangerous weapon, escaped from the hands of the
master, and ran upon deck, and the master and mate followed him, and coming
up with him near the galley the said master endeavored again to strike the li-
bellant with the iron belaying pin, and the libellant not being able to escape
from his reach was obliged to ward off the blow with his arm and hand, and in
so doing received a severe stroke with the said iron belaying pin upon the back
of his hand, whereby the same was much injured, and to this day bears the
marks of the blows so received : that upon another occasion while engaged in
hauling upon a rope, the said mate, without the least cause or provocation,
and without the slightest warning to the libellant, fell upon the libellant and
beat him severely with his fist about the head and face, and the said master
coming from the other side of the deck took a wooden belaying pin from the
rail, and holding the libellant by the neck, struck the libellant five or six times
on the head with the belaying pin, and with tlie assistance of the mate, then
beat him with the same about his legs and body for some minutes; that by
reason of such beating, the face and head of the libellant were very much
bruised, and his body also injured; that he still feels the effects of such beat-
ing. And the libellant by reason of the premises claims to be entitled to
demand of the said master and mate damages to the amount of five hundred
dollars and upwards.

Second. That on the arrival of the said ship in this port tlie libellant took out
a warrant from the marine court of the State of New York, against the said
Weeks and Whittlesey, for the above-mentioned assaults, but that they have fled
from the jurisdiction of that court, or so concealed themselves that they cannot
be taken, and this libellant is wholly without remedy unless by process from
this court.

Third. That the said defendants have goods and chattels in this district, and
credits in the hands of E. D. Hurlburt & Co., of the city of New York,
merchants.

Fourth. That all and singular the premises are true, and within the admi-
ralty and maritime jurisdiction of the United States, and of this Honorable
Court.

Whereupon the libellant prays that a waiTant of arrest, in due form of law,
according to the course of this Honorable Court in cases of admiralty and mar-
itime juiisdiction, may issue against the said Weeks and Whittlesey, and that
they may be required to appear and answer on oath this libel, and all and sin-
gular tlie matters aforesaid, and that if they cannot be found, that their goods
and chattels, and if none be found, that their credits and effects in the hands of
E. D. Hurlburt & Co., of the city of New York, merchants, garnishees, may be
attached, to the amount sued for, and costs. And that this Honorable Court
would be pleased to deci-ee the payment of the damages sustained by the libel-
lant, with costs, and that he may have such other and further relief as in law
and justice he may be entitled to receive.

W. R. Beebe, Proctor for Libellant
E. C. Benedict, Advocate.

(Verification as in No. 1.)
36



Digitized by



Google



6C2 APPENDIX.

No. 112. — uIBEL IN REM FOB COLLISION.

To the Honorable Samuel R. Beits, Judge of the District Court of the United

States for the Southern District of New York.

The libel of Robert Schuyler and George L. Schuyler, both of the city of New
York, against the brig Sea, her tackle, apparel, and furniture, and all persons
lawfully intervening for their interest in the same, in a cause of collision, civil
and maritime, alleges as follows:

First That your libellants, before and at the time of the collision hereinafter
in the third article mentioned, were the owners and proprietors of a certain
steamboat called the Niagara, with her steam engine, boilei-s, machinery, tackle,
apparel, and furniture; which said steamboat your libellants used and employed
in transporting passengers and freight between the port of New York and the
port of Bridgeport in the State of Connecticut, and between which said ports
she was regularly run, daily and every day, Sundays excepted, for the purposes
aforesaid.

Second. That on Sunday, the ninth day of January, in the year 1848, the said
steamboat Niagara, with her steam engine, boilers, fixtures, apparel, and furni-
ture on board thereof, was safely moored, and lying at her usual berth alongside
of the pier or dock at the foot of Market Street, East River, in said city of New
York, where she had a perfect right to be; the said steamboat being then, and
also at the time when she was run into as hereinafter mentioned, tight, staunch,
strong, and in every respect well manned, tackled, apparelled, and appointed,
and having the usual and necessary complement of officers and men, and that
the master and crew engaged on board were on the lookout for the protection
and safety of said vessel.

Third. That, on the morning of the said day, and while the said steamboat
was safely moored as aforesaid, the said brig Sea, whereof Norton was master,
on her way from Havre, in the kingdom of France, to her destination at said
city of New York, came up the East River, between the Battery and Governor's
Island, passing at the distance of about four or five hundred feet from the docks
of said city on said river, with a strong wind from west-south-west, and with a
flood tide; and then and there with great force and violence ran into and upon
the said steamboat, and did thereby cause great damage and injury to the said
Niagara, her guards, hull, and stern, and remained foul of and upon the said
Niagara for some time, and until she (the brig Sea) swayed round, when she
cleared and passed on.

Fourth. That the said brig Sea, before and at the time of the said collision,
on a voyage from Havre to New York, was coming up the East River without
a pilot, and with the design of anchoring or mooring in said river; that she was
moving along rapidly, with the aid of wind and tide, carrying her fore and main-
top sails; that from the improper and unskillful management of the persons navi-
gating said brig, the anchors were not let go in due time to check her headway,
and bring her round into the tide, nor were her sails properly and in season
furled and clewed up so as to lessen her speed, but, on the contrai*y, t^e said
brig was so improperly and unskillfuUy managed and navigated, in the particu-
lars above mentioned, that she was driven upon and into the said steamboat as
aforesaid.

Fifth. That the persons navigating the said brig Sea let one anchor go about
abreast, or in the neighborhood of, the Fulton Street slip or pier, which partially



Digitized by



Google



PRACTICAL FORMS. 563

checked her headway, but, notwithstanding, she continued to drift up the stream
with tlie tide, lieading partly across it, and in the direction of the Brooklyn
shore; that the second anchor, not being shackled, or otherwise in readiness, as
it should have been, was not cast off into the stream until the said brig had
drifted up to about opposite Catharine Street pier, and at a distance of three
hundred feet or thereabouts from the said Niagara, and before a sufficient scope
of cable had run out, or the two anchora had checked her headway, she ran into
and afoul of the said Niagara, the stem of said brig striking with great force
and violence against the starboard side of said steamboat, twenty-five feet from
the bows, and cutting in the deck beams, fender-piece, and plank sheai*s, besides
twisting round and damaging her stei*n; that at the time of the striking, the said
brig was heading round into the stream and towards the Brooklyn shore, and
that the collision aforesaid was occasioned by the negligence, inattention, and
want of proper care and skill on the part of said brig, her master and crew, and
not from any fault, omission, or neglect on the part of tlie said Niagara, her mas-
ter and crew.

Sixth. That the said brig Sea had not before, or at the time of the collision,
a proper lookout and watch, to guard against the danger of a collision in a
crowded port; tliat the crew of said brig were occupied on the forward part of
the vessel — while she was drifting up as above-mentioned, after having let go
the first anchor — in shackling or otherwise preparing the second anchor to be
cast into the stream; that the collision would not have occurred if both of said
anchors had been in readiness, or had been suffered to run in due season, which
would have checked her headway, or if the position of her yards had been
changed, by hauling on the larboard braces, — which would have forced her off
from the docks towards the middle of the stream; and that the master and
crew of the Niagara, fearful, from the course pursued by those navigating the
brig, that she would run into and upon their vessel, did everything in their
power, by getting out additional fasts to the wharf, and heeling their vessel
over, to diminish the extent of the injury and damage to be caused by the
blow.

Seffenth. That tlie said steamboat Niagara was so injured and disabled by
the force and violence with which she was struck by the said brig Sea, as to
render it necessary to take her to the dry dock for repaire, at a time when her
services, on the line in which she was engaged, were particularly valuable to
her owners; and that the libellants, in consequence of the Niagara having been
run into and foul of as aforesaid, have sustained damages for the hire and
expenses of a steamboat to supply her place; for repairs to the said Niagara and
to her fixtures, for her loss of time, for expenses of her master and crew, and
otherwise, to the amount of one thousand dollars — which said damages were
occasioned by tlie negligence, want of skill, and improper conduct of the per-
sons navigating the said brig Sea, and not by or through any fault, negligence,
or improper conduct on the pai't of the persons on board the Niagara, her mas-
ter and crew.

Eighth. That since the said Niagara was so run foul of and into as aforesaid,
these libellants have applied to the firm of John Ewell <& Company, the con-
signees of said brig — the owners of said brig residing, as these libellants are
informed and believe, in the town of Warren, and State of Rhode Island, where
said brig belongs — and requested them to settle with these libellants for the
damages sustained by them as above mentioned; but the said consignees deny



Digitized by



Google



564 APPENDIX.

that there is any liability on the part of said brig for the said damages, or any
part thereof.

Ninth, That the said brig Sea is now lying in the port of New York, and
within the jurisdiction of this court.

Tenth. That all and singular the premises are true, and within the admi-
ralty and maritime jurisdiction of the. United States and of this Honorable
Court.

Wherefore the libellant prays that process in due form of law, according to
the course of this Honorable Court in cases of admiralty and maritime juris-
diction, may issue against the said brig Sea, her tackle, apparel, and other fur-
niture, and that all persons having any interest therein may be cited to appear
and answer, on oath, all and singular the matters aforesaid; and that this Hon-
orable Court would be pleased to decree the payment of the damages as afore-
said, and that the said vessel may be condemned and sold to pay the same, and
that the libellants may have such other and further relief as in law and justice
they may be entitled to receive.

Alexander Hamilton, Jb., Proctor for Libellants.
W. Q. Morton, Advocate.

( Verification aa in No, 1.)



No. 113. — Libel in personam against the owner of a ship, for salt age.

To the Honorable Sanmel R. Betts, Judge of the District Court of the United

States for the Southern District of New York.

The libel of William Peters, master of the ship Amiable, for himself, and all
others entitled, against John Jones, owner of the ship Hercules, in a cause of
salvage, civil and maritime, alleges as follows:

FirH, That the libellant, being at sea, and bound to the port of New York in
the said ship Amiable, of which he was master, observed a brig with a signal
of distress flying, and immediately made for the vessel, when he discovered
that she was aground on the beach, on the south side of Long Island, and being
hailed by the master thereof, was informed that she was the brig Rover, of New
York, and had been agi'ound for several hours, and had, by force of the wind
and tide, worked so far into the sand, that he feared she would not float at high
water, without assistance, and asked the libellant to assist him.

Second, That the libellant thereupon consented to render such assistance as
was in his power, and for that purpose let go his anchor and lay by her, and
got out hawsers to her, and, by constant heaving of himself and his whole ship's
company, prevented her working further up into the sand, and at high water,
succeeded in heaving her off without injury — whereupon the said master in-
formed the libellant that he had no means of paying him there — ^that ho was
bound to sea, and was very desirous of not being delayed, and that he would
give the libellant a letter to his owner, the said John Jones, who would pay him
his reasonable salvage. That said master thereupon gave the libellant a letter
to said owner, informing him that the libellant had rendered him valuable as-
sistance, whereby the said brig had been saved from pi*obable loss, and was
entitled to salvage.

Third, That the libellant therefore consented to allow the said brig to pursue
her voyage, and on his arrival in the port of New York, he presented said letter



Digitized by



Google



PRACTICAL FORMS. 565

to said owner, and for himself and his ship^s company, and his owners, whose
ship had been perilled in rendering such assistance, offered to accept the sum
of Ave hundred dollars, if paid without delay or trouble to the libellant,
although, as he had previously been informed, said brig and cargo were worth
the sum of thirty thousand dollars, and the said sum of five hundred dollars
was an inadequate salvage compensation, but said owner refused to pay the
same, and to pay any more than fifty dollars.

Fourth, That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States and of this Honorable Court

Wherefore the libellant prays that the said John Jones may be cited to appear
and answer the matters aforesaid, and may be decreed to pay to the libellant,
and the othei*s so entitled, a full reasonable salvage compensation for the said
assistance so rendered, and that they may have such other and furtlier relief as
in law and justice they may be entitled to receive.

A. B., Proctor and Advocate for Libellant.

(Verification as in No, 1.)



No. 114. — Libel in bem by the seamen of a govkbnment vessel, against a

VESSEL AND CABQO FOR SALVAGE.

To the Honorable Samuel R. Betts, Judge of the Distiict Court of the United

States for the Southern District of New York.

The libel of Joseph Smith, of said district, mariner, for himself and others
interested as salvors, against the schooner Josephine, her tackle, apparel, and
furniture, and cargo, in a cause of salvage, civil and maritime, alleges as follows:

First, That tlie United States sloop-of-war Plymouth, being on her passage
from Rio Janeiro, and being tight, staunch, and well found, and manned with
a crew of about two hundred and fifty men, on or about the thirtieth day of
September, and while on the high seas, the said ship then being on her passage
to the port of Boston, and about eight or nine o'clock in the evening of that day,
fell in with the wreck of the schooner Josephine, about four or five hundred
miles from the port of New York, said schooner then dnfting about at the mercy
of the waves, and entirely abandoned by her crew, and being derelict, and hav-
ing the appearance of having been broken open and partly plundered.

Second, That, after the discovery of said wreck, a boat was lowered from the
said sloop, and a boat's crew sent on board to take possession of the said wreck
so abandoned, and that after considerable exertion they made fast to the said
schooner with hawsei-s, and altering the course of the said sloop-of-war, pro-
ceeded to the port of New York with the said schooner and cargo in tow, and
continued to tow her for about four days, when, having arrived at the port of
New York, and in perfect safety, she was put in charge of the steamboat Her-
cules, which towed her to the wharf, in said port, where she now lies.

Third. That said schooner was at the time loaded with an assorted cargo, and
was at the time of her wreck bound from Richmond to the West Indies, and
had it not been for the assistance so rendered to the said schooner and cargo,
the same would have been entirely lost.

Fourth, That the libellant was on board said sloop at the time of saving said
schooner, and assisted in saving her and her cargo.

Fifth, That the captain, officers, and crew of the said sloop-of-war, by reason
of the service they so performed, and the risk and hazard they ran in saving the



Digitized by



Google



666 APPENDIX,

said schooner and her cargo, deserve and are justly entitled to meet and com-
petent salvage for such service, and to so much as has been and actually is
usually allotted by this court to persons doing and performing the like seryice,
with all charges and expenses attending the same.

Sixth. That all and singular the premises are true, and within the admiralty
and maritime jurisdiction of the United States, and of this Honorable Court.

Wherefore the libellant prays, that process in due form of law, according to
the course of this Honorable Court, in cases of admiralty and maritime juris-
diction, may issue against the said schooner, her tackle, apparel, and furniture,
and the cargo laden therein, and that all persons having or pretending to have
any right, title, or interest therein may be cited to appear and answer all and
singular the matters aforesaid, and that this Honorable Court would be pleased
to decree such a sum of money, or proportion of the value of the said schooner
Josephine and her cargo, to be due to the libellant and others, salvors, as a com-
pensation for their salvage service, as shall seem meet and reasonable, together
with their costs and expenses in this behalf sustained, and that the said schooner,
her tackle, apparel, and furniture, and the cargo laden therein, may be con-
demned and sold to pay the same, and that the libellants may have such other
and further relief as in law and justice they may be entitled to receive.

BuRB <& Benedict, Proctors and Advocates for Libellant.
(Verification as in No, 1.)



No. 115. — Libel against a ship and cakqo, fob militaby salvaqe.
{From HaWa Admiralty,)

To the Honorable Richard Peters, Esq., Judge of the District Court of the

United States, in and for the District of Pennsylvania.

The libel of John Christian Brevoor, master, and John Schier, seaman, agent
of the ship Fair American, now riding at anchor in the port of Philadelphia, re-
spectfully showeth:

First, That the said ship set sail from the port of Philadelphia, in the United
States of America, on the twenty-second day of September, in the year of our
Lord 1798, and proceeding on her voyage from the port aforesaid to the port of
Havana, to wit, on the eighth day of October in the year aforesaid, between the
hours of nine and ten in the morning, being then, to the best of their judgment,
between five and six miles from the aforesaid port of Havana, was brought to
and captured by a French privateer schooner 1' Enfant de la Grande Revenche,
armed and cruising against the property of the citizens of the United States,
commanded by Captain Koullis. That the commander of the aforesaid privateer
and bis officers, after looking over the papers of the Fair American, declared
said ship and cargo good prize, and took from the ship Fair American, sailing as
aforesaid, her officers and seamen, all except yoiu* libellants and Anthony Facht-
man the cook, who were suifered to remain on board the said ship, and put on
board from the said schooner, a pi-ize master with six white men and two negroes,
and ordered her course to be altered for Cape Francais.

Second. That on the sixteenth day of October in the same year, between the
hours of nine and ten in the morning, the said ship Fair American being then
in latitude 28° 45' North and longitude 80° 30' West, under the command of the
said French prize master, seamen, and negroes, and having been under their



Digitized by



Google



PEACTICAL FORMS. 567

command and control upwards of forty-eight hours, your libellants then and
there, being and remaining on board the said ship Fair American, assisted by
the aforesaid Anthony Fachtman the cook, did by great labor and enterprise,
and at the manifest risk of their lives, recapture and take from the hands and
control of the said French prize master, seamen, and negroes, the said ship Fair
American, and did alter her course for the port of Charleston, in the State of



Online LibraryErastus Cornelius BenedictThe American admiralty, its jurisdiction and practice, with practical forms and directions → online text (page 60 of 80)