THE' CASSANDRA ADAMS.
"was cooked tn the·filattel' of the dead reckoning entries; and 1 confess'to surprise that a m8steras oompetentasthe libelant is shown to be should 'havekeptsuch a log ashe'did. But no damage resulted from this careless and reprehensible way of keeping the log,and it seems to me to 'put the libelant in the grade of a common seaman,as 1;() his wages, for .thisnegleci, would be severepuniRhment. ;He win, in my opinion, be sufficiently punisl,l.ed for having been com'pelledto anefor his wages,and by refusing him costs. . , He may have a decree for his wages at the rate mentioned in the articles, 'Withoutcosts,for I entertain no doubt as to the right of a sailing-maSter toa lien for wages. The libelant was not master of the yacht. He had 'nd oontr61over the voyages' of the vessel, nor authority to buy supplies. .Hisflltietions were confined to the navigation of the ship, and those he fperfdrnled under the, direction of the owner, who was the master.
and others "". THE
(DiBtriot (Jouri,E. D. New York. March 14, 1887.)
The bark Cassandra Adams;loaded with ore. went ashore on the Romer shoal, oft New York harbor, two hours before hil!ih water, Friday afternoon, and was unable to clear,herself. She hired a pilot,boat to fetch her a tug. T,h,ereafter, the tug B. coming to her. she agreed to pay the tug $500 if unsuccessful, and $800 if succellsful, in getting her oft the shoal. Meantime the pilot·boathad found ana sent the tug H. to the bark about 11 o'clock that night, and on the following'morning the two the bark off the shoal. only have been taken ,off at high water; ·The next high water after She she was taken 'off Was Saturday night., During Saturday the worst storm of the season was brewing. If the bark had not rescued Saturday morning, she would probably have bf}en entirely lost, or would had to pay a heavy salvage to a tug taking hei- off in the gale.. It was doubtful if the tU$ B. could have saved her alone. or if another tug would have come to her assIstance in time. The bark and cargo were worth $200,000. 'The tug H. was worth $26,000. She was in no danger, nor called on for extraordinary skill or unusual exertion. HeW, that she should recover $3,500 all salvage.
ASHORE-J:M:i.ENDING GU,E-lb:sOUE BY TuG.
In Admiralty. Butler, Stillman & Hubbard, forlibelants. Owen .& Gray, for claimant. BENEDIC'1', J. This is an action to recover salvage of the bark Cassandra Adams,.her cargo and freight. This vessel was rescued from the place where she had grounded, upon the Romer shoal, off the harbor <» New York. Her draught was 19 feet 9 inches forward, and 20 feet aft. She wept ashpre two hours before high water,,on Friday afternoon,
FEDERAL REPORTER. .
February 13th. At high watl3r $he was aground her full length. Her cargo"cpnsisted of 300 tonsoforejn her hold. Although she grounded two bef(j)rehigh water; was unable, in the two hours that remained before the tide commenced to fall, to relieve herself. It is evi. she could. ,D,ot break herself clear by means of her sails and her anchor. Assistance was a necessity. . This she realized, ,for she paid $300 to a pilbt-boat 'which at her request went to tind a tug to come to her relief. After: ,the had gone, ,the tug Baltic ,came,toher, and bargained witb:herthat she should attempt to get her ,off at high tide for the S11m of $500 if she waf;! unsuccessful, and $800 ifsucoessful. , ,Tbe 'weathel' was full of heavy ice, in which the to bring aid Was caught. ,When so caught, the Haviland, bound to a ball a steal.ll-:tug having on boardn ipQ.rty of pleasure on Sandy Hook, came to her, and was informed of the situation of the Cassandra Adams; whereupon she landed her passengers, abandoned them to their fate, and, having relieved the pilot-boat from the ice, and taken a pilot to point out the location of the bark, proceeded to the bark. She arrived along-side at a1:),Clut 1,1 o'clock at night, and was requested to lie by till morning, and thEm take hold with the Baltic, and endeavor upon the understanding that she should have nothto get the ing unless successful, and if successful the reward should be determined by arbitration on shore. Later it. was determined that the matter should be left to the court instead of to arbitration. At as soon as the bark began to 'feel the rising tide, both,tugstook h.old of her, and towed her off the shoal, and she was taken by, the Haviland to Pierrepont Stores, Brooklyn, where she ar,rived iriS!lfety a,t about breakfast time. The value of the Cassandra Adams and her cargo was $200,000. The value,C!f'the Haviland was $26,000. The only question in dispute is as to the peril to Which tht! Cassandra Adams was exposed. The' claimants cQl1tend >that, without the aid of the Haviland, ,the bark w,oWClcertail?1Y have been relieved, if not by the Baltic, by some other ,tugj and having paid$SOO to the pilot, and $800 to the Baltic, they consider $1,500 to be a sufficient sum for them to pay the Haviland. ,Oti'th" other hand, the 'libelants contend that the Baltic, unassisted, could not have relieved the bark; that no other tug was in sight on Saturday morning; that the worst storm of the winter was then brewing, which on Saturday night 'burst furiously, and would surely have destroyed the bark had she remained on the shoal; wherefore they say the reward should be as for saving the bark from certain destruction. Upon the evidence, it is hard to say that the Baltic unassisted would have beeJ;l able to relieve the bark. It is evident that themaster doubted l,1er ability, f%; although the Bllltic was present, he gladly engaged the It il3alsoimpossible to say that the rescue of services the bark by sOple was certain. Time, it is to be remembered, was of the greatest importance on this occasion. The bark could only be moved at high water·. On Saturday morning the Baltic and the Haviland
.MARY N. HOGAN.
were the Only tugs insight, and a refusal of·assistance by the Haviland w:ov;ld,in.the event of a the Baltic,--a result contemplated as possible, for she agreed for $500 incase of failure, -have been followed by thetotalloas ofthe bark and her cargo, unless she should be'got off at the nexlllfgh'Wfe. After that tbestorm was tOo furi()us to permit of any effort to relieve her. The next high tide was at 7 o'clock Saturday evening. During Saturday a fresh breeze blew, which increased as the day wore on. When the tide rose it was such, I judge, as would have rendered the attempt to get the bark off on that tide 8, serious undertaking for any tug. That the condition of the bark would have been known in New Yor'k on, Saturday ,morning, and that some Of the numerous tugs always available in New York'harbor would have gone to her aid on Saturday, 1 do not doubt. BUft,.loaded as the bark was, no tug would have attempted'to move her until high tide, and, as the wind was at the next ti(le, moving her then would have involved great exertion, and,as it seems to me; would bavebeen attended with some risk of total failure. Certainly her reSClie by a salvor at that time would have subjected her to a liability for salvage 'exceeding in amount the sum now claimed by the Haviland. I am unable, therefore, to agree with the claimants in their contention that, withlYut the aid of the Haviland, the bark was sure of being bauledoff by some otber tug. I agree, however, that some chance of being hauled .off by another tug was open to the bark. This circumstance is to .be considered in determining the value of the services rendered. It isfiJao tQ,be considered that the tng was put to no risk wbatever, not"·was sbeoalled ou·to, display extraordinary skill, or pnt forth unusual, exertion, and she was occupied but a few hours; 80 that, although the '\talue of the property saved was considerable, and the damage to which it was exposed was serious, the tug can be largely rewarded for tbetime'expended without making the charge burdensome to the bark. In view :of all the circumstances, I think $3,500 will be a proper salvage reward,and .for that sum with costs let a decree be entered.
THE MARY N. HOGAN.·
THE MARY N. HOGAN, etc.
(Dilltrict Oourt, E.
8ALTAGJIl-TlJ'a-Loss 01l' :MOTIVE POWER-PILOT-BoA'J.'.-HoLDING TUG DURING
Tlle tug H., when some 30 miles E. B. E. of the Highlands, rolled her smokestack off, and thereby lost her motive power. The pilot-boat W. attempted to take her to New York, but'was unable to do 80, and, the 'Wlld increasing,
J RepOrted' by
Edward a.Benedict,. Esq;, oithe New York bar.