The Maritime History of the Great Lakes
British Whig (Kingston, ON), April 1, 1882

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Salvage Case Decided.

In the United States District Court, Milwaukee, on Wednesday, Judge Dyer rendered a judgement of $1,700 for the plaintiff in the well known salvage suit of Thomas Bewick vs the Schooner Hyderabad, owned in this city by Messrs. W. Power and Gunn & Co. The Judge's opinion is very voluminous, and of interest to marine men, as it effectually settles the point that salvage can exist on inland waters. The causes from which the suit arose are as follows: On the 6th day of June, 1880, the schooners Ford River and Hyderabad met in a collision off Point Aux Barques, and the latter was injured so badly that some fears for her safety were entertained by her crew. She was wheat laden for Kingston, and as the water continued to pour into a large hole in her quarter the crew abandoned her and went on board the Ford River, which sailed for Manitowoc from Milwaukee. A tug was procured and search for the unfortunate schooner began. In the meantime the steambarge Alpena, of which the libellant is owner, had discovered the condition of the Hyderabad and took her in tow for Milwaukee. Judge Dyer held that it was clearly the duty of the master of the Alpena to attempt to rescue the Hyderabad, and inasmuch as the latter's crew had abandoned her when it was apparent that they only jeopardized their lives by remaining on board, the plaintiff was entitled to salvage to the amount above shown.

The evidence has been published in pamphlet form. The first book contains 121 pages. Messrs. Finches, Lynde & Miller were proctors for libellants, and Geo. C. Markham for the claimants. The brief of the defendants was prepared by Mr. Markham and is well worth perusal. In his address he said:

"The value of the Hyderabad was fixed at $8,050, and her cargo sold for $9,541.87; and the libellant Bewick modestly demands a compensation of $20,000 for towing a vessel and cargo into a smooth sea directly towards the port he was bound for, a distance of 35 miles, and valued at $17,591.87. I may be wrong but I think Bewick is a first cousin of Shylock, and a near relative of Capt. Kidd. At all events the thirteen sailors who have filed their libel in this matter must be lineal descendants of Kidd." "Every man of them expected that the bigger the story he told the more money would find its way into his pocket."

The owners of the vessel paid $1,500 into court as just compensation for the work done by the Alpena. They were not far astray of the amount that should be paid. It was stated that $10,000 would not repair the vessel. They were made, after the grain was taken out at Milwaukee, for less than $30. Afterwards the vessel brought a cargo of wheat to Kingston without wetting a kernal. The owners of the vessel here are well satisfied with the decision.

Marine News.

A boat will probably be put on the route between Cape Vincent and Alexandria Bay early next month.

When the schr. B.W. Folger arrived at Oswego yesterday she was covered with ice and had a boom broken.

Capt. Wm. Williams has been appointed Marine Inspector for Oswego and vicinity for the inland Lloyds.

The tug Traveller took the barge Princess this morning to Brockville, where she will load peas for Montreal.

Capt. J.H. Scott will be the commander of the prop. Alma Munro, plying between Montreal and Lake Erie.

The St. Lawrence line is said to be the name under which the Ontario and Richelieu Company (sic - Richelieu and Ontario Nav. Co. ) boats will run in the future - on Lake Ontario at least.

Mr. Joseph Pierson today presented to the Minister of Railways the petition respecting the life-saving station, and the making of Weller's Bay the eastern outlet to the Murray Canal.

The schooners Grantham and Florida were towed from Collinsby today. The first named is loaded with 500 tons and the latter with 300 tons of ice. The Grantham will clear for Cleveland.

Massassaga Point, near Belleville, has been rented to the owners of the steamer Nellie Cuthbert. It is their intention to turn the Point into a sort of public promenade. The Nellie Cuthbert will ply regularly between the Point and Belleville.

Last year the Pierrepont made her first trip to Gananoque on the 22nd of April, nearly a month later than this season. Her last trip here, before laying up, was 3rd of January, 1882, being an interval between seasons of not quite three months.

p.3 Accident At Garden Island - man hurt while putting ashpan into str. John A. Macdonald.

Whats The News? - Another hitch has occurred in the leasing of the R. & O. Co.'s Upper lake boats by Mr. Lunt, who is a member of the Company, and will carry matters of dispute into the United States Court.

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Date of Original:
April 1, 1882
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Rick Neilson
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Public domain: Copyright has expired according to the applicable Canadian or American laws. No restrictions on use.
Maritime History of the Great Lakes
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British Whig (Kingston, ON), April 1, 1882