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MARITIME LAW. SALVAGE — UNWARRANTABLE INTERFER- ENCE BY SALVOR— TOWAGE— NEGLI- GENCE,—LO8s OF CARGO. U. S. District Court, Southern District of Ghe Marine Record. Huasted’s officious and unjustifiable inter- ference with the duties of the Chapman and the practical collusion by which the lighter was turned over to the Husted to make a job against the master’s will; the Husted’s subsequent groundless claims for salvage; and the subsequent detention of First-class Merchant Tailoring Done in the nobbiest style. according to monthly new fashion plates; made by none but first-class mechanics and none delivered unless to the entire taste or the Customer, can be procured by Jos. L. Kohn, practical EAGLE IRON WORKS, MANUFACTURERS OF Duplex,Hoisting &Deck Engines — a New York. the lighter from her owners. In the first tailor and cutter at the tailoring depariment| CO = = i -"~o a While the lighter Success was being towed | action the libellant is entitled to a decree o oe panda clg Sass esl Was aged sae 3s feted = 4 up the North re Me the coe tale dente for the damages to the lighter by running| p-y Goods Store, Cleveland, O | = — ie = a er, store, Cle »U. co aes lua fa tnke bet igi ashe ta be pomped | ber boweprit upon the wharf with costs;| In the rear of the above Store a fine stock Oo = © > Oo wm 4 out, The tag Husted came up and offered |and a reference to compute the damages if| of the latest patterns of Cass meres, Cloths, | wo - —_ a hs ‘ Over Goatings, Silk Vestings, oun be found f= ed GS <= her services, which were declined by the | nor agreed on. A I c 3 ter of the lighter; nevertheless the Hus- . and owing to the fact, that this yonng genius | TS CO Ss nOo= tony with the evident Manenrrends of ttie| CceePPrs; 1886. of a garment cutter Mr. Jos. L. Kohn does| @ 0% == > =o => = Par his own cutting, (which alone saves $30 per| > Chapman, et ue ni. ed A ae ane A CAPLPAIN CAPTURED. werk) and bio ths appartment in ne aN co To Pad = n” => — re, an ) ; : ; 7 pt etia + Hrdlel adie the arom the lighter What promises to be an interesting case, | Store free of any expense it enables him to| ey = H @ a = © received two heavy lurehes, which threw says an Owen Sound despatch, will come Save the po daar from $6 to $10 on every | CO me) = oO Oo overboard some of her cargo. Suit was|up before the police magistrate in a few | Ul! ee onvitee.yourselt by call-| sa egy = @ ay > brought by the Husted against the lighter T ; ¢ | De at 218 Detroit street, second door from | ==" py = oe r ad y Pa community sttie lighter days. The circumstances are these: About| oggrner Pearl known as Boston Dry Guods rae} o:= nan a 2 ndac coil . ple es Husted for the loss of the cargo. eighteen years ago a schooner, the Ex | 3:ore of KOHN & CO., Cleveland, O. = - = : = Held, that as the lighter was continually in | plorer, with a cargo consisting of mill ma- RARE ACEO RES @ 4 =< [=] Eee} charge of the tug Chapman, the whole pro- | ohinery and 200 barrels of whiskey, ran on PR einer Ofice, Arperecie) ae MORAL eee cies 2]. ~m 20 Paty ceeding of the Husted was offisious and un- a rock near Tobermory, and was reported | proposals in duplicate, wiil be receivea at this office] = = — warranted, and her suit tor salvage should re until 12 o’cloek m , on Monday, the 17th day of De- . be dismis ed wih costs; while for the’ loss | lost. There was a crew of four on board— | cember next. at which time they will be opened in e aismis € i 4 fe 1 | $ ‘ faa i ; The the presence of bidders, for constructing 6 0 lineal of her cargo the lighter was entitled to | the captain, his son and two men, 1€ | feet, more or less, of the structure of east breakwater recover against the tug. captain and his son escaped, the other two} at Cleveland, Ohio. Preference ‘will be given to ma- : 2 4 _ | tewials and plant of bomestiec prodnction or manu- The proof does not estab! ish that the | went down with the boat. The story of | facture, conditions of CHAM 7e Ls price [import du- F ries ine being equal. The atte idders libellant’s lighter Success was overloaded, | the wreck told by the captain, whose name Hetero i Ohnbaneend a aoe eae ae tee, or improperly loaded, or loaded. more than | | C ees | xe All information can be cbtained at this offie. The usual. In going up the North river, in | the vessel ran bard on and shifted her cargo | United states reserves the right to reject any or all a, ‘OOPER 2 ; P Enphd- tow of the tug Chapman, on a hawser, she | forward. Sending the two men down to eo pnalay L. COOPER OVERMAN, Major of Bogtd shipped consicerable water through the | effect of the swells from passing steamers; and the hatches not being tight, so much water was taken in her hold us to make her and render it inexpedient to con- tinue her trip. The best thing to do was to take her ashore to be pampedout. Nothing more was needed. While the Chapman was backing down alongside of her the Husted came up and cffered to pump her out, for which she bad means, while the Chapman had not. The Husted’s captain, in answer to inquiries, not stating the charge for bumping out, the captain of the lighter de- clined his services. It is clear that the captain of the Husted was determined to get, or take, a job; and the Chapman evi- dently was willing to facilitate this, and’ to get rid of further trouble with the lighter; and the captain of the Husted, with the evi- dent concurrence of the Chapman, therefore took the lighter in charge, got out a hawser, and proc-eded to tow her into pier 41, North river, where ke pumped her vut About the time of making fast his hawser, or soon afterward, the lighter received two heavy lurches from swells, and a part of the oii barrels. with which she was loaded went overboard. The captain of the light- cranky, is Waddell, was that, when striking the rock, shift it aft, the boat swung off the rock and went down bow foremost, carrying the two men withit, Reaching this place, the tale was related and the insurance collected on the vessel and cargo, Ugly rumors began to float about. Shortly after Waddell and his son were out in a small boat on Lake Huron, and it was told by the boy that the beat capsized and his father was drowned. He, in his drip- ping clothes, took the farmer, at whoze house on the shore he first appear. d, and showed him the upturned boat on the shore. Thestory was received as fact and nothing more thought of the matter till about six years ago, when the crew of a small coasting vessel going around picking up wreckage were informed of the sinking of the schooner, with mill machinery and whiskey aboard. The thought of securing |, two hundred barrels of ‘12 year-old’? was sufficient inducement to raise the bout, so they went to work, and for their trouble found thatthe Explorer had a full cargo of rocks and the two bodies of the crew among them, The bottom had been bored through in several pluces, and the whole surronnd- ings indicated a case of cold blooded mur- der. and Feb 23, 1387, vol. 24, page 414, statutes at large, CORRUGATED ALL StS AND WITH FLANGED PLAIN BND. THE SIMPLES! AND BES OL kFEKED—SATISFACTION GUARANTEED, SUBMER GID HLUE BOILERS Engines, Boilers and Pumps.on Hand for Prompt Shipment. CIRCULARS AND PRICES ON APPLICATION. Woodbridge, Fifth, and Fifth and Congress- “Sts, Detroit, etroit, Mich, FLUES Manufactured | SOLELY IN. THE ‘UNITED STATES UNDER OUR OWN PaTENTS AND THOSE OF Samson. For, Take 10th or 23) Street Ferries Tuos. F, RowLa ND, President. from New York! Warren i. Hint, to Greenport | Tos. F ROWLAND, JR., Treas THE CONTIN ENT TAL IRO Cuas. H. Corbet, } Vice Presidents, Leeds. England. , N WORKS, BROOKLYN, NEW YORK. urer. hese a) THE NEW YORK BELTI NG AND PACKING t Vulcanized Rubber Packing of Every Description. er had been put by the Chapman.on board] ‘These circumstances called. up, the re-| | Xe BROS EES SEAS a er ; | paAses SCRA Aa SAAR the Husted, whose captain refused to allow | membrance of Waddell to some of lis for- 03883539933 13333333 eeehey 23233933333 33233333 Sent HUBBER M ATS A ND STAIR- “TREAD him to go on the lighter, claiming it to be mer acquaintances and to their great svr-| BES eee cosine ROS SOOO Soe his charge, The captain of the| prise, they recognized the captain in Chica. | | BDI BS Restos | Hop Halls, Floors, De testifiies that he demanded to be put | go, They reported the tact to a sriend of ee CER WS XOX Soot chs and Companionways;| lighter in order to steer it, and | theirs, Mr. Horace Lymburner, of this town, | | 5% 3252888 Rees Eee 259. eaeeHad Rubber Belti dss cf the barrels was| who was a'so acquainted with Waddell, eee Boeeeeey ee 5a b ng Packing and Hose, | want of steering, and from the Tocemenite in tow of the Husted. This is denied by witnesses for the latter. The whole proceeding on‘the part of the Husted I must hold to bea gro s abrse, It is now claimed that the Success was aband- oned; a claim wholly without foundation, The Chapman wus as well able as the Hus- ted to take her to either shore. The lighter was in charge of the Chapman, and what- ever the immediate manoeuvres were, there was evidently no thought of abandon- ing her by either ber master ef the Chap- man, There was not the slightest cause for abandonment, and it was the Chapman’s duty to take the lighter to a place of safety. It would seem, however, that upon the ad- vice of the latter, the captain of the lighter finally assented that the Husted thould take her ashore to be pumped out, and nothing more. The Hueted thereby became merely a substitu‘e for the Chapman in taking the lighter into the pier, and in performing the duty that belonged to the Chapmun. As the Chapman was perfectly able to perform it, and would have done co but for the Hus- ted’s proffer; there is no foundation for any | elaim of salvage as claimed in the second above entitled case. The element of dan- ger, practically, was wholly wanting. The claim was set up, however, as soon as the Hnsted had secured posession of the lighter, and the owners, for several days afterwards, were debarred fiom any posession or con- trol of the lighter. I aw satisfied from the evidence that in approaching the wharf the jibboon of the lighter was run up over the pier, and dam- ages were thereby caused to the lighter, for which the owners of the Husted must an- sewer. Considering the unstable coudition of the lighter amid the swells, although at least 20 minutes bad elapsed after she had taken the water aboard, and no further trouble bad arisen while she was in the Chapman’s charge, in the conflict of evi- dence, I am not 'so clear that the dumping of the barrels was caused by the imprudence of the Husted or by want of steering, as to feel authorized to charge her with the cost of picking up the barrels or the logs of those that were not recovered, The suit for salvage must be dismissed with costs. Any claim that the Husted might have been entitled to for pumping out, and for the time spent in towing her into the dock in plaee of the Chapman, I regard as fully offset by the injury and the loss to the owner of the lighter through the having shipped a cargo of lumber in the Explorer. Imagine Mr. Lymburner’s sur- prise when a few days ago ‘who should turn up on our streets but Waddell. Greet- ing him as Captain Waddell the sian re- plied, with a startled glare in his eye-: “Tam not Captain Waddell.’’ And shot past him. He was also recog. nized by a Captain Morrow, who infor med P.C. McAuley. This constable has the case in hand and is working it up with good prospects of bringing the guilty man to justice. In the meantime Waddell is serving a fifteen day’s term in jail for being drunk, It is supposed that the whiskey was’ sold and the proceeds pocketed, and the mil! ma- chinery is reported to be now’in use in a eawmill on the north shore somewhere, being run by a son of Waddell, Should the case be proven, it will be one of the most sensational ever brougbt up here. The appearance of the man ‘who is now in jail, and reported to be Waddell, is that of a most desperate character; so much 60 as to cause the magistrate to re- mark that he was the most villianous look- ing individual who had ever appeared be- fore him. ‘here is a peculiarity in his walk which is identical with that of Wad= dell. The Crown Attorney has taken up the case and is making inquiries of the in- snranee compunies interested, Captain Gaskin states that, he remembers the incidents convected with the above mentioned wreck quite well. He was pleased to learn that the captain of the vessel had been placed in charge. DIXON’S SILICA GRAPHITE PAINT, Durabie and Beautiful. Unaffected by heat or cold, dampness, salt air, rast oreven asids, For smoke stacks, boiler fronts, tin roofs er metal work this paint is far superior to any- thing made, For details send for circulars. Joseph Dixon Crucible Co,. Jersey City, N. 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