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MARINE LAW. DEMURRAGE. U.S. Circuit Court, South, Dist. New York. Andreas ‘leiloan against Otto Plock, etal. Wallace, J. This is a libel by the master of the Nor- wegian bark Annie against the respondents as consignees of part of the cargo for demur- rage for three days’ detention in discharging cargo. ‘The cargo was carried under a char ter party with one Wissman, and was con- signed to several consignees, and consisted of empty petroleum burrels, fron rails and pig iron, the barrels being stowed on top, The respondents were the consiguees of the iron rails only, and these were shipped un- der a bill of lading which, after providing for the terms of freight, specified that the cargo should be discharged at the same place asthe other cargo, to commence immediately after the arrival of the ship, without delay, and ‘all other conditions as per charter party with Mr. Wiseman.”? The charter provided for loading and discharging the vessel with customary quick dispatch, the cargo to be received and delivered alongside the vessel within reach. of .her tackles, at consignee’s risk and expense, lighterage, it any, to be borne by the cargo, and tor de- murrage at the rate af £9 per day for each day’s detention by default of charterer The bark arrived at the port of New York. August 80, 1880, and proceeded to the At- lantic dock to discharge the barrels. The respondents were duly notified by the agent of the vessel owners, and asked to attend to the discharge of the rails as soon as the bar- rels should be discharged, and they prom- ised to send a lighter to receive the rails if they could. obtain a custom house permit. On September 3d, the captain of the lighter- man to whorh respondents had given a de-, livery order, left the order with the mate o the bark, promised to send a lighter as soon as she was ready to discharge the rails, and was informed by the mate that she would be ready the next morning between 9 and 10 o’clock. At that time she was not alongside the wharf, but was discharging the barrels while lying aside of another vessel. On Sat- urday, September 4th, the captain of the lighter called and got the order back again, took it away, and returned in the afternoon and stated that he could not get permission to discharge the iron from the custom house authorities unless they were allowed to weigh it on the deck of the vessel. It was not customary to permit a discharge of iron upon a lighter unless the iron was first weighed on the deck of the ship. The mate referred him to the agent of the vessel, who was not on board, but the captain of the lighter refused to look up the agent. The vessel did not obtain a berth alongside the wharf until Saturday afternoon. ‘The own- ers of the dock would not allow iron to be landed on their dock even for the purpose of weighing. Nothing more was done in behalf of the respondents, but on ‘Tuesday, but pursuant to an understanding that they would receive the rails at Merchants Stores, the bark prodeeded there, where, on Wednes- day, the rails were put upon the wharf, weighed, and taken away by the lighter. If the libellant is entitled to recover any demurrage it must be upon the theory that the respondents were under obligation eith er to receive the rails upon the lighter un- der the circumstances of the case, or to se- lect a suitable wharf for the purpose. Neith- er of these propositions can be maintained. By the terms of the bill of lading the re- spondents became parties to all the condi- tions of the charter party except such as were supplanted or modified by the special conditions of the bill of lading. Davis vs. Wallace, 8 Cliff, 130; Smith vs Sieveking 4 E. & B. 945; Wegevar vs. Smith 24 L. J. C. Pp. 25. But they. were under no obligation to accept a delivery of their part of the cargo upon a lighter upon the absence of proof of any usage of the port authorizing such a de- livery by the carrier. The conditions of the charter party providing for the delivering the cargo alongside the vessel at the con- signee’s risk and expense, and for the pay- ment of the lighterage, were undoubtedly in- tended for the proection of the carrier and to relieve him from resy onsibllity or expense in protecting or warehousing the cargo in case the consignees should neglect to receive it after proper notice. Other than this they impose no exceptional liability up- on the respondents. The charter party and THE | the bill of lading together import au obliga- tion on the part of the consignees to aecept their part of she cargo at any suitable place of delivery without delay as soon as the cou dition of the ship in reference to the rest of the cargo would permit their part to be de- livered, ‘hey were vot obliged to take the rails until they eould be delivered by the ship, and then they were bound to take them without delay. The plaice of delivery seems to have been selected by the master or by the ship’s agent. .It was not a snitable place, because the own- ers of the Atlanticdocks did not permit rails to be landed on their dock, and would not allow these rails to be landed there. ‘The respondents, x8 owners of a part only of the cargo, had no right to control the selection of the place of delivery. lhey had stipulated to receive their rails at the place where the rest of the cargo should be delivered. ‘The charterer did not assume to select the place of delivery, nor did the other: consignees. The ease is like one where a general ship undertakes a delivery to several consignees of their respective parts of the cargo. It is doubtful. in such a case whether the con- signees jointly have any right to select the place of delivery. In the E. H. Fittler, 1 Lowell 114, it was held thac they have such aright When they are unanimous, but the question was decided upon the usage of the port. Where there are several consignees the master cannot conveniently consult them, and certainly, unless they unite in the selection of the place of delivery, his duty is satisfied by a delivery at a place suitable and reasonably convenient for all under the spe- cial circumstances, His contract is fulfilled by delivery from the ship at a proper place withiathe port. If he does not deliver to the consignee personally, he must justify his’ substituted delivery by showing that it wae in accordance with the terms of his contract, or with the usage of the port, or with the course of business between the parties. Guat- liffe v. Bowne, 4 King, N. C. 413; 3M. &G. 642; 7 do. 850; Humphreys v. Reed, 6 Whart. 435; Hemphill v. Chenie, 6 Watts. & S. 62; Ostrander v. Brown, 15 Johns. 39. The respondents are not liable because they failed to select a place to receive their cargo when they had no power of selection. The libelant was not obliged to await their action. He cannot hold them responsible fox a delay which would not have occurred if he had performed his own duty. ‘Ther undertook that there should be no delay in the delivery of the cargo on their part, but they did not undertake to assume liability for his delay or for his failure to offer a suit- able delivery to them. If the respondents had assumed to direct a delivery upon the lighter or had promised unqualifiedly to pro- vide a lighter for the reception of their rails a foundation for the claim for damurrage would be established. But they stated to the vesrel’s agent that they would send-a lighter if they could get a permit. It 1s true the cap- tain of the lighter informed the libelant that he would be ready to receive the rails when the ship was ready to discharge them, but when ‘that time came he informed the mate, who was then in charge of the vessel, that he could not get permission of the cus- toms authorities to take them unless they could be weighed on the deck of the vessel. No delay ensued in consequence of his promise to take them. As it was understood from the outset that acceptance of delivery upon the lighter was conditional upon the consent of the customs authorities it was in- cumbent upon the libelant to consent when requested, or to treat the negotiations as ended and select his own place of delivery. The respondents held out no inducements for further delay, and in the absence of any circumstances relieving the libelants from the duty of procuring a suitable place to dis- charge the rails, or showing his inability to} do so, he has no reason to complain of the delay. : The decree of the District Court is af- firmed with costs, (Endorsed) United States Circuit Court, southern district of N. Y.—Treilman vy. Plock—Opinion Wallace, J.—United States Circuit Court—Filed July 30, 1884—-Tim othy Griffith, Clerk. A very large fleet of vessels was on the market Monday. Sales were good and the greater portion were away from the market Tuesday, MARINE RECORD. DEATH OF CAPT. ROBERT WATER- MAN, Special Correspondence Marine Record. New York, September 8. A man whose name and fame is familliar to every old-time seaman and navigator, ship- builder and owner, in tuis and many-other eastern Cities, has at last gone to that sleep which knows no waking. Cap:ain Robert Waterman, better known as “Bully Bob” Waterman, was born in the little town ot Fairfield, Conn , about three score and ten years ago, and died last week, in bed, at the Lick House, San Francisco, although it was often predicted that he would cast off the mortal coil with his boots on, because of the tyrannical cruelty practiced by him upon his sailors, while in command of clipper ships during the gold fever, bound to California in 1849, and in fact, till he had retired from the sea altogether, but more particularly durivg the year named. His ships, instead of being sailors’ homes at sea, were verita- ble floating hells, and I can only compare the fiendish acts ot barbarity committed by him to those done by that brutal navigator, Captain ‘‘Billy’? Patterson, on board his three-and-after, Jefferson Borden, a name which had to be changed, as it was to sailors synonymous with-a hell afloat, and men could not be found who were willing to man her, becausé they were afraid of the assaults and blows of “Billy’? Patterson, none ever daring to strike him back. “Bully”? Waterman wasa marine by name, but a cowardly soldier by nature, fighting only those who were weak and unarmed. At sea he knew no mercy, and once out of sight of land, nosuch a sentiment as pity was known to him, and sick or well, every man had to work, and painful and severe punishment awaited the unfortunate seaman who failed in even the least of his duties. It was nothing but constant, endless toil, day and night, from the time he left New York until he arrived in ‘‘Frisco.” He was a dreadful driver, both of men and of his ships, which carried on sailina galeof wind “till all was blue,’’ as the phrase goes, and it is related that on one passage round the Horn, in the dead of winter (July,) he locked his topsail sheets before going below, to pre- vent the mate from turling the sail when it came on to blow harder. ‘The ship labored and strained in a seaway, while the blast shrieked and groaned through her shrouds and lifted the sea und spray till she was one lather of foam from stem to stern, but, al- though it was blowing great guns, never a a topsail sheet was started until the sail was blown clean out of the boltropes with a noise like the booming of heaven’s artillery, thun- der. During all this time there were two hands at the wheel and two on the topgal- lant forecastle; the rest being kept at the pnmps till all hands were called either to tack, or wear ship, or else set a maintop- gallant sail over the reefed topsail. ‘While mate, he won the reputation of grinding more work out of twenty men than any other officer could out of forty able-bodied mariners. His remarkable passage of sev- enty-six days from Canton to New York in the flat-bottomed ship Natchez, in the palmy days of Yankee clipper ships, was only won by the sacrifice of life and property. In this memorable trip his vessel never tacked once from the time he left China untll he reached this port, aud he was the first man to bring back the news of his own arrival in the ce- lestial empire. ‘This achievement is said to have created much excitement, and it re: ceived more notice from the press than a passage of six days from Queenstown to New York by a steamer would do now. He af. terward commanded the clipper ships Sea and Water Witch, both of which always made the passuge from Hong Kong to New York in less than 100 days. It was no un- usual thing for all hands to be ealled to “prayers”? on Sunday morning at seven bells. ‘This mockery was nothing more nor less than to witness punishment. Some poor wretch had, during the week, brought about -the “old man’s’? wrath, and he selected the Sabbath as a day of punishment, stringing the victim up by the wrists to the rigging, in the shape of a spread eagle. When the watches had both mustered aft the skipper ordered bare heads, and then, with his own hands, commenced a scene which makes the heart sick to think of. With a cat-of-nine- tails he lashed the back until the flesh was flaked with crimson cuts, which quivered — again at each fresh blow, causing exclama. tions of pain and agory from the helplege prisoner. Another favorite amusement of his was to throw belaying pins (which he called, belaying pin songs,) after the men when they did not go fast enough aloft. But perhaps the most cold-blooded and coward) of all his abuse was striking men with brags and steel knuckles, the most deadly of all criminal weapons. An old Yankee sailor fisherman happened to be on the lookout. : one night on board of Waterman’s Witch asthe ship Water Witch was commonly called, when the wind howled through the rigging till you couldn’t hear yourself speak, and when eight. bells struck ‘the ancient mariner could not hear it, so stuck to hig post until ‘Bully Bob” came forward with an oath and vile epithet, struck him eight blows with a marlin-spike, at the’ same time ordering him to strike the forecastle bell, The poor old fellow was old enough to be Bob Waterman’s father, and the injury he received was so great as to make him stone deaf ever afterward, His aversion to foreigners, particularly Dutchmen, or Dago’s, as he called the sail. ors from southern Europe, was so great that he swore, on one trip, that he would kill every yah-yah, meaning the Germans, be. fore he got into port. A young Frenchman among his crew, while on a passage from China to this port, had the misfortune to have an abcess form on his leg, and tor days lingered about the deck in agony, the cap- tain refusing to let him go below, nor would he send his medicine forward to him, but announced that if any other sailor would bring him into the after cabin he would be treated. One of the patient’s young com- rades brought the sufferer to the cabin where he received a dose of blood-purifying medi- cine, but as they turned to go back the skip. per called them and told the assistant that he and every other fellow who brought that Frenchman into his saloon must drink the same as he takes. Among the devices for causing pain and humiliation to greenhorns was one which appeared to take his fancy very much, viz., calling the poor lunkhead, or land-lubber, out of his bed at a quarter to four in the morning and making him go up to the croas trees, where the crow’s nest.is located ina whaler, and there imitate a rooster crowing until eight bella were struck and the other watch went below. Marching fore and aft the lee side of the poop with a handspikeat his side, like a soldier, was also resorted to asa light punishment for “things,” who had never been to sea before. While eigh men were reefing the foretopsail one stormy night, Waterman came forward and let go the weather brace, which caused the yard to spring suddenly, at the same time throw- ing four men overboard, all of whom were lost. There was little doutb that this thing was accidentally. done, as it is said that the skipper declared the topsuil brace got away from him and it could not be avoided. In 1851, N. L. and G. Griswold contracted with Wm. H. Webb, of this city, to build the ship Challenge, which was to beat every thing afloat. This vessel was commanded by Waterman, who made her and everything aboard of her, fly like a race horse, and It was while on ber that he shot » man from the yard arm and let him drop overboard to die. Several years ago he settled in Cali- fornia, and grew rich and fat on his ranche, beside holding the position of inspector of hulls for the port of San Francisco until 1882, when he retired with much of this world’s goods. G. Foster Howell. The steambarge Missouri was among th fleet on the lumber market last week. She 8 well known onthe lower lakes, where she has done good service for a number of years, $a A raise on cargo rates was made Tuesday at Chicago by the marine insurance comp% nies not In the insurance pool—namely, the Girard, Northwestern, St. Paul, Continental and the British America. ‘The companies have been writing cargo insurance to But- falo at 2214 to 25 cents per $100, but have run up the rates for the stormy seaso” . most at hand. ‘The following schedule we adopted: ‘To Buffalo, 40 cents per ee Sarnia, 85 cents; Collingwood, 40 cents: Oswego, 60 cents; Ogdensburg, $1.20; ovher Lake Erie ports, 40 centa. ad