John E. Seamen et. al vs. Schooner Forester and Cargo

John E. Seamen et. al vs. Schooner Forester and Cargo

Lower Court

  • Franklin County

Date

  • 1839

Box

  • 476

Folder

  • 865

Transcript

has not been paid any thing by the Libellants. The Schooner was in about 3 feet water at low tide. She drew nine feet when she went ashore, the rise of the tide is 2 (1/2) or 3 feet. The Orleans draws something short of four feet when light. Was on board the Forester she was so imbedded in the sand that he could not tell whether she leaded or was much injured- saw no marks of injury above water, the breakers dashed against her at times so as to throw the water over her decks- not so as to injure anything on board- as the hatches were kept closed.

Re-examined by Libellant

The salt was thrown overboard for the preservation of the vessel- the boat in which the boxes and trunks were brought ashore could bring about 20 barrels at a load. Some of the trunks and articles thus brought ashore belonged to the passengers on Schooner- the Forester is a heavy timbered and strong vessel. She went ashore about a mile and a half or two miles out of the channel- outside the bar.

Cross-examined

The Forester would probably carry twice as much as the Orleans. Captain Stevens took nearly a full load from the Forester - all the salt with the exception of forty five sacks were thrown overboard. J.D. Myers

Captain A.H. Stevens a witness introduced by Libellant being sworn answers and says the took a Pilot on board the Forester at the East pass to come in at the West pass a Little before sunset the Schooner ran ashore. Witness then took his small boat and went ashore on St. George's Island for assistance. Enquired as to the time of the time and was told that he had got around at high tide. Then went aboard again- vessel thumped very hard that night and was very uneasy as to her situation