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

Said Schooner Forester off said reef and finding it impossible to save either the vessel or cargo, abandoned the same to this Libellant master agent and part owner as aforesaid, and thereupon the said vessel and cargo being put entirely under the care and control of said Libellant who with his men and others who he employed immediately set about using their best endeavors to preserve the same. That the said Libellant master agent and part owner as aforesaid having succeeded in lightering the said Schooner Forester with great difficulty and risk of a part of her cargo and placing it on board the said Schooner Orleans, he the said Libellant with his men as aforesaid was able to get her (Forester) in water of sufficient depth to float her on the evening late of the twenty fifth September that in the night of the same day, the gale was so severe and the sea so heavy as to force her from her anchorage and drive her (Forester) ashore again on the said reef the sea breaking all around her. That the next morning on account of the great stress of weather Libellant found it impossible to come along side of her with said Orleans, but manned her with a crew who with great labor succeeded in keeping her from drifting further into the breakers. That on the evening late of the twenty eight of the same month they brought her (Forester) up to Anchor in a fair depth of water still outside the bar.

That after the said Libellant came to the assistance of said Schooner Forester he the said Libellant was compelled to throw overboard said Forester a quantity of salt a part of her cargo for the purpose of lightening her if being impossible to save it. That said Libellant by reason go the great stress of weather and the danger and peril the said Forester and the said Orleans was in, was compelled to keep