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

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

Lower Court

  • Franklin County


  • 1839


  • 476


  • 865


Same to the said Libellants as above directed- at chambers 12[th] January 1839.

R.C. Allen Judge

In this case the following testimony was taken by P.W. Gautier and read as evidence to wit:

Libellants produce as a witness Jacob Myers who being first sworn deposes and says- Sometime in September last in the afternoon saw the Schooner Forrester making in for the land near the light hour on St. George's Island. This was about one hour and a half or two hours before sunset, she then saw ashore; the captain came ashore that evening and enquired at the lighthouse when and how he could procure assistance to get her off. He was referred to the Schooner Orleans then lying inside the Bay. The next day finding it impossible to get the Schooner off he employed the Orleans to assist him. The Orleans went out the day after the Forester got ashore- as witness recollects and lay alongside and took out some cargo. The Orleans on account of the roughness of the sea could not lay along side for any length of time but hauled off that night to safe anchorage. Libellant Seaman the next day commenced carrying off the goods to shore in small boats as it was not safe to lay along side the Schooner with the Orleans. Seaman continued lightering the goods a part on St. George's Island and a part on the Orleans until the Forester was sufficiently lightened to be got off. The goods carried to St. George's Island were then taken on board the Orleans.

Questioned by Libellant- After the Forester was gotten off by Libellant she was driven ashore again on the reef. The morning after Forester got ashore it commenced blowing a gale of wind, blowing from the north east