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


which continued to increase until the day after when Capt. Seaman attempted to board the Schooner in one of the boats of the Orleans but was unable to do so from the violence of the sea. The sea broke around the Schooner very much during the time she was ashore. The Schooner grounded outside the bar on the west end of St. George's Island. While laying alongside the Orleans struck so hard against the Forester that the Captain was inclined to haul off for fear of being injured. Captain Seaman hired the crew of the Forester consisting of five men to assist him. Captain Stevens of the Forester at the request of Seaman also assisted him, Capt. Seaman engaged a Pilot to go on board to bring the vessel into port as soon as she might be gotten off. Pilot was on board about three nights. Being asked the worth of the pilots services, he replied, that a Pilot for detention outside the Bar is entitled to two dollars and a half for every twenty four hours over and above his usual pilotage. This rule is to be understood as applied to vessels entering the port without unusual difficulty. Pilots commonly would not go upon vessels ashore without extra compensation. Witness has been a good deal at sea but not as a Sailor. From his knowledge of nautical matters he considered the Schooner in eminent danger of going to pieces the day after she got ashore. Witness thinking that Seaman came to Apalachicola with the Orleans having the goods of the Forester aboard and returned again and continued to save the goods. Seaman nearly all the time he was engaged in wrecking the Schooner had a Pilot on board the Orleans. Witnesses think the Orleans run great risk in assisting the Forester for the reason that she necessarily went into the same situation and there was a heavy sea running