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


at the time- the Breakers were directly around both vessels.


Breakers were around the Forester for three days as also around the Orleans when engage in assisting her the Forester was about two miles from shore. She was aground four or five or perhaps six days the weather was moderate when she got aground the gale blowed fresh for some two or three days the only gate during the time she was ashore. The Orleans after leaving the Forester remained under the [?] of the island that night and next day came into the bay with the cargo she had taken out where she remained until the gate was over. Previous to the Orleans taking her load, Captain Stevens took out and brought on shore a number of boxes, trunks, etc. but does not recollect the quantity. Witness took off one load - perhaps consisting of fifteen or twenty boxes, bales, trunks, etc. This was the only load taken off previous to the arrival of the Orleans. The second day after the Orleans left the Schooner Capt. Seaman commenced transporting the cargo in small boats as occasion would permit. At flood tide the water being too rough it was unsafe to approach the Schooner. Three small boats were engaged during the day in lightening making five or six or eight loads each in the day, the weather was moderate at times so that they could work and continued to moderate the next day. On the night of the second day above alluded there were about one hundred sacks of salt thrown overboard. More than fifty sacks were thrown over the day after the small boats were engaged in lightening as above some four or five days. The Orleans did not return to the Forester as witness recollects after taking out her first load. Witness at request of Seaman assisted in lightening Schooner and as yet