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


situation about 8:00 next morning the tide had fallen 2 or 3 feet so that the sea did not lift the Schooner from the ground. Witness went ashore again and applied to the Captain of the Orleans for assistance he refused at first on the ground that his Schooner was only insured for he Bay, but finally agreed to go to his assistance. Witness returned to the Forester and had a number of small articles trunks boxes etc. belonging to passengers carried up on deck to be ready when the Orleans should come around. As she delayed sometime he requested Mr. Myers to take the articles above mentioned in the light house boat ashore, which he did and returned again to the Forester- about which time the Orleans came up: Commenced the discharging on board the Orleans he offered them to make a definite bargain with Captain Seaman who declined doing so but offered to do all he could if the whole matter was entrusted to him. About 9 or 10:00 at night finding that both Schooners were getting in nearer the shore- the captain of the Orleans threw out his anchor, but as the Orleans thumped heavily seaman her captain let go his anchorage and set said and remained near the point of the Island- next day it blew heavily but the Orleans got under weigh and came into the bay- the Orleans up to this time had taken out all the rice with the exception of one cask- and also several crates- the next witness took ashore some beds, provisions and cooking utensils not thinking it safe to stay aboard. Captain Seaman about the middle of the day attempted to get aboard the Forester in a small boat by was unable to do so on account of the sea, but as witness thinks got aboard that night- the next day the Orleans was