Lewis v. A Lot of Whalebone

51 F. 916, 1892 U.S. Dist. LEXIS 71
CourtDistrict Court, N.D. California
DecidedAugust 30, 1892
DocketNo. 10,269
StatusPublished
Cited by5 cases

This text of 51 F. 916 (Lewis v. A Lot of Whalebone) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. A Lot of Whalebone, 51 F. 916, 1892 U.S. Dist. LEXIS 71 (N.D. Cal. 1892).

Opinion

Morrow. District Judge.

This is a suit brought by William Lewis, of New Bedford, Mass., managing owner, and Joseph Whitesides, masr ler, of the steam whaler Belvidere, on behalf of themselves and oí' the other owners, and of the officers and crew of tho vessel, and all others entitled to recover compensation for a salvage service in rescuing a Jot of whalebone from the wreck of the steam whaler William Lewis, near Point Barrow, in the Arctic ocean, October, 1891.

On the morning of the 3d day of October, 1891, the steam whalers William Lewis and Belvidere were engaged in whaling in the Arctic ocean, about 25 miles northeast of Point Barrow. Both vessels were bark-rigged steam whalers. The Lewis was tho more powerful vessel of the two. She was commanded by A. C. Sherinan as master, and her crew of oflir cers and men numbered 47. She had on board a lot of whalebone; subsequently valued at 825,797.25, and 250 barrels of oil, of the value of about 82,500. The Belvidere was commanded by Joseph Whitesides as master, and her crew of officers and men numbered 44. It is alleged in the libel that she was worth, with her catch, supplies, and equipments, in the neighborhood of 875,000, and this is not denied in the answer. About 7 o’clock on the morning of October 3d the wind commenced to blow from the northeast, and continued to increase during the day until about 4 o’clock in the afternoon, when the gale was accompanied by a heavy snowstorm. The Lewis and Belvidere sought shelter under the lee of Point B:.....ow, rounding that point between 7 and 8 o’clock in the evening. At the start from the whaling ground the Lewis was in the lead, but the Belvidere, steaming a little faster than the Lewis, obtained the lead, and kept it until the Belvidere came to an anchor in shoal water, south of the point. At this time it was snowing hard,.and dark. The Belvidere dropped both anchors, and,,in consequence of the shoal water, blew throe blasts of her whistle, to notiiy.thq [918]*918Lewis that there was danger. The Lewis was about two points off the starboard quarter of the Belvidere. In a lew minutes it was discovered that the Lewis was ashore. The Belvidere kept up steam all night, and steamed up to her anchors to relieve the strain on them. The vessel drew 16 feet of water, and it was found on sounding that she had but 3! feet of water under her keel. When the Lewis ran ashore her engines were reversed, and sail made, to back her off. Every effort was made in this direction until about 11 p. m., the vessel pounding heavily all the time, when the propeller refused to revolve, and it was found that the rudder was broken in twm pieces. The engineer reported the keel broken, and the machinery thrown out of position, and at about the same time water was discovered coining in on the starboard side. At midnight the Lewis blew her steam whistle several times, sent up rockets, and burned blue lights, to indicate her dangerous position and need of assistance. These signals were observed on board the Belvidere, and the captain of the latter vessel asked Mr. Blain, the second officer, if a boat could be got to the Lewis. The latter thought that the sea was too rugged, and that it would not be safe to make the effort. The wind and snow continued during the night. In the morning the captain again asked Blain about sending a boat to the Lewis, and was again told that it would not be safe. None of the officers of the Belvidere wanted to go. A heavy swell coming in made the situation dangerous for the Belvidere. Accordingly, about 6 o’clock, she steamed up to her anchors, took up one, slipped the other with 45 fathoms of chain, and moved off shore about half a mile, when she was again anchored, with the Lewis on her starboard beam. Masses of ice, coming in around the point and grounding outside, had made the water smoother inshore-, but the heavy swell continued, and the strong current, carrying ice, and running southward, rendered it still dangerous to attempt to reach the Lowis.o About 10 o’clock one of the Lewis’ boats went inshore of the ice, and then, coming off to the windward of the Belvidere, came down with the current through the ice to that vessel. This boat had eight men in it, and was in charge of Smith, the boatheader of the Lewis.

So far there is a substantial agreement as to the material facts, but at this point there is a conflict in the testimony. Capt. Whitesides testifies that when Smith came on deck “I asked him if he came with a report from Capt. Sherman, and he told me that Capt. Sherman said if I would set my colors to the mizzen peak he would leave his ship, and , come aboard, or, if I thought I could get his bone, to send my boats in. II thought I would try and send my boats in.” Blain, the second officer of the Belvidere, testifies that Smith told him that he came to the Belvidere to get the captain to stop by him; that the ship w'as bilged, and couldn’t be got off; that “he wanted the captain to take the erfew, if he couldn’t come there for the bone; if he could get the bone, he would like him to come there and get it; if he could not get it., he would like him to take the crew.” Capt. Bherman of the Lewis testifies that he sent a boat to the Belvidere between 10 and 11 o’clock, in command of Boatheader Smith. “I told him to tell Capt. Whitesides to send his [919]*919boats in to got my bone, or help take it off. I do not remember saying anything about taking the crew off.” On cross-examination, he was asked if he remembered the exact message he sent to Capt. Whitesides. He said he thought he did. “I sent for him to come, and send his boats in, and take my bone, or help take it.” In reply to the question, “'Did you say anything about setting colors?” he answered, “'I do n’t think I did.” Boatheadcr Smith was not produced as a witness, hut it was explained that he departed for New Bedford before his testimony could betaken. The terms of the message sent by Capt. Sherman to Capt. Whitesides at this juncture are deemed significant as indicating the purpose of the former with respect to the cargo of bone on hoard the Lewis. In the event Capt. Whitesides had determined that ho could not take off the hone, was it the intent of (’apt. ,Sherman to abandon it, as he did the vessel, and the 250 barrels of oil left on hoard? The message, as testified to by (apt. Whitesides and .Second Officer Blaiu, indicates that such was his purpose; hut Capt. Sherman does not remember that he asked Capt. Whitesides to set his colors to the mizzon peak as a signal for the former to leave his ship and come on board (he Belvidore, and he does not think he did; nor does he remember saying anything about taking off his crew. As indicating his purpose notto abandon the hone, he testifies that there would have been no difficulty in landing the hone, and carrying it, on sleds, to Cape Smythe, where a governmen! station is located, and also a trading station; but ho says the better way would have been to take it down in the boats. The Lewis had no sleds, but they could have made them. He thinks the bone could have been landed and taken to Cape Smythe by sleds in two days, or by boats in a few hours, and he thinks his men would have risked spending the winter up there in order to save the bone. Capt. Sherman is not confirmed, in this view of the situation, by a single witness, but, on the contrary, it appears that the only persons who had anything due to them from the voyage, over and above their indebtedness to the ship, as the result of the catch up to that date, were Sherman, the master, Greenwood, the second mate, Smith, the boatheadcr, and Bayman, fireman.

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Cite This Page — Counsel Stack

Bluebook (online)
51 F. 916, 1892 U.S. Dist. LEXIS 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-a-lot-of-whalebone-cand-1892.