A WARNING TO CAPTAINS.

Daily Southern Cross, Volume XXIV, Issue 3512, 17 October 1868, Page 4

A WARNING TO CAPTAINS.

To the Editor of the Daily Southern Orosi. Sir, — I beg vou will forgive the freedom that lam taking in writing; you, but, knowing that you are always ready to protect the mercantile community, I will be as brief as possible. I sailed from Sydney in the barque * Day Dawn ' for San Fiancisco oa April 11, with 100 passengers, men, womeD, andchildren. We were only 62 days on the voyage, having had very fine weather. We had 90 dayti' provisions on board, all of good qualicy except the pork, which was uot first-class, bat we gave the pas^engere preserved meat instead. Some of them would not have it, for the reason that they may be enabled to find fault. We at the time were using the very same pork in the cabin. They often quarrelled amoncst themselves. Most of them were, I think, a bad lotrunaway debtors, and others of a worse description, that had made Melbourne and Sydney too hot for them. Passengers in general from the colonies for San Francisco make up their minds before leaving of having their passage money refunded them in San Francisco. There are a class of persons calling themselves lawyers, who have agents who go on board on the arrival of the ship with passengers, and tell the passengers they can have their passage money refunded by briuging a lawsuit ; it is done. I hey wait till within a few days of the vessel sailing ; the vessel has to be bonded, and the case to be defended by the agents, who leave it in the hands of lawyers. These said lawyers knowing very well that if the ship wins the cisi they will not be paid their fees, witnesses for the ship are bribed away, the captain has sailed, and the ship loses the lawsuit. Not being chartered in the colouies to return on arrival, I advertised that any claim not made within three days would not be recognised. A suit was brought against the ship, and a sheriff's officer sent on b >ard. My agents, Messrs. Falkener, Bell, and Co , had offered me a freight on discharge of my inward cargo, and they advised me to bond the ship, but I decline i. I would see the lawguib ended, knowing the villains had not a leg to stand upon. I bad to be at the expense of fcaking in ballast and removing into the stream, and was detained there a month before it was ended, which ib did in my favour. But 1 had ao redress ; the moment they lost the suit they went up the country in different directions. I send you the papers of the 24th of July containing the judge's decision. I have won the case— the first of the kind gained by a ship in ban Fr*n» cisco— but at a great expense. [ send you these particulars to gdard owners and captains who may take passengers to San Franciso, to protect themselves. Hoping you will give thin publicity, — I have, &c, Philip Jokits, Master barque ' Day Dawn,' of Sydney. October 4, 1&68.