NAVAL COURT.

Samoa Times and South Sea Gazette, Issue 9, 1 December 1877, Page 2

NAVAL COURT.

Saturday, November 24,1877. A Kaval court was held at tho British Consulate, on Saturday last, at the instance of Mr. W. J. Hunt, to decide as to the legality, or otherwise, of the sale of the schooner Canterbury, at Pago Pago. The members of the court were: Mr. F. Cornwall.. Acting British Consul, (President); Captains Turnbull, Cook', Moller, and Dickson. Mr. Hunt appeared, and asked permission to be allowed to have Mr. Hethcrington to plead, and watch the case for him. After a consultation, the court decided that Mr. Hetherington might watch the case, but not plead. Objections having been raised by Mr. Hunt as to Mr. Dickson sitting, as he was not a British merchant, it was decided by the court, that as Mr. Dickson was a certificated master he should be allowed to sit.

After the complaint had been read, Mr. Mair asked that Captai.i ft'ilson which was granted. Mr. Hunt read letters from Mr. Cornwall, and sections of law. H*- was then asked to make his complaint, \ fhich was as follows :—" That the schi oner Canterbury was sold in the harbor of Pago Pago, and I contend it was an illegal sale." Mr. Mair pleaded—Not guilty to any illegal sale. Captain Robinson, sworn, stated : The schooner arrived at Pago Pago harbor; she made so much water that I held a protest first, which the crew signed for her not to proceed to Savage Island, and the crew refused to go in her; afterwards I called a survey on the schooner, and on my letter of advice from Mr. Hunt, I was to take the advice of Mr. Mair; I sent out a report of the sale of the s''ip to Leone, and all the villages ttround ; I asked Mr. Mair, at Pago Pago, as he was my legal adviser, what was the best thing to be done, and the crew all agreed to sell the vessel; I sold the vessel as she stood for the liabilities of the crew's wages, and for all parties concerned; after the sale of the vessel, we temporarily stopped the leak, and agreed to go to the port of Apia; Capt Wright, Mr. S. S. Foster, and Mr. DKennison held the survey; they gave me a certificate of the survey. [Survey, (A) handed in and read.] There were no means of advertising the sale of the vessel, so I sent notices to Leone, and the villages around ; Mr. Hunt gave roe written instructions before proceeding to sea. [B and C handed in, and read.] The schooner did not leak much before proceeding on her voyage ; when I fonnd the schooner leaking I consulted Mr. Mair, and he advised me to sell her, which I did publicly ; I called the survey myself, and not on Mr. Mair's advice ; I did not ask Mr. Mair's advice before calling the survey, because he'was on board, and knew what I was going to do; after the vessel was condemned Mr. Mair advised me to sell her; Mr. Hunt did not lead me to believe that he wished the vessel to be condemned at Pago Pago ; the vessel leaked very much more at Pago Fa;o than she did at Apia; I did not try to stop the leak before the survey ; I did not try., to stop the leak because she leaked all over, and I could not have done 'to if I had tried ; wo did not have much difficulty in finding out the leak; we stopped it by driving in wedges along the. garboard streak; wo were constantly driving in wedges before the survey ; it was at a risk that we brought h6r to Apia; I considered I Was in danger between Pago Pago and Apia ; the first and second mate left tmir clothes behind; I risked my life to come down, and only came because the natives were fighting, and we had no place to live in, also owing to the report that Mr. llunkin was going to seize tho

vessel; I did not try to raise money 1.1 effect repairs, because there was no one there to do so ; 1 thought the best thing to be done under the circumstances, was to sell the vessel; 1 did not send word to ■ Leone, but asked Mr. Mair to do so, but was unable to do so on account of the war. Cnss-cxaraitied by Mr. Hunt i I cannot remember how long it was after the vessel had been condemned that I tried to stop the leak, it might have Wen two or three days; I did not consider I could get a fair price for the vessel at Pago Pago, as the crew's wages I considered was the vrincipal liability—my own wages included—l sold the vessel for the crew's wages, and liabilities of all concerned.

[Mr. Hunt here asked for notice of the sale of the vessel, which was handed in and read.]

Examination continued : I sold the vessel with cargo as she stood ; there might have been cargo on board, but I did not know what the cases contained.

[Mr. Hunt then read the following affidavit of Captain Robinson, as follows : "I, G. F. Robinson, master of the schooner Canterbury, lying at the port of Apia, make oath anci say: That the goods at present on board of the schooner Canterbury were never sold by me, and that they were not included in the sale of the vessel. That I only sold the masts, sails, rigging, and anchors to Mr. Mair. Sworn on the 27th October, 1877."]

Examination continued : I will not swear that there were not goods on board, but, there might have been ; I will not swear that goods were not taken out of the vessel previous to the sale, and sold to pay the expenses of the survey, and the purchase of the vessel; I don't know whether there were any goods sold ; I will not swear whether there were any cases in the hold; Mr. Mair did not advise me to call a survey, I called it on my own account, and that of the crew ; my memory is too short to remember whether Mr. Mair advised me at any time to cull a survey ; to the best of my belief, there was nothing written in the log-book after my arrival in Apia, with reference to the condemnation ; I entered up the official log on the date of the occurrence. [Protest demanded by Mr. Hunt.] The crew were willing to go back in the vessel ; I would not have sold the vessel if Mr. Mair had not guaranteed the liabilities ; I cannot 'say for certain that the crew refused to allow the vessel to be sold if Mr. Mair diii not guarantee their wages ; I do not know whether Mr. Mair was a passenger nr supercargo; Mr. Mair had charge of the trade; the trade was not in my charge; I will not swear that I never saw any document from you asking to take charge of the trade; I don't remember you ever asking me to take charge of it ; I am not aware that there Fagd ?o "Apafffltenilemf^Bite.J^Jßs did not receive any passage money ; Mr, Foster tame as a friend ; I consider it was a free passage. The following extract from the log was hen- read:— " The crew this day signed a protest against going to Savage Island, on account of the bad state of the vessel, but they would go back to Apia." It was necessary to sell the vessel, for we would have had to take to the boats, and 1 sold her for the crew's wages; it was an urgent necessity; I don't think it was possible to stop the leak ; the leak could not have been stopped up before the condemnation as well as after, because the vessel before condemnation was examined by Mr. Kennison, shipwright, and he pointed out the leaks ; I do not know whether I could have stopped the leak before the condemnation as well as after; I wedged the vessel up before the condemnation ; we were constantly wedging her up. By the Court: I considered the vessel dangerous when I left Pago Pago; I came direct to Apia ; I did not touch in at any place; we called in at Leone; we hove too, and lowered a boat; the boat was about three hours away.

By Mr. Mair: I am master of tho schooner Canterbury ; the vessel was in an unseaworthy condition when she arrived at Pago Pago; I notified to all the whites of the sale of the vessel; I sold her as she stood, with everything on board; I remained in command after the sale, and recognised Mr. Mair as the owner ; Mr. Mair paid me my wages ; I told Mr. Hunt 1 would not take the vessel to Savage Island, unless he got me more pumpers; he did not send the pumpers ; Hunt told mo the vessel was to go to Pago Pago; I understood that she was to go to Pago Pago only; Hufct told me in a rough way, that he had knocked Savage Island on the head, and I was only to go to Pago Pago; Hunt came on board oa my arrival in Apia; I told him that the vessel had been sold; he received it with indifference; he went over to the side, but did not say anything. Mr. Mair, sworn, stated: Previous to leaving Apia, alioat tho 27th Septembor, Mr. Hunt brought Captain Sadler to me; I was in a house at Matautu; Hunt took us away into one of the back houses, and told me that he was going to send the vessel to Pago Pago, to be condemned and boM, and that I was to buy her for Mr. fickford, as that was tho only way by which ho could clear himself of hui liabilities in Auckland ; that tamo evening, while talking the matter over, I ask I'd him, why he did not have her sold in Apia, and ho said, probably she would fetch two or three hundred pounds, and he could not raise tho money to buy hur; I asked him why I should not buy her for myself, and ho said it would look like a swindle; ho

I told me th»t he would give me money to buy her with ; then he said he would send it by Mr. Foster; he afterwards said he would give it to Captain Wright; when we went on board of the vessel before leaving Apia, some of the men refused to go to Savage Island in her, and he told them in iny presence that she was only to go to Pago Pago, and i hack to Apia; I asked Mr. Hunt if he had mentioned the condemning and the sale of the vessel to Captain Robinson, and he told me he had not, that he would do so when he got on board; we proceeded to Pago Pago, arriving on the sth October; a few days afterwards a survey was called, and the vessel was condemned; I purchased her at an aution for £2l, for which sum she was knocked down to me; I asked the auctioneer if it included every thing on board, and he told me yes ; when we arrived in Apia, Mr. Hunt came on board, and 1 told him that I had bought the vessel ; he appeared quite satisfied, but when I told nim I had bought it for myself, he objected to it; he asked me if we could join together, and compromise with the men to get them to take half of their wages; he objected to the sale of the trade on board, and entered a protest in the British Consulate, I believe, which pro-

test he afterwards withdrew; the goods were sold, and the wages were paid out of the proceeds.

I By the Court: Immediately the vessel was knocked down, I asked what I had bought; I bound myself to pay the men before the sale; Hunt requested me to buy her for Mr. Eckford; I bought her for myself, as Mr. Hunt had always shuffled with me ; I could never get any agreement since I left New Zealand, although I repeatedly asked hira for one ; he constantly said that he had to protect himself, and that he did not care a d for the people in Auckland; on one occasion I asked him if he was prepared to pay me, and he said that he was prepared to pay any one with whom he had an agreement; under those circumstances I thought it only just that I should look after myself ; I never led Hunt to believe, that J would assist him in evading his liabilities in Auckland ; I was aware of the nature of the liabilities to a certain extent; I knew that he owed money to Messrs. Owen, and Graham, and to others, on his own showing; they had no connection with the trade when the vessel was sold; all that trade was left at Savage Island.; I do not remember any agreement with Mr. Hunt about the reversion of the vcs%el, but Hunt said, that buying it for Mr. Eckford, was buying her for him; Hunt never gave me the money he had promised ; I bought her with my own money ; I asked Hunt for money,"and he gave me eight dollars, and I went to the shore and spent it; I went as passenger ; there was trade put on board of the Canterbury; it was in my charge, I suppose; I opened the trade in Pago 1 did not claim wag.* from Hunt on"tft!s

trip; the reason why I went to Pago Pago, was to buy the vessel; traded there with my own trade, and for the ship's company with the trade that was on board; Captain Robinson asked my advice when he found the vessel leaking'; I advised him to call a survey; knew

that Captain Wright, and heard that Mr. Faster had gone there for that purpose ; knew it was Mr. Hunt's wish for the vessel to be sold, and I wanted the opportunity of buying her myself; the Captain stated before the vessel was sold that the purchaser would have to settle all liabilities of the crew ; I was aware that the vessel was condemned, and had to be sold ; did not know the amount of the liabilities at the time of the sale; my claim against Mr. Hunt is about £l4O, but with reductions; had a verbal agreement with Mr. Hunt.for £ls per month ; was to come to the Pacific, and generate a trade for him; have carried out my agreement with him at Savage Island ; I was about three months there.

By Mr. Hunt: I believe I fixed the terms of sale with the Captain; you owned some of the goods on board of the Canterbury, and I owned some ; I had some prints, hats, and a case of tobacco; the mortgages for the guns were made in my name (Mair) ; the guns were shipped in my name, but I had Wa*o the best I could with them; do not know why the guns were shipped in my name; do not know anything about tho French man-of-war ; the reason I sold your trade was because you told me to do the best with it; will swear yon never told me not to touch them ; understood that every thing on board was included in the sale; understood that the goods entrusted to me were included; when I advised Captain Robinson to sell the vessel I intended to buy her ; will swear I had

no motives of revenge; have asked you time after timo for an agreement, but coteld not get one; you havo told me you had not got any money, and you have borrowed it; did not tell you I would sooner work on commission than for a salary ; was to get £l6 per month, and found; will swear that I did not know that anybody had a mortgage on the vessel; the crow refused to allow the vessel to be sold unless their Wages were guaranteed ; could not state how much goods I sold for you; do not remember telling Captain Wright that I had sold $l5B worth. Captain Wright being aworn, stated: Being in Pago Pago, I wai requested to survey (by Captain Robinson), the schooner Canterbury, with Messrs. Foster, and Kenniaon: wa held the survey, and handed C*pU ra nWimu the report; recommended that the vcasol be sold ; the veasol was notified for sale on a certain date, on which date she wai

told, Mr. Mair being the purchaser ; went Bissanger, and have a receipt for my e; hava reason to believe that the was never intended to go further than Pago Pago. The result of Captain Wright's statement was, that a true and faithful survey of the vessel had been held, and he was commissioned by Mr. Hunt to buy in the teasel for him, and I therefore, if Mr. Mair had not been the purchaser, Mr. Hunt would ; I only bid £BO for the vessel, and as the money had to be paid at the fall of the hammer, and not having enough with me, I had to let her go. I conscientiously believe that the full value of the vessel was given. By Mr. Hunt: No mention was made of the cargo at the time of the' sale ; did not think at the time that the cargo was sold with the vessel according to American law ; Mr. Mair sold the cargo before the condemnation of the vessel for the purchase of provisions; the cargo was sold day by day for the purpose of providing provisions ; can swear that provisioas for the vessel were procured by means of the trade; the vessel could have been brought back to Apia if there had been plenty of men and appliances, but she was riot seaworthy ; I thought that every thing would come back into your hands so I

did Dot give a thought about the chronometer, boat, &c.; there vras no more of the freight sold than was necessary for the purpose of providing provisions ; there were certain good?, consisting of arms and ammunition which had been shipped on joint account of Mr. Mair and Mr. Foster, with instructions to be a-M in Pago Pago ; these were sold entirely for cash, and would account for the jxjssession of cash in the hands of Mr. Mair at the time of the survey ; but I cannot swear that Mr. Mair had no cash independent of that; do not know whether Mr. Mair received any mortgages. By Mr. Mair: The provisions on board were not sufficient for an ordinary voyage to Savage Island; Mr. Hunt suggested that the sale should take place immediately after the condemnation, and expressed that the time should be as short as possible, and I was to bid higher than anyone else. Mr. Foster, and Mr. Kennison declared on oath, that the signatures to Uie survey were genuine, and that the survey was a. conscientious one.

Captain Sadler, sworn, stated : I understood that the (lanterbury left hero to be condemned in Pago Pago"; I understood so from Mr. Hunt' himself ; I distinctly understood so from himMr. Kelly, being sworn, stated : I am mate of the (Janterhury ; the vessel made a great deal of water ; Mr. Hunt was on board, and we told him we wanted more hands that we could not keep her clear with tie crew we had ; she did not leak worse n\Pago Pa»;o than in Apia ; the vessel wis put up at auction bv the Captain, vfy„ stated that he would sell 1" , *n«"r; Mr. Msir was tha purchaser of the ' uJ , , ln ' responsible for the harwities By Mr. Hunt: There were twy" 6 *' of trade in the hold, and one if", 1 "' cabin,; I do not know to whom i? cargo belonged; I recognised you a» owner before we went to Pago Pa"o ; there was a ease of trade from" Smith's store; do not know where the other goods came from ; they came from the shore in a boot; Mr. Mair took something out of tho cases at Pago Pago, but the boxes were never properly fastenr ; understood at the sale that tlie cargo w*.' sold with the vessel; do not know how much was sold; the Captain said he would not let the vessel be sold without a guarantee for the wages. John Wilson, sworn, stated: I am second mate of the Canterbury; was frightened to join the ship, and offered Mr. Hunt half of my wages to let me go • Hunt told me that he could not let me go at present, because the vessel was only going to Tutuila, but if tho vessel came back he would give me my pay went on board and fetched my clothes on shore, because I did not know what time the ship would sink under me ; two days afterwards we started for Tutuila; the pomps were kept constantly going after we arrived in Pago Pago a few days ■ the Captain told roe he wanted me to go to Savage Island ; objected to it because the vessel was not in a fit condition ■ a, survey was called on the ship; she was condemned and sold; after the survey Captain Robinson came to me and said that the ship was going to be sold; I said all right; he put her up at auction three days afterwards; when she w»s sold she was sold with everything on board of her.

The Court wishing to know who the mortgages were received the following 5& : w N^i . tm » l B,nk of & w i 25 ?! M £ Hlll ' £l2s i R Eartmor.e t\^\ The Court having considered tho evidence finds that the sale of tho vesstl and cargo was perfectly legal. Ordered.—And the Court do«s hereby order, that according to the evidence brought before this Court, they unani niouely decide, that the gale of the schooner Canterbury, at Pago Pago on thei 18th day of October, 1877, byOapt Robinson, of aaid schooner Canterbury-, to Mr. H. A. Mair, be confirmed u a just, true, and legal aale, and that in tin. sale waa included everything on board of ""StWW ** the Wtoe of said eale. Ordered.—And the Court does hereby order, that a. Mr. W. J. Httnt has UO* r I S°2} ay ly t» eeidaclwatier tlwrofore, the laid W. J pttjlwd.—And' eh* Cotirt doe* hereby onlor lhatthe sum of five shillings bo ■warded to Mr. H. A. Mair as unpens*.

OhLixml.—Anil the Court d(Mt bsntn order, that it be recorded their strong disapproval of the conduct of Mr. \V. j. Hunt m managing owner of the schoouer Canterbury.

British Schooner Canterbury. Pago Pago Harbor, Tiltuila. October l">th. 1577. Messrs. W. <i. Wright. S. S. Foster, David Kennison, (master ship earpe iter.) Uentlemks, —The schooner Canterbury, under my command, arrived at this port on the sth instant, from Apia, Upolu, laden with sundries, in a damaged and leaky condition. I have, therefore, respectfully to request you to repair alongside, and on board of the said schooner, and after a careful and minute examination and survey of every visible part of her hull, spars, sails, and rigging, report to me under your own hands in writing her present state ami condition, and what in your opinion had best be done for the interest of the parties concerned. 1 am, gentlemen, Your obedient servant. F. Q. Robinson', .Master of schooner Canterbury. Pago Pago Harbor, Tutuila. October 16th, 1877. Captain Robinson, master schooner Canterbury.

Sik, —Pursuant to the accompanying warrant of survey to us, directed to us by you at this port, we, the undersigned repaired alongside and on board of the schooner Canterbury, of' Auckland, New Zealand, of the burthen of seventy-six tons, or thereabouts, recently arrived in this port, from Apia, in a leaky and damaged condition, laden with sundries, and after a careful and minute examination of every visible part of her hull, spars, sails and rigging, do report as follows: ■ Ist.—Many of her outside planks are rotten, especially about the stern, and require to be replaced. 2nd.—She requires to bo thoroughly rrcaulkcd throughout. 3rd.—The copper is oft* in many places, and she is badly wormed. 4th.—The ceiling is rotten, and worn to such an extent that her through fastenings have no hold, and yield no support to the frame. sth.—The garboard streak is started from the keel, necessitating wooden wedges from the inside to partially stop the leakage. tith.—Several of her stauncheons are rotten, and her water-ways require to be replaced. 7th.—The fact of the vessel having been a long time under water, her deck planks are wormed, and esumot be made tight by caulking.

Bth.—The pumps are of wood, one is entirely worn out, and the other is so worn in the chamber,that it will soon become so. Sith.—The head of the foremast is gone at the eyes of the rigging, and having been fished with the heel of the fore-topmast, that is sprung, and tiewhole mass may at any moment go over the side. 10th.—She requires new fore rigging to replace the chains now doing duty as such. 11th.—Her leakage is such as to require pumping ime half the time while at anchor, and ail the time when at sea. In conclusion, in view of the great expense, if even the possibility exists for the necessary repairs, we recommend that the vessel be sold for the benefit of those concerned. In confirmation of which we -arc willing to attest. Civen under our bands on the date abovementioned.

W. G. Wmqht, Ship master. S. S. Foster, Merchant. David Kennison - , Master shipwright. (B.) Matautu, Samoa, T n 22 September, 1877. to Captain t. Q Rob;,, BC hooner Canterbury, lDi£L oj!f;~,X OU , will , {.'ease proceed to vonr P w ° U W1 " that on your return you arc not to enter the port of Apia, but to wait off the port and signalize until you receive further orders from me. I have to request that you will act under Captain Mair's instructions whilst away, and until you return here. ' Trusting that you -n in endeavour to make a quick passage. I icmitlu, yours faithfully, W. J. Hunt, Managing owner.

Matautu, October, 1877. Captain Robinson, schooner Canterbury, Apia. Dear Sir, —You will please proceed to Pago Pago, and from thence bo Savage Island and Apia. Captain Mair is only a passenger, but should any difficulties arise, I will feel obliged by your consulting him, and if possible, acting on his advice. I am, dear sir, Yours faithfully, W. J. Hunt, Managing owner, schooner Canterbury.