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THE MARINE RECORD. at MAKIXELAW. DKMUIIIIAOI-. V. S. Ciiuiit Cmit, ftuvth. /)'»( JVfyoJ/i1. Andreas'I elluian against Olio Pluck, et al Wallace, J. This Is n libel bv tbo master ill the Nor¬ wegian'bin k Annie against the lespondeuts ns consignees of pmtnl the cargo for demur- rngo for threeda)*'detention (» discharging cargo. The cargo was cnirleil under a chur tor party with one Wl*sman, and was con¬ signed to Bo\eraN'0"flgliees, and consisted ofompl) petroleum barrels, Iron tails and pig Iron, the barrels being stoned on top. The respondents were the cowlguees of the Iron rails only, and these were shipped un¬ der a bill of hiding which, afier providing for tho terms of height, specified that the cargo should be discharged at the same place ns the other cargo, to commence Immediately after the arrival of the ship, without delay, and "all other conditions ns per charter party with Mr. Whitman." 'Ihe charter provided for loading and discharging the i vessel wIth eilstomiiry quh k dispatch, the cargo to be received and dellveied alongside the vessel ujtlilu reaoh of her tackles, at consignee's risk and expense, lighterage, II nil), to bo borne by the cargo, and lor de¬ murrage at the rate af £9 per tln> for each day's detention by default of charterer The bark arrived at the port of New Yoik August 80, 1880, and pioceedid to the At¬ lantic dock to ulschajge thejiarrels. The respondents were duly notified by tlia agent of the vessel owners, and asked to attend to the discharge of the rails as soon as the bar¬ rels smfcld be discharged, and they prom¬ ised to send o lighter to recede the rails If they could obtain a custom house permit. On September 3d, the captain ol the lighter¬ man to whom respondents had given a de¬ livery order, left the order with tho mato o the bark, promised to send a lighter as soon as she was ready to discharge [he rails, and was Informed by the mute that she would bo ready the next morning between 9 and 10 o'clock. At that time she was not alongside Ihe wharf, but was discharging the bun els- whllo lying aside of another vessel On Sat¬ urday, September 4th, the captain of the lighter called and got the order back again, took it away, and returned In the afternoon anil stated that he could not get permission to discharge the Iron from the custom house authorities unless they were allowed to weigh It on the deck of the vessel. It was not customary to permit a dischargo ot iron upon a lighter unless the Iron was first weighed on the deck of the ship The mate referred him to the agent of the vessel, who was not on board, but the captain of the lighter refused to look up the ageut. The vessel did not obtain a berth alongside tho wharf until Saturday afternoon. The own era of tho doclt would notatlowirojilQ.be landed on their dock even for the purpose ol. weighing. Nothing more was done In behalf of the respondents, but on Tuesday, but pursuant to an understanding that the} would receive the rails at Merchants Stores, the bark prodeeded there, w here, on Wednes¬ day, tho rails were put. upon the wharf, weighed, und-taken away by the lighter. If the llbellant Is entitled to recover any domuirage It must bo upon the theory that the respondents wore under obligation pith cr to receive the rills upon the lighter un¬ der tho circumstances,of the case, or to se¬ lect a suitable wharf for the purpose Nolth er of these propositions can be maintained. By the terms ol the bill of hiding the le- Bpondents became parties to all thecondl- < tions pf tlie chartei paity except such as were supplanted or modified b) the special conditions of the billot lading DnWsvs Wallace, 8 Cllfl, 180, Smith vs hleveklng 1 E. & B. 045, Wegcnar vs. bmlth 24 I. J C 1J 25 Hut the) wore under no obligation to itccept a delivery ol their part ol the cargo upon a lighter upon the absence of proof of any usage of the port authorizing such a de¬ livery by the carrier. The conditions of the charter partj piovldlng for tho dolhcrlng the cnigo alongside the \esscl at the con ■Igueo's risk and expense, and for the pay¬ ment of the lighterage, w < re undoubtedly In¬ tended for the proration of tho can ler and to relievo him from resionslblllty or exponse In protecting or warehousing tho curgo in case the consignees should neglect to rooolvo It after pioper notice, Other than this they Impose no exceptional liability up¬ on tile respondents. The chartei party and Che bill of J|idlng together Impnit nu obliga¬ tion on Ihe part of the consignees toaccept their pilrt of she cargo at any suitable place of ili'llwrv without delavas soon as tho coi, ijlllon of the ship In refeience to the rest of the cargo would permit their part to bo de¬ livered. They wrrc not Obliged to take tho rails until they could he delivered by the ship, and then they were bound to take them without delay. J The place of dellveiy seems to have been selected by (Jtejuinstororby the ship's agent. It was not a suitable place, because the own¬ ers of the Atlantic docks did not permit rails to be lauded on their dork, a.nd would not allow these rails to be landed there. The respondents, as owners of a part only of the cargo, had no light to control the selection of the place ol dollyery. They had stipulated to reccl\e their rails at the place where the A very large fleet of vessels was on the market Monday. Pales wero good and the greater portion were away from tho market Tuesday DEATH OF CAPI\ ROBERT WATER- MAN. Special Vorreijxmdtnot tforint lhoord New Yonn, September 8. A man whoso name and famo Is fhtnllllar to every old time soaman and navigator, ship¬ builder nnd owner, In tills and mauyother eastern cities, has at last gone to that sloop which knows no nuking. Cap'uin Robeit Waterman, bettor known as "Bully Bob" Waterman, wns born In tho llttlo town ot Fairfield, Conn , about Ihrco score and tan years ago, and died last week, In bod, at the Lick House, San Francisco, although It was often predicted that he would cast oft' the mortal coll with Ills boots on, because of tho tyrannical cruejty practiced by him upon,h!s sailors, while In command of clipper ships during the gofd fever, bound to California In 1849, imd in fact, till he had ^tlred from-] of being sailors' homos at sea, were verltn ble floitlng hells, and I can only compare tho fiendish acts ot barbarity committed by him to those done by that brutal navigator, Captain "Billy" Patterson, qn board his three-und-after, Jefferson Bordon, a immo w hich hod to be changed, as It was to sailors sVnnnymous with a hell afloat, and men could not he found who were willing to man her, because they were afraid of the assaults and Mows of "Billy" Patterson, none ever daring to strike hlti) back. .'•Bully" Waterman wasa miuine by name, but a cowardly soldier by nnture, fighilng only those who were weak and unarmed. At sea he knew no mercy, and once out of sight of land, no euch a sentiment nB pity was known to him, and sick or *ell, every iuiiii hud to work, and painful and severe 'punishment awaited the unfortunate seaman who failed In even the least of his duties. It was nothing but constant, endlcsB toil, day and night, trom tho tlmo he left New York until he arrived In "FiIbqo." He was a dreadful driver, both of men and of his ships, which carried on sail In a gale of wind '"till all was blue," as the phrase goes, and It Is related that on one passage round the Horn, In Hie dead of winter (July,) he locked his topsail sheets before going below, to pre \cnt the mate from lurllng the sail when It came on to blow harder. The ship labored and sti allied in a seaway, while the blast shrieked and groaned through her slirouds and lifted the sea and spray till she Was one latl er of foam from stem to stern, but, a! though It was blowing great guns, never aflils side, like a soldier, was also resorted to rest of the cargo shodd bo delivered. The 'the sea altogether, but more particularly chaiterer did not assume to select the placo durlug the year lyimed. Hle^shlns, Instead of dellveiy, nor did tho other, consignees The case Is like one whore a general ship undertakes a delhery tb several consignees of their respective pans of the cargo. It Is doubtful In such a case whether tho con¬ signees jointly have iny r'ght to select the place of delivery. In the E. H Flttler, 1 Lowell 114, it was held that they have such a right when they are unanimous, hut the question was decided upon the usage of the port Where there are several consignees the master cannot conveniently consult them, and certainly, unless they unite In the selection of the placo of deliver), his dut) is satisfied by a delivery at a place suitable and reasonably convenient for all under tho spe¬ cial circumstances Ells contract Is fulfilled b\ delivery from the ship at a proper place w Itlua the port. If he does not deliver to the consignee personally, he must justify his substituted delivery by showing that It was jn accordance with the terms of his contract, or with the usage of tho port, or with the course of business between the parties. Gat- llffe v. Bowne,4 Klng.N. C 4^3; 3 M. &G. 042; 7do. 8S0, Humphreys v. Reed,g Whart. 435, Hemphill v. Chenle; 0 WattB & S. 02, Ostrander v. Brown, 15 Johns 39. Tho respondents are not liable because they failed to select a place in leceive their cargo when they had nojiouer of selection The libelant was not obliged to await their action. He cannot hold them responsible fotadojay which would not have occurred If he had performed his own duty.' Ther undertook that there should be no delay In the delivery of the cargo on their part, but they did not undertake to assume liability for his delay or for his failure to offer a suit¬ able delivery to them. If the respondents had assumed to direct a delivery upon the lighter or had promised unqualifiedly to pro¬ vide a lighter for the reception of their rails a foundation for the claim for dumurrage would be established. But they stated to the vessel's agent that they would send a lighter If they could get a poi ink. Ii Is true the cap¬ tain of the lighter Informed the libelant that he would be ready to receive the rails when the ship w as road) to discharge them, but when that time came he Informed the mate, w ho was then- In charge of the vessel, that ho could not get permission of the cus¬ toms authorities to take thorn unless thev could be-weighed on the deck of the vessel Noi delay ensued in conacquenco of his promise Co take them. As It was understood from the outset that acceptance of delivery upon the lighter was conditional upon the consent ol the customs authorities It was in¬ cumbent upon tho llbeliint-to consent when requested, oi K} treat the negotiations as ended and select fits own place of dollvery Ihe lcspondonls held out no inducements foi further delay, and in the absence of any circumstances relieving the libelants from tho dui) of proi ui lug a suitable place to dla- cltarge the rails, or show Ing his inability to do so, he has no reason to complain of the delay. The tlocreo of the District Court Is af¬ firmed with costs. (Endorsed) United States ( ircuit Court, southern dlstilct of N Y —Trcllman v. Plock-i-Oplnlnn Wallace, J — United States Circuit Court—Filed July JO, 1884—Tim othy Griffith, Clerk. a topBall sheet was started until the sail was blown clean outQf the boltropes with a noise like the booming of heaven's artillery, thun¬ der. During all this tlmo there were two hands at the wheel and two on the topgal¬ lant forecastle, the rest being kept at tho pumps till all hands were called either to tack, or wear ship, or else set a mulntop- galluntBall over tho reefed topsail. While mate, he nori the reputation of grinding more work out of twenty men than any other officer could out of forty able-bodied mariners. His remarkable passage of eev- enty-slx days from Canton to New York In the flat-bottomed ship Natchez, In the palmy dayB of Yankeo clipper ships, was only woii by the sacrifice of Hie and property. In this memorable trip his vessel never tacked once from the time ho left China until ho reached this port, and lie was the first man to bring back the nofts of his own arrival In tho ce¬ lestial empire 'llils achievement is said to have croalod much excitement, and It re¬ ceived moie notice from-tho press than a passage ol six days from Qneenstov n to Now York b) a steamer would do now. Ho af tcinard commanded tho clipper ships Sea and Water Witch, both of which alnajs made tho passage from Hong Kong to Now York In less than 100 diijs. It was no un¬ usual thing for all hands to be called to "prayers" on Sunday morning at toven bells. This mockery was nothing more nor less than to witness, punishment Some poor w retch hid, during the week, brought about the "old man's" wrath, and ho selected the Sabbtith as a day of punishment, stringing tho \ Ictlm up by the wrists to tho rigging, In the shape of a spread eagle. When the watches had both mustered uft the skipper ordered bare heads, and then, with his own hands, commenced a scene which makes the heart sick to think of. With a cat-of-nlne- tails ho lashed tho back until the flosh was linked with crimson cuts, which quivered ogaln at oaoh fresh blow, causing exclamj.' tlons of pain and ngory from tho llclptetr* prisoner. Another favorite amusement of his was to throw belaying pins (which he called, belaying pin songs,) after tho men when they did pot go fast enough aloft, But porhapi tho most cold-bloodetl and cowardlv of all Ids iibimo was striking men with brau and steel knuckles, the must deadly of all orlmlnul weapons. , An old Yankee arfllor fisherman happened to be on tbo lookout one night on board of Waterman's 1wtttli us the ship Water Wltell was commonly called, when the wind howled through tho rigging till you couldn't heor yonraoir»poa|<, and when eight belle struck the ancient mariner could not hear It, so stuck tohli post until "Bully Bob" came forward with an o"atlr and vile epithet, struck him eight blows with a marlln spike, at the same tint ordering him to strike the forecastle boll The poor old fellow was old enough to he Bob Waterman's fathei, and the Injury he received was so great as to make him stone deaf over afterward. His aversion to foreigners, particularly Dutchmen, or Dago's, as he called tiro till, ors fiom southern Europe, was so gieat that ho swore, on one trip, that he would kill every yah-yah, meaning the'Germans, be. fore he got Into port. A young Frenchman among his crew, while on a passage from China to this pprt, had the misfortune to have an abcoss form on'his leg, and tor clays lingered about the deck In agony, llio cap- tain refusing to let him go below, dor would ho s*nd his tnedlcine forward to him,but announced that If any other sailor would bring him Into the after cabin he would be treated. One of tire patient's, young com¬ rades brought the sufferer to theflabin where he received a dose of blood-purifying medi¬ cine, but as they turned to go back the skip¬ per called them and told tho assistant that lie and every other follow who brought that Frenchman into his saloon must drink the same as he takes. Among the devices for causing pain and humiliation to greenhorns was one which appeared to take his fancy very much, viz, (idling the poor lunkhead, or land,lubber, out oj his bed at a quarter to foar in the morning and making him go up to the croia trees, where the crow's nest Is located in i whaler, and there Imitate a rooster crowing until eight bells were struck and the other watch went below, Marching fore and aft the lee side of tho poop'with a handsplkeit ' as a light punishment for "things'," who had never been to sea before. Whllo olgta men were reefing theforetopaall one stormy night, Waterman came forward and let go the weather brace, which earned the yard to soring suddenly, at the same time throw¬ ing four men overboard, all of whom were lost. There wils little doutb that this thing was accidentally done, .as It is said tint the skipper, declared the. topSull brace got away from him and It could not be avoided In 1851," N. L. and Gt Grlswold contracted w Ith Wm. H. Webb, of this city, to build Ikjt ship Challenge; which was to beat every thing afloat This vessel waajjommnndell by Waterman, who made her and oyeiything aboard of her, fly like a race horse, and It was while on her that he shot 'i man frcm the yard arm and lot him drop ombonrd to die. Several years ago he settled In Cali¬ fornia, and grow rich and fat on his ranche, beside holding the position of inspectors' hulls for the port of San Francisco until 1882, when ho retired with much of thin world's goods. G. Fostfii How ill Tho s|eambargeMls80uil was among til fleet on the lumbor market last weik She s well known on the lower lakes, where she has done good service for a number of years. A raise on cargo rates was made Tueldaf at Chicago by the marine Insuianc'o oomp«- nles not In the Insurance pool—nauiul). lll° Glrard, Northwestern, ht. Paul, Continent"1 and tho British America. Tho com|*ni* havo boon writing cargo Insuranco to ltuf- falo at 22^ to 25 oents pel |100, but havo run up \he rates for the stormy season al¬ most at hand. The following schodule w>« adopted To Buffalo, 40 cents' per Pi Sarnia, 85 cents; Colllngwood, 40 Mllt,J Oswego,00 cents; Ogdensburg, fir0/ "" take Erie ports, 40 cents. ' 'i" '