United States v. James P. Staples, Bernard D. Oslin, Richard C. Cooper

Staples filed a petition on September 4, 1957, for the payment to him of wages and return of his clothing and effects under Admiralty Rule 42, 28 U.S.C.A., on the ground that these had been improperly forfeited for desertion. It was alleged that he was a member of the crew of USNS Escambia and that on May 5,1957, he left the ship on shoreleave with the permission of the Master, but that the latter nevertheless logged him on that date as a deserter. It is set up that there was in the Registry of the Court $1,-641.20, wages due him at the time he was so logged. Staples alleged the reason for his failure to rejoin the ship was as follows:

On September 6, the United States filed an answer to this claim, which admits the logging of Staples as a deserter, but denies on information and belief allegations of Staples as to the reason why he failed to join the ship. On the same day, the United States also filed a claim for the sum in the registry.

On September 4, also, the United States filed a claim for the sum of $1,-939.16, wages of Bernard D. Oslin, forfeited for desertion upon the same voyage.

On September 10, 1957, Oslin filed a petition for the same amount for wages claimed…