Dooley

The libel in this case is for seamen’s wages. The serv; ice is admitted. The defense set up is a forfeiture of wages by desertion. The men are shown to have left the ship immediately on her arrival. The shipping articles are produced, and the voyage is described therein as “from New York to San Francisco; thence to any port or ports in Pacific or Indian oceans, or China seas, or Europe, as the master may direct; and thence back to an Atlantic port of discharge in the United States, for the full term of eighteen months.” Under this agreement, if signed and fairly entered into by them, the men were clearly bound to remain by the ship, under penalty of forfeiture of wages if they deserted. The question, therefore, is, are they shown to have made the contract?

The proofs of the execution of the articles offered by the claimants, consist of (1) their production and identification as the shipping .articles for the voyage; (2) the fact that the men came in the ship in the capacities therein specified; (3) a kind of tacit admission claimed to have been made by them after the ship’s arrival at this port. With respect to this last item of proof the facts appear to be as follows: On the…