United States v. Smith

BRYAN, Circuit Judge.

This is a libel by the crew of the steamship Hahira for wages, in which it is alleged that the master failed to comply with a demand for half wages at the port of New Orleans, and that the crew thereupon became entitled, under R. S. § 4530, as amended (Comp. St. § 8322), to the balance of wages earned and remaining unpaid. The defenses were that the cargo had not been loaded or delivered at New Orleans, that nevertheless the master had paid or offered to pay one-half of any amount earned by any member of the crew, and that the crew deserted, and thereby forfeited all…