but derives its sole profit from licensing others to use them. That the defendant is not a manufacturer, but uses one of these machines in a series of roller-mills; and that the issuing of this injunction would involve the stoppage of the entire series, and a large expense to him in purchasing a new mill, or in so reconstructing this one as to avoid the use of plaintiff's invention. The counter-affidavits, however, satisfy me that his estimate of damages is greatly exaggerated, and that the change could be made with but little expense or inconvenience, and without stopping his establishment. It is incredible that an accident, which is liable to occur at any time, should involve the disastrous consequences set forth in the defendant's affidavits. We are willing, however, that he should have 20 days to make the necessary changes. At the expiration of this time, the usual injunction will issue, to stand until the final decree, after which, if an appeal be taken, the propriety of continuing the injunction under the ninety-third rule will be considered by the court. We do not wish to be understood as denying the power of the court to stay an injunction, even after final decree, and, if this writ involved the stoppage of a manufactory, in the operation of which a large number of people were interested, the question might be determined by different considerations. The motion is denied.

THE CITY OF CARLISLE.

Basquall v. THE CITY OF Carlisle.

(District Court, D. Oregon. August 20, 1889.)

1. ADMIRALTY-JURISDICTION.

The United States courts, as courts of admiralty, have jurisdiction of all cases of admiralty cognizance when the thing or parties are within the reach of their process, without reference to the nationality of either.

2. SEAMEN-PROTECTION-SICKNESS.

It is the right of a seaman injured in the service of a vessel to be cared for at least to the end of the voyage, and nothing short of gross negligence or willful misconduct, causing or concurring to cause the injury, will forfeit such right.

8. SAME-LIEN FOR INJURIES.

A seaman injured in the service of a vessel has a lien on the same for the damages he may sustain by reason of the neglect or misconduct of the officers thereof, in caring for him while affected by such injury.

4 EVIDENCE-DOCUMENTARY-LEX FORI.

The admissibility or competency of evidence in a legal proceeding pertains to the remedy, and is governed by the lex fori, and therefore a clause in the British shipping act of 1854, making certain entries in the official log-book competent evidence in all courts, does not make them so in the courts of any other country.

5. ADMIRALTY-PLEADING-JOINDER OF CAUSES.

The joinder of causes of suit not enumerated in admiralty rules 12 to 20, inclusive, are not governed thereby, but by rule 46; and, where the facts in a case establish a liability against the master and a lien on the ship for the same claim, such liability and lien may be enforced in one libel.

6. SEAMEN--DAMAGES FOR NEGLECT.

On the facts found, held, that the master and vessel are liable to the libelant for damages for not caring for him after his injury as he was entitled to be, and for the aggravation of his injury and suffering caused thereby.

(Syllabus by the Court.)

In Admiralty. Libel for damages for injuries sustained, and neglect and maltreatment thereafter.

Edward N. Deady, for libelant.

C. E. S. Wood and J. Ditchburn, for defendant.

DEADY, J. William Basquall, a minor, by his guardian, Frederick V. Holman, brings this suit against the British bark City of Carlisle, and her master, C. D. Moore, to recover $15,000 damages, for an injury sustained by him on board said bark, and neglect and maltreatment thereafter.

The charge in the libel is shortly this: In sending the main lower topsail down on one occasion, the work was so carelessly and negligently done as to cause the starboard clew-iron thereof to strike the libelant on the head and fracture his skull; and thereafter the master failed to give or procure for the libelant such medical aid and assistance as the case required, and he "was able to give and render," and maltreated and abused him.

The master admits, in his answer, that the libelant was injured as alleged, but avers that the injury was not caused by any negligence or carelessness in lowering said sail, but by the fault and carelessness of the libelant. He denies that he failed to give the libelant such medical aid and attention as the case required, and he was able to give or render, or that he maltreated him or abused him; and avers, in effect, that the libelant was well cared for after said hurt.

Some 36 witnesses were examined,-22 by the libelant and 14 by the defendant. Among these were 11 of the officers and crew of the bark, and a number of experts who were called to testify whether or not the sail was lowered in a seamanlike manner.

The evidence from the vessel is, of course, more or less contradictory. Those of the crew who remain with the bark are called by the defendant, while those who have left her are called by the libelant.

The master, mate, second mate, steward, and two apprentices, who are in the last year of their service, testify for the vessel, while the cook, sailmaker and two apprentices, including the libelant, and a stowaway boy, testify for the libelant.

In weighing this evidence, I am constrained to believe that the master is not worthy of credit, and his testimony is of but little worth. The mate, George Dodd, impressed me favorably as a man. But he has been with his present employers, as man and boy, for a number of years, and may reasonably expect employment from them, in the near future, as a master. Under these circumstances he is strongly tempted to make as good a case as he can for the vessel, which I think he has done, without

going so far as to tell a downright falsehood. But he does not always remember when I think he might.

John A. Bebb is an apprentice in the service of the vessel's owners. He has only eight months more to serve, when, if he remains with the ship, he may be examined for a mate's certificate. I think he made up his mind that he could not testify against the ship, and go home in her with safety and comfort to himself. I am convinced that he gave altogether a different account of the matter to the libelant's attorney, when he may not have thought that he would be called as a witness, from that which he gave on the witness stand. It was indeed pitiful to see the confusion and shame on the poor fellow's face as he tried to deny or explain his former utterances.

Of the rest of the crew that remain with the bark, Harry Hart, the second mate, Thomas Noble, the steward, and George Eggert, an apprentice, nothing more need be said than this: that in giving their testimony they probably did not forget that the master had it in his power to make them very uncomfortable during the remainder of the voyage, which circumstance ought not to be overlooked in estimating the value of their evidence.

The libelant is largely interested in the result of the suit. Therefore his testimony ought to be received with caution, if not distrust. But he appears to be a simple, honest lad, and I seldom, if ever, heard one in his walk in life, or any other, testify with more apparent candor and artlessness than he did. The same may properly be said of the other three boys who testified for him, Henry Carley, the stowaway, William J. Freer, an apprentice, and Lawrence Ainsworth, an apprentice left in this port by a British vessel some months ago, and a former shipmate of the libelant in a training vessel at Liverpool.

Estimating the evidence in the light of these suggestions, I find the facts as follows:

(1) The libelant, a native of Dublin, whose parents reside at Stockport, Cheshire, having served two years and four months in the training ship Indefatigable, at Liverpool, was on September 22, 1888, at the age of 16 years, with the consent of the officers of said ship, voluntarily apprenticed to Peter Iredell & Sons, of Liverpool, for the term of four years, to learn the business of a seaman, and thereupon he was duly shipped. on the bark City of Carlisle, a vessel of 204 feet in length and 37 feet beam, then and now owned by said Iredell & Sons, to serve thereon as such apprentice on a voyage from Liverpool to Portland, Or., and thence elsewhere on the Pacific coast, and back to a port of discharge in the United Kingdom.

On Monday, November 12, 1888, at 8 o'clock A. M., in latitude 24.19 S., and longitude 37.15 W., and about 6 deg. or 332 geographic miles east of Rio Janeiro, it being the first mate's watch on deck, in which were the libelant and Carley, it was determined to change the lower main topsail for a heavier one, as they were getting out of the tropics, whereupon the mate gave directions to prepare the sail to be lowered on deck, which was done by a seaman and the libelant and Car

ley, the latter two of whom cut the robands or ropes that fastened the head of the sail to the yard, and then returned to the deck.

Under the direction of the mate the sail was clewed up or the lower corners brought up to the yard at the bunt or middle of the sail, by means of the clew-lines, the buntlines or ropes used to pull up the sail were hauled, a gantline or rope used to lower the sail was rove through a block on the crosstrees and sent down and bent around the sail and hauled taut; then the sheets and clew-lines were taken off, the earings loosed, the robands cut, and the head earings brought into the gantline and then made fast, and then the sail was lowered.

The clews when hauled up were not stopped or fastened together, and, when the clew-lines were detached from the clew-irons, the clews or lower corners of the sail fell down loose on either side of the gantline. At this time there was from a four to a six knot breeze on the starboard quarter, and the yard was braced so as to let the sail down on the port or lee side. Before and at the time the sail was being furled and lowered the master was on the port side of the poop overlooking the sailmaker who was preparing the sail to be sent aloft in the place of the one coming down. The libelant was standing on the starboard side of the vessel, just forward of the main hatch, and Carley was standing on the port side of the poop, assisting the sailmaker.

In lowering the sail the ship rolled, and the starboard clew got foul of the mainstay, and the mate thinking it would clear itself-be pulled over the stay by the weight of the descending sail, to the port side-allowed it to lower until he feared that if it did clear itself the clew-iron would hit the deck and mar it, when he sang out, "Hold on the gantline,"the rope with which the sail was being lowered,—and sent the man then aloft down the mainstay to clear the clew. Before the man went down the stay the mate sang out, "Stand clear," and just before the clew was let go-passed over to the port side of the stay-he said, "Look out there."

As the clew was being cleared from the stay the master called to Carley to tell the libelant to come aft, where he wanted him to help the sailmaker. Carley went forward on the port side of the vessel, and told the libelant the master wanted him. The latter started aft immediately, going quickly across the main hatch in a diagonal direction, and as he reached the after corner of the same, on the port side, the clew of the sail dropped from the mainstay, and the clew-iron, an irregular shaped ring of four or five pounds weight, fastened to the corner of the sail, struck him on the right side of the head, about two-thirds of the way from the ear to the crown, and fractured and depressed his skull, from the effect of which he fell senseless on the deck.

(3) The mate and others who were present picked libelant up and carried him to the poop, where the steward, under direction of the master, washed the wound, cut the hair away around it, put some balsam on it, bandaged it, and moistened his lips with brandy, when he was taken forward and placed in his bunk in the house on deck, and Carley set to watch him that day and during the nights following, for some three or

four weeks. During the day the master took some stitches in the wound, and this is all the personal attention he ever gave the libelant while confined to the house, except to look in the room once a day or less, and turn up his nose at the smell, and go away.

In this condition the libelant was left in an unconscious or delirious state, sweltering and rolling in his own excrement, with no regular attendant but the boy Carley at night, and such casual attention and observation as he might receive from the members of the crew during the day, until Sunday, the 18th day of November, when the master, on repeated complaint of some of the crew, permitted, rather than directed, the mate and others to wash him and put some clean burlap under him. On the next day the mate restitched the wound, the first stitches having broken out, and thereafter he was washed at regular intervals and his personal comfort in this respect reasonably cared for; but he was stinted in his food and water, and some of what he got was furnished or obtained for him by members of the crew.

(4) In about six or seven weeks from the date of his injury the libelant was "turned to" by order of the master, and kept at work on deck from 6 in the morning to 6 in the evening, for the rest of the voyage; at first making paint swabs, sennit, and then cleaning brass, scraping deadeyes, washing and sweeping decks, hauling on the braces and handling sails,-in short, all ordinary seaman's work except going aloft.

(5) The wound on the libelant's head was still a running sore when he was set to work; at the same time he had a bad bed sore on his buttock, another on his heel, and one on his ankle. On account of the latter two he could not wear his shoes, and in the tropics the hot deck burned his feet. From neglect, these bed sores got proud. flesh in them, and finally, at the suggestion of one of the crew, the libelant went to the master and asked him "to burn" them, which he did with caustic, repeatedly. In so doing he made the libelant let down his trousers, while on the poop, and needlessly expose his private parts, at the same time making brutal and indecent remarks to him on the subject.

(6) In consequence of the injury to his brain, the left side of the libelant, and particularly the arm and leg, were paralyzed, so as to seriously affect the use of them during the remainder of the voyage, in addition to which his eyesight was much impaired and his perception and memory materially weakened, notwithstanding which the master required him to be on deck and at work as aforesaid, and often arbitrarily compelled him, to his great discomfort, to stand up, when the work at which he was employed admitted of his sitting down; he also habitually accosted him in a harsh, derisive, and contemptuous manner, calling him a "useless bugger," a "wastrel," and the like.

(7) On March 13, 1889, the vessel arrived at Portland, when the libelant had leave to go ashore in the evening, where he met a boy, the witness Ainsworth, whom he knew on the training ship at Liverpool, who took him to a boarding-house and saloon kept by the witness Mrs. Pauline Rosenburg, where he stayed all night. In the morning Mrs. Rosenburg took him down to the vessel, and with the assent of the mas