Joseph Henderson v. The United States

by the Government of New York via Alabama Claims

Court of Commissioners of Alabama Claims

709 - Class 1. D. W. F., Clerk 113 - 115

Joseph Henderson  v.  The United States

No. 709  Argued: November 18, 1882 --- Decided: June 5, 1883

No. 709 — Filed November 18, 1882 — D. W. F., Clerk. Attorneys — E. W. Metcalf and Chas. E. Monboe, Washington, D. C, and Thos. B. Hewitt, 111 Broadway, New York city.

PETITION.

To the Honorable the Justices of the Court of Commissioners of Alabama Claims:

The petition of Joseph Henderson, claimant, respectfully shows:

I. That at all the times hereinafter mentioned said claimant was duly licensed as a pilot of the port of New York to pilot vessels in and out of said port by way of Sandy Hook ; that said claimant is of the age of fifty-six years, and was born at Charleston, in the State of South Carolina, on the 9th day of September, 1826; that between the 13th day of April, 1861, and the 9th day of April, 1865, both inclusive, he resided in Brooklyn, in the county of Kings, and State of New York, and at present resides in said city of Brooklyn; that he has never been naturalized in any other country than the United States nor ever taken any steps towards being so naturalized; that at the time of the loss and injury hereinafter mentioned he was entitled to the protection of the United States in the premises, and did at all times during the war of the rebellion and at all other times bear true allegiance to the United States.

II. Said claimant, at the time of his loss hereinafter stated, owned 5/16 of the pilot boat "William Bell" and her appurtenances, which boat, at the time of her destruction hereinafter set forth, was an American vessel enrolled at the port of New York and engaged in the pilot service of the port; and that said pilot boat, while cruising off the port of New York for business, under command of James Callahan, on the 11th day of August, 1864, and about 70 miles E.S.E of Sandy Hook, was, with all her outfits and appurtenances, captured and wholly destroyed by the so-called Confederate cruiser "Tallahassee;" that the said pilot boat was built at Brooklyn, New York, by Edward F. Williams, in the years 1863 and 1864, and was of 118 29/50 tons burden, and at the time of her destruction aforesaid was well found in tackle and apparel, tight, staunch and strong, and well fitted for her business as a pilot boat; that the said pilot boat with her appurtenances was worth at the time of her capture and destruction at least the sum of $24,000 lawful money of the United States, and the average of her net monthly earnings as pilot boat to her owners was fully $380.00 per month, and that six months elapsed before your claimant and the other owners of said boat could replace their said loss by a new pilot boat suitable for their business.

III. That said claimant has never assigned said claim or any part of it or any interest in it, neither has he nor any one on his behalf ever received any sum or thing of value by way of compensation, indemnity, divided, set-off, or otherwise upon his claim for the loss and destruction aforesaid from any insurance company, insurer, or otherwise, although said claimant and the other owners of said boat did together receive voluntary gifts of money from various citizens of New York towards the building of a pilot boat after the aforesaid destruction of the said "William Bell."

Wherefore your claimant prays for judgement for $8,212, with interest thereon from the 11th day of August, 1864, presenting this, his claim, under the first class of claims named in section 5 of the act entitled "An act re-establishing the Court of Commissioners of Alabama Claims, and for the distribution of the unappropriated moneys of the Geneva Award," approved June 5th, 1882.

The post-office address of said petitioner is Joseph Henderson, 633 Willoughby avenue, Brooklyn, N. Y.

The post-office address of E. W. Metcalf, attorney in fact, is Washington, D. C.

The post-office addresses of counsel are Charles E. Monroe, Washington, D. C.; Thombas B. Hewitt, 111 Broadway, New York city.
JOSEPH HENDERSON.

STATE OF NEW YORK,
City and County of New York,
and Southern District of New York,

Joseph Henderson, being duly sworn, says that he is the petitioner above named in the foregoing petition; that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated on information and belief, and that as to the same he believes it to be true.
JOSEPH HENDERSON.

Sworn to before me and subscribed in my presence this 3 day of Nov., A. D. 1882.
J. WORDEN GEDNEY,
Notary Public, Kings and N. Y. Cos.