Page:Federal Reporter, 1st Series, Volume 7.djvu/610

 598 FEDERAL REFOfiTEB. �not returned, until 8 o'clock in the moTning, the master having in the mean time gone ashore In searcli of libellant, without success; and that the libellant's efEects on board were not worth over ^10. �The weight of the evidence is, I think, that the libellant knew that the vessel was to sail early in the morning, and that he had leave of absence only for an hour; that he was left behind by bis own fault in not returning to the vessel, and the vessel waited for him several hours, at an increased expense for towage of $40; that the libellant had no such clothing and effects on board, either in amount or value, as represented in bis libel; that one pair of boots belonging to him was taken by the mate on the return voyage, and ac- counted for to the ship at four dollars, which was their falr value; that as to the rest of the articles they were of little or no value, and weee delivered at New York to a relative of libellant, whom he sluthorized to receive them. It also ap- peared that the libellant, though not in New York again till shortly before filing the libel, had been in Boston, Baltimore, and other American ports, and had a relative here with whom he corresponded about his clothing, but that he never made any claim for his wages until shortly before filing his libel. There was due to the libellant up to the time he left the vessel $11.09 for wages. I am satisfied by the proof that he is not entitled to any wages after that time, and that he knew it. His laches creates a strong presumption against him, which is conurmed by the evidence. He was not treated as as a deserter, nor entered as such in the log; therefore his wages up to the time he left are not forfeited. He is entitled to $11.09 wages, and $4 received by the vessel for his boots; in all, $15.09. Ordinarily, costs are not denied in a case of wages, but where the seaman tacks on to a small claim for wages a large claim to which he is not entitled, the court will sometimes refuse costs. The Louisana, 4 Fed. Rep. Y51, and cases cited. This libellant was not an igno- rant seaman, but a person of considerable intelligence, and I think the case is a proper one in which to refuse costs. �Decree for libellant for $15.09, without costs to either party. ��� �