Page:Federal Reporter, 1st Series, Volume 8.djvu/855

 IHa GBAF KLOT TBAUTVETTER. 841 �quainted Avith the signature of P. Belt, and that in his opinion the signature to the power of attorney as witness was P. Belt's, although he would net swear to it. �The testimony further shows that the power of attorney in ques- tion was prepared by Messrs. Lord & Inglesby, the attorneys of the intervening libellants, upon diseovery that the ship Neptune, aboard which the aforesaid seaman had shipped, had not crossed the bar and was still in port; that it was arranged that Mr. Inglesby, oi said firtn, should accompany Capt. Frundt to the Neptune the next day (wMbh was Sunday) and witness the execution of the power of attorney; that in execution of such arrangement fo. Inglesby met Capt. Frundt at 10 o'clock A. M., the hour appointed, at Southern wharf, ana was prevented from going to the Neptune by a heavy fog; that Mj:. Inglesby was nnable to go the next day, (Monday,) being compelled to go to Columbia that night, and gave the power of attorney to Capt. Frundt to take to the Neptune and obtain the signatures of the sea- men to the same; that the power of attorney was returjied to Mr. Inglesby the same day by Capt. Frundt, executed as offered in evi- dence. �The evidence further shows that the shipping articles of the bairk- entine Trautvetter were delivered to Mr. Witte, the German consul, on the third day of September, the day after the arrivai of the said vessel in the port of Charleston, and remained in his possession until produced in evidence in this cause. �From the evidence before me, I report that the signatures to the power of attorney are genuine. �The evidence further sbows that the said seamen voluntarily shipped on the ninth of November, 1880, on board of the ship Nep- tune, for Bremen, a port nearer to Barth, their home port, than Ant- werp, the port from which they originally shipped. It does not show, however, the wages at which they shipped. In the absence of proof to the contrary, the presumption is that the wages they shipped at aboard the Neptune were at least equal to those for which they had contracted aboard the Trautvetter. I report that the said seamen are not entitled to return passage home and wages, as stated in the claim in their petition. Objections were made to the increase of wages set forth in the claims of August Lass, William Muller, and John Saat- man, on the ground that provision for the same did not appear in the shipping articles. �The evidence shows that August Lass shipped aboard of th& Trautvetter as a seaman, and was promoted to the position of steward ��� �