· 50 mnmuui REPORTER-
upon the guards and in the engine-room of the boat. There being, at
the place of disaster, no adequate means of removing or protecting
the cargo, or of obtaining any assistance by telegraph or letter, the
captain left the Mitchell in charge of the mate, with instructions to
keep the cotton and other cargo from floating oif, and to save and
protect it so far as could be done, went to Memphis, and ordered the
wrecking boat, then lying below St. Louis, to go at once to the Mitch-
ell. He also found the steam—boat Cl1oteau at the landing, loading
for New Orleans, and engaged her at an agreed freight or salvage to
stop on her down trip at the place of disaster, and assist in taking
off the cotton and other freight stowed upon the deck, as well for the
purpose of lightening the Mitchell and preparing to raise her and the
remaining cargo on board, as for sending the cargo so removed for-
ward to its destination or to a. place of better security. The captain
of the Mitchell accompanied the Choteau to the place of the accident,
but upon arrival found the condition of things to have become more
serious; and the Choteau refused to receive and transport the cotton
except at an advanced freight or salvage. An agreement as to price
was reached, and the master and crew of the Mitchell assisted the
crew of the Choteau to unload the greater portion of the cotton, with
other freight which was on the deck and in the engine·room, and
place it upon the Choteau. . .
There was no place at or near this point where the cargo thus re-
moved to the Ghoteau could be protected and saved from further loss
so well or cheaply as by sending it on to New Orleans, the port of
destination. The captain of the Mitchell shipped it all in his own
name to an agent selected by him in New Orleans, with instructions
to deliver it to the consignees upon their signing an average bond.
Upon its arrival in New Orleans the underwriters of the cotton ob-
tained possession of it upon the payment of the Choteau’s freight, with-
out giving any average bond, they claiming that it was nota case for
a general average. This cotton and other cargo received by the Cho-
teau and forwarded to New Orleans did not require for its removal
and protection the aid of the wrecking boat, but it was protected upon
· the Mitchell by her own oiiicers and crew, who assisted the crew of the
Choteau in removing it from the Mitchell and placing it upon the
Choteau. The wrecking boat was in the mean time on its way to the
Mitchell, but did not arrive there until after the Ohoteau left with the
cotton in question. It did, however, arrive at the Mitchell and had
commenced efforts to raise her andthe remaining cargo several days
. before the Choteau arrived at New Orleans. The cotton in question
was delivered to the agent appointed by the captain of the Mitchell,
and before the same came to the underwriters of the cotton.
. In the raising of the Mitchell difficulties not anticipated were en-
countered,and portions of the boat had to be cut away. The value of
the boat and remaining cargo raised was but about one-third the value
of the boat and cargo, including the cotton in question. The freight-
O