The Wreck Of The Titan

CHAPTER 12

THERE was a moment's silence while the two captains eyed one another, broken by the attorney, who said:

"Whether this story is true or false, it certainly has no bearing on the validity of the policy. If this happened, it was after the policy attached and before the wreck of the Titan."

"But der concealment—der concealment," shouted Mr. Meyer, excitedly.

"Has no bearing, either. If he concealed anything it was done after the wreck, and after your liability was confirmed. It was not even barratry. You must pay this insurance."

"I will not bay it. I will not. I will fight you in der courts." Mr. Meyer stamped up and down the floor in his excitement, then stopped with a triumphant smile, and shook his finger into the face of the attorney.

"And even if der concealment will not vitiate der policy, der fact that he had a drunken man on lookout when der Titan struck der iceberg will be enough. Go ahead and sue. I will not pay. He was part owner."

"You have no witnesses to that admission," said the attorney. Mr. Meyer looked around the group and the smile left his face.

"Captain Bryce was mistaken," said Mr. Austen. "This man was drunk at New York, like others of the crew. But he was sober and competent when on lookout. I discussed theories of navigation with him during his trick on the bridge that night and he spoke intelligently."

"But you yourself said, not ten minutes ago, that this man was in a state of delirium tremens up to der collision," said Mr. Meyer.

"What I said and what I will admit under oath are two different things," said the officer, desperately. "I may have said anything under the excitement of the moment—when we were accused of such an infamous crime. I say now, that John Rowland, whatever may have been his condition on the preceding night, was a sober and competent lookout at the time of the wreck of the Titan."

"Thank you," said Rowland, dryly, to the first officer; then, looking into the appealing face of Mr. Meyer, he said:

"I do not think it will be necessary to brand me before the world as an inebriate in order to punish the company and these men. Barratry, as I understand it, is the unlawful act of a captain or crew at sea, causing damage or loss; and it only applies when the parties are purely employees. Did I understand rightly—that Captain Bryce was part owner of the Titan?"

"Yes," said Mr. Meyer, "he owns stock; and we insure against barratry; but this man, as part owner, could not fall back on it."

"And an unlawful act," went on Rowland, "perpetrated by a captain who is part owner, which might cause shipwreck, and, during the perpetration of which shipwreck really occurs, will be sufficient to void the policy."

"Certainly," said Mr. Meyer, eagerly. "You were drunk on der lookout—you were raving drunk, as he said himself. You will swear to this, will you not, my friend? It is bad faith with der underwriters. It annuls der insurance. You admit this, Mr. Thompson, do you not?"

"That is law," said the attorney, coldly.

"Was Mr. Austen a part owner, also?" asked Rowland, ignoring Mr. Meyer's view of the case.

"One share, is it not, Mr. Austen?" asked Mr. Meyer, while he rubbed his hands and smiled. Mr. Austen made no sign of denial and Rowland continued:

"Then, for drugging a sailor into a stupor, and having him on lookout out of his turn while in that condition, and at the moment when the Titan struck the iceberg, Captain Bryce and Mr. Austen have, as part owners, committed an act which nullifies the insurance on that ship."