Ashur Ware
Judge Ware no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ware decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Ware required admiralty pleadings and proof to align closely enough that the opposing party understood the charge and the decree followed the issues actually tried.
“The evidence must be confined to the matters put in issue by the parties, and the decree must follow the allegations and proofs.”
Ware enforced maritime contracts according to the parties' evident practical understanding rather than refined distinctions they were unlikely to have contemplated.
“When the intention of the parties can he plainly understood, the duty of the court is to enforce the contract according to that meaning, and this is the dictate as well of the technical rules of law, as of common sense, and this rule applies with all its force to mariners’ contracts, who are a plain people, and their agreements ought not to be settled on refined distinctions which they never contemplated.”
Procedural preferences
Ware applied settled navigation rules directly, placing the burden of avoiding collision on the vessel with greater freedom to maneuver.
“One of the first laws of the sea, sanctioned both by the customs of the water, and confirmed by numerous judicial decisions, is that the ship which has the wind free must take on herself the trouble and care of keeping free from a collision, and the consequence is that the vessel close-hauled must keep her course.”
Ware treated delayed wage payment to seamen as a serious practical harm when deciding whether prompt suit and costs were justified.
“In cases of seamen, a dtlay of payment practically amounts to nearly a denial of payment.”
Cautions
Ware recognized a master's authority to enforce lawful orders at sea, while preserving later judicial review of harsh or unjust use of that authority.
“He may exercise it properly, or harshly, and unjustly, and for this he is answerable, when he returns to port.”
Ware placed the burden on a vessel owner claiming unavoidable necessity as an excuse from statutory wage obligations.
“if the owner would exempt himself from the payment, he must show that the sale is within the exception, that it was a sale rendered necessary by unavoidable accident.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“My opinion is, upon the whole, that the present libel cannot be sustained, and must be dismissed, but it is dismissed without costs.”
“All fair deductions have been made, and I allow them wages according to the balance: To Waterman, $103.90; to Cunningham, $25.73.”
“The loss must therefore fall on the barque, and there must be an inquiry to ascertain the amount of damage.”
“The schedule was afterwards amended in this particular, and on a subsequent day a decree passed.”
“My opinion is that Trott is justly entitled to costs.”
“The libel is dismissed, but without cost to either party.”
“In the present case there must be declared a forfeiture.”
“Wages, at $20 per month, for four months and nine days.$87 00 For the sail deduction.. 5 00 $92 00”
Caseload & timing
From public federal docket records for this judge.
No case-level docket record was returned for Ware's 1822-1866 tenure. The profile therefore makes no claim about caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Ware no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.