The Virginian-Pilot
                            THE VIRGINIAN-PILOT  
              Copyright (c) 1994, Landmark Communications, Inc.

DATE: Friday, December 23, 1994              TAG: 9412230536
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY LANE DEGREGORY, STAFF WRITER 
DATELINE: HATTERAS VILLAGE                   LENGTH: Medium:   94 lines

SAILBOAT'S FINDERS ARE NOT ITS KEEPERS BOAT'S OWNERS REACHED A DEAL WITH MEN WHO FOUND VESSEL.

Murray and Hazel Switzer are back on their boat.

Two weeks after commercial fishermen towed an abandoned 44-foot sailboat into the docks at this southern Outer Banks village, the Canadian couple rescued from the boat during Hurricane Gordon moved back aboard.

A lawyer for the fishermen who found the boat said Thursday that his clients will be paid for their salvage efforts.

``We reached an agreement today which we feel is a fair and reasonable settlement to both sides,'' said Beaufort attorney Stevenson Weeks, who represented Hatteras Island fishermen Robert Harrison and Dale Farrow. ``I'm not at liberty to reveal the terms of the agreement yet. I may not ever be. But we're glad we were able to resolve this without having to take it to court.''

On Nov. 14, Murray and Hazel Switzer were sailing their double-masted vessel about 125 miles east of Daytona Beach, Fla., when Hurricane Gordon began hurling toward them.

With 20-foot waves crashing over the hull and worse weather expected, the couple decided they couldn't save their craft themselves. An Air Force rescue crew plucked them off the water-logged decks to safety.

But the sailboat - and all of the Switzers' personal possessions - were left to sink.

Twenty-two days later, Harrison was fishing for king mackerel off Cape Hatteras when he spotted the sailboat about six miles from shore. He and fellow fisherman Farrow towed the HMS Destiny to Oden's Dock in Hatteras Village. The boat had drifted more than 360 miles.

It has remained anchored in Hatteras since Dec. 6, awash in legal questions and waiting to be claimed.

On Tuesday, the Switzers drove 18 hours from Toronto to the Outer Banks to see their sailboat - which also had been their home. The retired couple has moved in with Hazel Switzer's mother in Canada. Their sailboat, which Weeks said is worth about $69,000, was uninsured.

``The fishermen who salvaged the sailboat have turned over clothing and a lot of other personal items to the Switzers. And the Switzers are very grateful for that,'' said Reid Hinson, a Wilmington attorney who is representing the Canadian couple.

``But there are some items which have been removed from the boat and have not been returned. We're hopeful this matter can be resolved. The Switzers have suffered a lot since the storm.''

Weeks said his clients took the dingy, life raft, two outboard motors and several other electronic items off the sailboat so no one else would steal them. The fishermen stowed that cargo in a storage shed, their lawyer said.

``My people turned over all the clothing already. One of the fishermen's wives even washed, ironed and folded it for the Switzers,'' said Weeks.

``The couple plans to go back to Canada for Christmas, then return to the Outer Banks next week. They should be able to get the rest of their stuff then.''

On Wednesday, Weeks and Hinson met for almost five hours in Hatteras Village, discussing what would be reasonable compensation for the fishermen's salvage efforts. Both lawyers and Hazel Switzer refused to disclose any amounts. Weeks said the couple will get all of their goods back, while the fishermen will receive a payment for their salvage services. ILLUSTRATION: Color photo

DREW C. WILSON/Staff

The HMS Destiny, abandoned off the Florida coast during Hurricane

Gordon, turned up off Cape Hatteras Dec. 6.

Graphic

STORY OF THE HMS DESTINY

When Hurricane Gordon forced Murray and Hazel Switzer to abandon

their 44-foot sailboat off Daytona Beach, Fla., last month, the

Canadian couple lost everything they had. The double-masted vessel

had been their home. Everything they owned was aboard.

Three weeks ago, two Hatteras Island fishermen found the boat, the

HMS Destiny, off the southern Outer Banks. They towed it to shore

and anchored it at Oden's Dockin Hatteras Village. Although it had

drifted more than 360 miles in 20-foot seas, the sailboat appears to

be in good shape.

On Thursday, lawyers for the Switzers and the fishermen settled a

dispute about how much the salvage efforts were worth. The attorneys

refused to disclose a settlement amount, but the Switzers have to

pay the fishermen for rescuing their uninsured sailboat.

A group of Hatteras Island residents wants to help the Canadian

couple pay that salvage fee. The local residents have established a

trust fund for the Switzers and are asking for donations. If you

wish to contribute, send a check to: Friends of HMS Destiny, c/o

East Carolina Bank, Hatteras Village, N.C. 27943.

by CNB