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Cussler ends lawsuit over finding Hunley
Author's foe, however, refuses to give up claim
By Schuyler Kropf (Contact)
The Post and Courier
Saturday, August 23, 2008
Clive Cussler says he doesn't need another court victory to prove he found the Hunley submarine, so on Friday he dropped his seven-year legal battle with a South Carolina man over the claim.
Lawyers for the author and shipwreck hunter filed a motion to dismiss Cussler's lawsuit against rival Edward Lee Spence, a man who claims he found the Confederate submarine several years earlier.
Cussler filed the suit in 2001 to stop Spence from telling people the adventure writer had jumped his claim. Spence filed a countersuit, which was thrown out of court last year.
"Being one who is not, by nature, litigious, I am pleased with this step toward ending the long, unnecessary conflict with Mr. Lee Spence," Cussler said. "Though I commend
Mr. Spence's perseverance, it has been proven time and again that he did not locate the H.L. Hunley. ... Also, it is my understanding that Mr. Spence is in poor physical and financial health, and I have no desire to add to these burdens."
A team of archaeologists hired by Cussler and his non-profit National Underwater and Marine Agency found the long-lost Civil War-era submarine in May of 1995, ending more than a century of searches for the first sub to sink an enemy ship.
Soon after Cussler announced his find, Spence renewed his claim that he had found the wreck in 1970 — an announcement he first made in 1975. The National Park Service, the U.S. Navy, and the state Hunley Commission credited Cussler with the discovery. Last year, Senior U.S. District Judge Sol Blatt Jr. tossed out Spence's countersuit against the author, claiming the statute of limitations had expired on any claim he might have had.
"It is apparent that further litigation and continued affirmation of Mr. Cussler's role in the discovery of the Confederate submarine H.L. Hunley is unnecessary," said Ric Tapp, Cussler's attorney. "The court has now barred Mr. Spence's claim and the public, the Hunley Commission and the National Park Service have expressly credited NUMA with the discovery of the H.L. Hunley."
Despite all that, Spence won't relinquish his claim.
"I fought very hard to have my case heard because I wanted my day in court," Spence said during a brief interview Friday. "Why, if Cussler thought he could win, he is dropping the case after seven years, is beyond me."
The lawsuit had been delayed many times over the years, most often at Spence's request while he changed lawyers or took time out for medical reasons. After Blatt threw out his countersuit in 2007, no appeal was filed.
Spence has said he found the sub while diving off a friend's boat in 1970 to free a fish trap. Cussler's attorneys had conflicting accounts from others on the boat and would have used them had the case gone to trial.
In addition, Cussler's case against Spence included changing coordinates for the location of the wreck; contradictory statements made by Spence regarding the size of his discovery and the Hunley, and his lack of proof. The Hunley was found buried 5 feet below the ocean floor, and a study by Coastal Carolina University scientists found that the submarine had not been exposed on the ocean floor since the late 19th century. Spence claimed the Hunley was visible.
Spence said he had studies that said different, and his countersuit contended that he had suffered damages between $100,000 and $309 million because he was denied his claim. Cussler said he never made any money off the Hunley, but its discovery cost him thousands.
Some people close to the Hunley project said that even if the lawsuit had gone to trial and Cussler prevailed, it would not have stopped Spence from telling his story, which is repeated in a couple of books about the sub, and on Wikipedia, an Internet encyclopedia web site that can be edited by anyone.
"While Lee is disappointed that he did not get his day in court, he is satisfied that his find is vindicated in the court of public opinion," said Ronald L. Richter Jr., Spence's lawyer.
State Sen. Glenn McConnell, chairman of the state Hunley Commission, said he's glad to see another chapter in the sub's history closed.
"It's apparent that Cussler is satisfied with the recognition he's gotten," McConnell said.
The sub's caretakers, meanwhile, said the dispute means little to the sub's future.
"Our focus continues to be discovering the history of the Hunley and laying the ground- work for a world-class maritime museum," said Darlene Russo, manager of Friends of the Hunley.
Cussler ends lawsuit over finding Hunley
Author's foe, however, refuses to give up claim
By Schuyler Kropf (Contact)
The Post and Courier
Saturday, August 23, 2008
Clive Cussler says he doesn't need another court victory to prove he found the Hunley submarine, so on Friday he dropped his seven-year legal battle with a South Carolina man over the claim.
Lawyers for the author and shipwreck hunter filed a motion to dismiss Cussler's lawsuit against rival Edward Lee Spence, a man who claims he found the Confederate submarine several years earlier.
Cussler filed the suit in 2001 to stop Spence from telling people the adventure writer had jumped his claim. Spence filed a countersuit, which was thrown out of court last year.
"Being one who is not, by nature, litigious, I am pleased with this step toward ending the long, unnecessary conflict with Mr. Lee Spence," Cussler said. "Though I commend
Mr. Spence's perseverance, it has been proven time and again that he did not locate the H.L. Hunley. ... Also, it is my understanding that Mr. Spence is in poor physical and financial health, and I have no desire to add to these burdens."
A team of archaeologists hired by Cussler and his non-profit National Underwater and Marine Agency found the long-lost Civil War-era submarine in May of 1995, ending more than a century of searches for the first sub to sink an enemy ship.
Soon after Cussler announced his find, Spence renewed his claim that he had found the wreck in 1970 — an announcement he first made in 1975. The National Park Service, the U.S. Navy, and the state Hunley Commission credited Cussler with the discovery. Last year, Senior U.S. District Judge Sol Blatt Jr. tossed out Spence's countersuit against the author, claiming the statute of limitations had expired on any claim he might have had.
"It is apparent that further litigation and continued affirmation of Mr. Cussler's role in the discovery of the Confederate submarine H.L. Hunley is unnecessary," said Ric Tapp, Cussler's attorney. "The court has now barred Mr. Spence's claim and the public, the Hunley Commission and the National Park Service have expressly credited NUMA with the discovery of the H.L. Hunley."
Despite all that, Spence won't relinquish his claim.
"I fought very hard to have my case heard because I wanted my day in court," Spence said during a brief interview Friday. "Why, if Cussler thought he could win, he is dropping the case after seven years, is beyond me."
The lawsuit had been delayed many times over the years, most often at Spence's request while he changed lawyers or took time out for medical reasons. After Blatt threw out his countersuit in 2007, no appeal was filed.
Spence has said he found the sub while diving off a friend's boat in 1970 to free a fish trap. Cussler's attorneys had conflicting accounts from others on the boat and would have used them had the case gone to trial.
In addition, Cussler's case against Spence included changing coordinates for the location of the wreck; contradictory statements made by Spence regarding the size of his discovery and the Hunley, and his lack of proof. The Hunley was found buried 5 feet below the ocean floor, and a study by Coastal Carolina University scientists found that the submarine had not been exposed on the ocean floor since the late 19th century. Spence claimed the Hunley was visible.
Spence said he had studies that said different, and his countersuit contended that he had suffered damages between $100,000 and $309 million because he was denied his claim. Cussler said he never made any money off the Hunley, but its discovery cost him thousands.
Some people close to the Hunley project said that even if the lawsuit had gone to trial and Cussler prevailed, it would not have stopped Spence from telling his story, which is repeated in a couple of books about the sub, and on Wikipedia, an Internet encyclopedia web site that can be edited by anyone.
"While Lee is disappointed that he did not get his day in court, he is satisfied that his find is vindicated in the court of public opinion," said Ronald L. Richter Jr., Spence's lawyer.
State Sen. Glenn McConnell, chairman of the state Hunley Commission, said he's glad to see another chapter in the sub's history closed.
"It's apparent that Cussler is satisfied with the recognition he's gotten," McConnell said.
The sub's caretakers, meanwhile, said the dispute means little to the sub's future.
"Our focus continues to be discovering the history of the Hunley and laying the ground- work for a world-class maritime museum," said Darlene Russo, manager of Friends of the Hunley.
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