Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1840-09-29

might not combine in our favor it was farther
stipulated by the Directors that the Winooski
should take us in tow, if we required it. Ac-
cordingly, in closing the contract with the 9TH
er party, this right was expressly reserved
To satisfy the reader on this point, we copy
| the contract entire
"Messrs. lIaswell, IIollenbeck, John Brad
ley and WHY'S Lyman, propose to the Steam
| Boat Company, to transport from Burlington to
Platisburgh, on the llth September instant,
party on board the Winooski-,o return from
said Pittsburgh on board of said boat or the
Line Boat. The sum to be paid for passage
over and back so cents each passenger. The
gentlemen above named guaranteeing at least
100 passengers-passengers for the ferry to
be taken by the Steamboat Company at their
usual rates, and for their own beneit----
Should IL be necessary, the Boat IS 10 be per-
mitcd 10 toc sioop, or sioops, TO Port Kent.
Agreed to-.
I. Follett n. b. IIaswell,
John Peck, ]. b. Hollenbeck,
John Bradley, WHY'S Lyman.
for Steam Boat Co, Sept. Sd 1910.
A copy of this contract was taken by each
OF the parties, and the original handed TO Capt
Phillips, with instructions to see it executed
in good faith.
When Friday morning came, the very con-
tlngency the contract was designed TO provide
for, had arisen. 1t was the toughest day we
have had in three months. The win blew a
gale from the NORTH and the waves literally
ran mountein-high. Accordingly, one of the
Directors gave Capt. Phillips seasonable no.
iicc that he would be required TO take the YES
sells in tow. When the two parties had got on
board, Capt p moved out from the wharf,
and was making preparations to throw his
line on board the other boats, when n. Is. Has
well, one otthe parties to the above agreement,
stepped forward and forbade him, DENYING
ma, ", 'hefe was any such agreement! Capt.
fmilips paid no attention TO this, but proceed
ca IN The execution OF his duty when Mr..
Van Ness paraded his platoon of bullies in
presence Of Capt Phillips and gave them or
ders To prevent by force, any attempt to hitch
TO the other vessels, and, said he, "if Capt.
Phillips persists, will take command Of the
boat myself" Then turning to the Captain,
with the most violent and menacing impreca-
tons, he repeated the threat and in reply to
! the in,imation of Capt. p. that his hands would
not permit the boat to be wresied from him
by violence, Mr. Van Ness replied, 'that he
had men enough on board TO take possession
Of the boat in defiance of the crew, and run it
10 Plaitsburah, and il they attempted TO hitch
TO the sloops, he icouid do II Finally, SAYS
Capt, Phillips in his account Of 1t to us, "find-
my MI an NESS 10 DC IN a great rage, ana
determined TO carry his threats into execution,
and IN consequence of those threats, and the
great numherhe declared were at his command
on board the boat, and fearing the consequent
ces which might ensue. provided they should
wrest the vessel from my charge, did not
take the sloops in tow The result is known
and appreciated 10y at least 1000 Of the honest
yeomanry Chiilenden county. BY this
hagaiious act ofyiolcnce were they compelled
10 buile, the winds and waves for four hours
in getting TO PORT Kent. Nor was this ALL
When the Winoosh arrived at Port Kent,
John Bradley, another of the parties to the
contract, informed our friends who were there
in waiting for us, with teams that it was not
probable we should be able to get there at
all. Accordingly, most Of them left the ground;
and when we finally arrived near l2 O'Clock.
we know not how many gray-headed soldiers
aud decnped old men had to foot il, four miles
through the sand, 10 keesville
The reader will hy this time, we presume,
ask what Mr. Van Ness SAYS about il. Mr..
Van Ness avows all and more than we have
charged and rests his Justification on the au-
thority OF John bradley, who said that Mr.
foiieli had waived the right to tow, Only
ihink Tor n moment, OF a man like Mr.. Van
Ness resorlng TO physical force to compel a
steamboat Captain TO violate a written con.
tract, on a mere heafsay report that one ind-
vidual Of the board making it, had waived the
riehi-an act he could not do How insult
ingly ridiculous Bot the fact is, Mr.. Fol.
let left the place soon after the contract was
made. and has had nothing TO do with the mai,
ter since and no man who knew Timothy
Folloii, believed one word Of the statement,
Mr.. Folleli has since been written to. and we 4
have seen his letter, in which he unequiyocal- 4
IL denies any waiver or interference with the
contract whatever. There is another circum-
stance however. which must satisfy any can
did man as 10 the fact how Mr.. Bradley under
stood the contract himself lie called on Capt.
Phillips about siK O'Clock on the morning Of
the llih, 10 ascertain which wharf the boat
would s'sri from, an among other things ask.