Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1840-10-02

sdry inc D0H IS 10 DC permitted To fOn a Si00p or |
Shops to Port kent
Agreed to
Il. FoLLETr, ~ y. HAswELf. |
JNo. PECK, j. b. HoLLESBEcK, |
for Steam Boat Co. JoHv BRADLEY,
SEPT, 3d. 1910. WHY'S LyMAS.
This contract was left in the hands of Doct.
Peck, to provide for, and see executed, as Judge
Follett was about to leave town-which he did
do within forty-eight hours, and has not since
returned. Finding the whole burden of the mat
ter upon his shoulders, DR.. Peck set himself
about providing for its execution in good faith.
lie made arrangements TO get the M'Donough
out--hred the sloops--handed the contract over
to Capt. Phillips at an early day, that he might
understand his duty-saw the Captain again on
the evening of the 10th, and gave him express
notice that he would probably be required to
tow and in fact did all that was done about
the matter. Now does any man believe that,
under these circumstances Judge Follett inter-
fered with this contract at all Did he after
himself insisting upon having it in black and
white--ior we understand the okes objected to
putting it in writing--after handing it over to
DIR. Peck to execute, thereby virtually pledging
himself not to interfere with it did he then, just
as he was about TO step on board the steam
boat for Montreal, without exchanging a word
with DIR. Peck, Capt Phillips, or any other NOR
tai living, except dubious loky on the extreme
end of the wharf--wc say, did he then and there
under these circumstances, by verbal message
undertake to abrogate this contract, or interfere
with it in any shape whatever' No man be-
1ioyoc ba i, ~. o,,J
the common sense of every man who knows
Timothy Follett. And yet, John Bradley says
that it is even so unless his ears greatly de-
ceived him But we are not left to doubt on
this point. Judge Follett in his letter from
Montreal, under date 18th Sept, sets this at rest.
lie says
Mr.. Griswod enquiries of me- if in those CONVEX
sations gave Mr. Haswell and his friends to under
stand that we reItGguiShed the right of towing which
we had reserved in the contract think neither Of
the gentlemen ,cU say tdny right teaS reiinquished
An inference fairly to be drawn from my remarks
would be- that the right would be exercised unless
unforeseen circumstances should make it necessary.
Suppose for instance the lcDonough had been dis
ablcd. Suppose the number of passengers had been
greater than she and two sloops could have carried
81 Suppose the heather had been such that it would
have been impossible for the ILonough, and possibly
the Uinooski, tohave made thepnssage with the tow
In all these cases, and many more might be named
THE RIGHT RESERVED. MY REMARKS ON
THIS SUBJECT WERE NEVER INTENDED
TO VARY IN ANY RESPECT THE RIGHT OF
THE PART1ES-thcy were intended to satisfy all
whether Whgso or Admntraonmen that the agents of
the Steam Boat Co were disposed, by the use OF all
the means al their command, make the trip safe,
pleasant and agreeable to both parties, and if possible
so arrange the Boats that they would not come in
contact with each other. r. FOLLETT
This eflectually puts to rest the pretence that
the contract had been waived, or in any way
interfered with The wings relied upon its
execution in good faith The very emergency
named by Judge Follett had arisen The
,rcaiter was such that it was impossible to avoid
the exercise ofthe right reserved. According
to the terms of the contract, it had become me
cessary" to tow. Capt Phillips was so ordered
by the acting Director, and was about to carry
this order into execution, when he was prevent
ed by the shameful interposition of Mr.. Van
Ness, which is duly set forth in the following
deposition.
CAPT PHILLIPS AFFIDAVIT.
Having the statements of certain persons in
the Sentinel of last week, relative to what took place
on board the steamboat Wnooski the llth instant
and decmng injustice to have been done to me BY
some OF those statements, submit the following facts
to the public. The written contract there rcced was
put into my possession the 9TH instant, and was
directed to it executed. 1t in my possession
the llh and it was not until after the boat had left
the wharf that day, that had the slightest intimaon
that sad contract had been varied in respect
One of the persons who signed the contract uohn
| Bradley called on me ut about SIX o'clock, the
morning Of the llh, and among other inquiries, he
asked me whether | intended to take the sloops in
| tow. told him the weather was such they could
not saitha by the contract made with the company,
must take them in tow matter of course. To
this Mr., Bradley did not make the slightest objection
nor give me the least intlmaton that any other diff
| fcrent understanding existed than that expressed by
| the written contract. One of the gentlemen states
the boat delayed nearly an hour after her usual
time OF startng and as he supposes, forthe purpose
starting the facts are these. After most of the party
were on board, Mr.. Van Ness had notarryed. Those
on board, and Col. Bradley, in particular, ex-
tremely solcitous to have me wait for him (Mr. Van
Ness) and TO accommodate, did. Mr.. Van Ness
and Mr. Lymnn came on board together, Olr. Ly-
| man not having been on board before on that day. J
and, soon as they We're on board the boat put
of, IN as short time as possible. The time the boat
left, was ut least ten minutes before eight o cockthe
usual time starting being half past seven After we
left the wharf, Mr.. Haswell asked me whether | in,
tended to take the sloops in tow. | replied to him,
that according 10 the contract and the express orders
| from the agents Of the company, | must. Mr. III,
then said il was not according To contract, and forbid
my taking them in tow. told him that it accord
ing TO contract and besides, had express orders from
Dr. Peck, one OF the Company agents, and the only
one in town, 10 take them in tow. Mr. Haswell then
sad that since the making of the written contract
| different arrangement had been made with Mcssrs
Doollttle and Fulrt', the two other agents by which
they had relnqushed the right Of taking the vessels
in tow. was greatly surprised al this statement
as was directly repugnant to the written contrac,
| AS Mr. Bradley had given me no such ntmation
in the morning-anl as Mr.. Doolittle was absent
from home when the contract was made, and had not
! then returned-and also as had never known an
instance where the Company had varied written
contract, when they neglected TO give notice to the
master and that not verbally, but by written instruc
tons replied to Mr.. III. that he was certainly mis-
taken, Mr.. Doollttle was in New York when the
contract was made, and had not been home since
Mr. III. then said the subsequent arrangement wa.
| made with Judge Follcit | then asked him why i
was not in writing, to which he made reply. | hcr
| told Mr. III. that had the written contract on board
and offered TO produce it and told him that SHOULD
90 according that and the orders had received from
DR.. Peck, and take the vessels ii tow. Mr. Van Ness
then told me that if took the vessels in tow, h,
should use his influence 10 prevent the contract ben.
paid, and SAID had no right to take them III tow
told him that by the contract had the right, an,
offered to produce ito which he made no reply
then gave the signal to the vessels that was read