The Portland daily press., 1863-04-17
The Brig Anne site.
Smith 4. al. Libellants.


of about - tons burthen, deeply laden
with sugar, on voyage from Demarara to
Portland, struck on reef on the south side
Of Martha's Vineyard in the morning of Nov.
26, 1862. She touched bottom early in the
morning before daylight fairly appeared, and
the weather being thick, land could not be seen
in any direction. The captain supposed it to
be Nantucket. As the daylight increased, land
was seen and the master, as the vessel grounded
in an unknown place, doubtful if not despair
ing of her prospects, thought it best for the
crew to go on shore, and accordingly the boat
was made ready and the personal baggage of
the vessels crew, all their clothing and some
of the equipments of the vessel were put on
board, and they reached the shore about three
miles from where the vessel first touched
ground. The weather at this time was threat
ening, and severe squall about this period
arose from the northwest accompanied with
rain, lightning and heavy thunder.
As soon as it was light enough to see, the
vessel was discovered in distress by Mr.. Smith,
the libelant, on another part of the island near.
He Immediately got in readiness his whale
place where he lived on the island, in order to
reach the vessel, it was necessary to 20 through
an opening in the sea where the wind and tide
produced great agitation of the water, and
when he got there it was thought too danger
GUS at that time to persevere and they went
back. Some time after, when the squat was
little abated, he made with his boat second
attempt. In going to the vessel he discovered
her crew on the beach, and by them signs
were made for him to come on shore, which he
did He took with him the master of the
vessel, Capt. Curtis, and with him made his
way to the ship and took possession OF her.
By the rising of the water, the tide and
wind the brig had drilted across the reef tow
ards the beach about two-thirds the distance
from that to the beach, and if left to herself
would have gone on the beach in from half
to three quarters of an hour, when she with her
cargo, consisting wholly of sugar in boxes aud
hogsheads, with holes bored in them for drain
age, would have been infallibly lost BY Mr..
Smith, an experienced seaman, she was ploted
around the land in crooked and difficult pas
sage into the harbor Of Edgartown. This was
all done in a few hours, the whole having taken
place between the rising and setting of the sun
in one day.
These are the material facts, which are not
controverted on one side or the other, and on
this state of facts it is contended for the libel
lants that this was a case of derelict, and
a proportion of the whole property saved
should be allowed accordingly; and ifnot of de-
relict properly, it was clear case of salvage.
For the claimants il is argued that it is mani
testify not case of dcrelict, as the master and
crew had not left the vessel but temporarily
and with the intention of returning, and in
fact is not properly a case of salvage, but only
one of compensation pro opere et lahore or at
most one of pilotage. 1t is at least one of
which the interests and passions Of the salvors
and claimants naturally take opposite views,
and has given occasion not only to contro-
versy at the time as TO the mode of settlement,
but to large amount of testimony being taken
on both sides. The testimony does not essen
TALLY vary the facts OF the case. But when the
witnesses come to express their opnions-and
this constitutes a great part of their testimony
of the danger or safety of the vessel herself
without assistance; the state OF the water in
the narrow seas wherein she was the danger
of landing or going on the beach where there
was high surf running; the probability or
possibility Of the yawl boat of the yes sci being
launched by the crew in the surf as it then
was there is as might be expected consider
able difference. As all the witnesses give their
testimony under more or less preoccupation of
mind, it is perhaps fair to let one balance the
other, SO that we are actually brought back to
the known facts of the case.
These are few and simple. Would the vessel
have been or had she prospect of being saved
without the assistance of the salvors. She
struck on a reef, to the master and crew In an
unknown land before the light Of the morning
enabled them to discover land, and in that sit
uation it was the deliberate opinion of the mas
ter that she would be wrecked and the ship
and cargo lost in short time. The first thing
he does in order to save his own aud the lives
of his crew is to get with them on board the
ships boat with such baggage as the boat
would carry and make for the land, which now
appeared. 1t is obvious that nothing could be
done as the vessel lay, and it was the opinion
of those most competent to judge, that she
would shortly have bilged and the vessel and
whole cargo be lost, and probably If the reef
had been a little higher or the tide not rising,
this would have been the case. Under the cir
cumstauces the master, nothing could be
done on board, temporarily at least, abandoned
her. With some difficulty they made the
beach. There they remained for some time,
when the salyors appeared in whale boat.
They took the master and no objection was
made TO the arrangement, and went on board
the abandoned vessel At this time the
tide had risen and she had drifted over the
reef in a direction towards the beach about
two thirds of the distance. BY the wind
and tide she was directed towards it and would
if left to herself have reached it within thirty
or at most forty-five minutes, where she would
have been entirely lost with her cargo; so that
the only possibility of saving her was before
she touched that place. Would the master of
the vessel, or could he with the yawl boat and
the ships crew, have got possession of the YES
sell? 1t is at best exceedingly doubtful wheth-
er he either could or would have made the
attempt, and if she had gone on the beach she
would have been iniallibly lost. Her safety, in
my Judgment, after giving due weight to the
opinions of the witnesses on one side and the