The Portland daily press., 1864-05-11

| delivered the following decree:
Tho Bohemian, a steamship of about 2200
| tons burthen with full assorted cargo and
nearly 200 passengers, in her voyage from
| Liverpool TO Portland, went on rock near
this port about s o'clock in the evening of the
| I'D OF February last. There is some question
on what rock she iinpnged, but whatever it
was IL broke quite considerable hole in her
bottom through which the water poured in
| torrents. She filed fast ard the water soon
reached and extinguished her iires. She quick
| began 10 settle in the water aud was soon
firmly fixed on the ledge from which she never
| moved. The first care of the master was to
save the lives of her passengers. These were
| put into the boats OF The ship. Unfortunately,
| by some mischSnce, one boat was swamped
| by the side of the vessel with about forty pas
sengers and all were lost. The two other
boats arrived safely on land, which was not
| more than a third or fousth Of mile from
where the ship lay.
| On the 23i the vessel being firmly seated
on rock with a large hole in her bottom, it
was by the master deemed impossible to nav
| igate her into port with her crew. as it mani
testify was, and he discharged them and deter
| mined TO rely on aid from the land. Informa-
| ton of the disaster was Immediately dis
patched By the Telegraph to the insurers il
Boston and company oil divers was sent
| down to take the cargo from the vessel aud
bring it ashore. A Telegraphic dispatch was
alsosent TO the insurers and owners in Canada,
and they forthwith entered into negotiations
with company in New York for saving the
vessel and cargo. The New York company
| thought 1t more advisable TO take the vessel
into the harbor being prepared for that pur-
| pose, and bargain was finally made with
| them. Some time must necessarily be occu-
| pied IN making their preparation and coming
| TO Portland, aud tho vessel lay fast on the
ledge from the 22d of February to the 9th of
March, when violent storm arose on the
evening OF that day, which completed the
| catastrophe The storm commenced In the
earlier part OF the night and increased towards
morning. First the nizzen mast went By the
board and afterwards the two other masts.
| The vessel was broken asunder, so that her
| forward part fell down and the whole OF her
upper hold was laid. open 10 the violence of
| the sea. The wind increased to u very heavy
| gale and blew directly on shore, and on Mon
day the 9TH the water from the vessel to the
shore was full of wild confusion of boxes,
cases, bales and fragments Of ship. The
| greater part were in place called Broad Cove,
but many or the goods were scattered up the
bay towards Portland and many went west
toward Saco. Some went ashore towards the
city aud some were taken up at sea as far as
| Saco harbor.
The shore all around the cape is firm
ledge aud the boxes aud bales that came from
| the ship mixed with fragments OF the wreck
instead OF being landed high on the Shore
| were borne on the water by the approaching
waves aud carried back on the returning water
so that the goods when they were saved we're
saved after the billow broke, by the salvors
yenturng into the water on the returning
| tide. To save them in such state of things
was not only work of great labor but of
| considerable danger. Some of the salvors
were taken by the water from their feet and
were saved from being carried to sea by those
near them, one at least was badly wounded.
4 The goods in this way were washed on the
pointed and craggy rocks were rapidly torn
and rendered nearly worthless. It was an
| object therefore to save them speedily. Many
/ were saved in Broad Cove and in the vicinity,
| some farther towards the town aud some on
| the other shore as far west as Biddeiord. But
many were sunk In the water and ilshed up
from the bottom. In saving these there was
no great danger when the storm WAS over
bat ii was not without much labor and
care
It is scarcely necessary TO add that there
was 8 large collection of people on the shore,
who began TO collect Monday morning and
increased during that aud the following days.
who were engaged in saving the goods on the
shore and after the Storm abated In fishing
them up from the bottom of the water
| lutrt Cdlut dnu HDfktu III tblnpAHtts Anu
| claim a salvage on the parts which they saved
and which have been kept separate. Now can
it be necessary TO add that any force that
| could be assembled by the master, he having
| dismissed his whole ship crew, with all that
could BE- added by the officers of the customs
on this sudden emergency were entirely mad
equate to the saving and protecting Of the
goods.
An objection is made in Hmiae to the al
| iaxranna Of lra int 81
ground that the owners prohibited any foreign
interference in the business. Bat the cargo
| oil the vessel was very large, amounting TO
| something like a million of dollars, variously
assorted and belonging to a great number OF
consignees and there was no general repre-
sentation of the owners present but the mas
| ter. lie IRON necessity was the agent of all
interested when no other was present, and 1t
was certainly his duty in this unprovided ca
lamity to save all that he could From him
there was no prohibition in the earlier part OF
the time generally understood. On the con-
trary the salvOrs were encouraged by persons
whom they had right 70 suppose were inter-
ested ia saving the cargo to proceed and save
what they could, and any force which the
captain could bring was entirely incompetent
to the service, so that the question of the
right OF the owners in a case like the present
Is in fact not presented.
lage by persons on the shore who do not
claim as salyors. In SO large unassorted car
| go suddenly scattered on Il rocky shore for
fifteen or eighteen miles, and so large collec-
ton of persons assembled OF all descriptions,
some from mere curiosity and Others from
motives less laudable, this would be expected
as a natural consequence. But the only i'm
| parchment Of the entire honesty of those who
claim as salvors, is the alleged breaking open
| and plnndering from the trunk of a passen-
ger, Capt Stone OF Kennebunk. This came
on shore Monday and was then stove at the
end, but nothing was lost from it. After it
came on shore the trunk was broken open
and its contents plundered. II it had been
constantly in the possession of the original
salvors as they acted in company, there might
be ground under the circumstances for hold
ing MitchelFs company responsible for the
contents, though the individual that commit
ted the larceny might not be known. But
they were taken out of the possession of the
saiyors and put under the guard of men APP
pointed by the master or other persons, and
whether the trunk was ritled when in the care
OF Que or the other, is left by the evidence in
entire uncertainty. 1t wonld therefore be I'M
just TO charge the loss on them. and more es
pecially As in every other respect they appear
before the court OF entire integrity.
The goods saved, scattered as they were
were not either technically or substantially
derellct They were not abandoned without
the hope Of recovery, and the master of the
vesse whose duty II was to protect them
while any hope of saving them remained; was
| present. A salvage cannot be therefore
awarded on the goods as legally derelict. But
tue salyors have high merit These goods,
though not abandoned, We're beyond the i'm