The Portland daily press., 1866-10-18
Terms Eight Dollars per- annstna, in advance.

such a service. Would he have gone that
night? He says no, not without consulting his
owners. And if he had gone to the owners
with his statement that the chances were about
even that he would lose their boat worth $13,-
600, would they have considered a fair compen-
sation less than $500. Capt. Lee himself
SHOWS that the service was worth ten times as
ihuch as is charged and defendants then at
tempt 70 discredit their own witness, saying he
an ignorant man, and ask the Court to say
ms opinions are not to be relied on. a.. H
mere Is not one scrap oftestimony but shows
great hazard of the property saved and the
property OF the salvors who went to the reoc,,a
and the sum asked is but ten DER cant os ,,,o
value of the property saved and but six or ssv-
en- per cent. of the value of the propertv nrt
at risk--or not fair premium for insurance ON
the tug. .'.s a.I..-a. ., ....... ..'.
n Mr.. Shepley then briefly summed up the
case and left the matter with the Court. T.
Judge Wares decision was as follows: ,el
''N THE HELEN AUGUSTA. aia Sub
The Helen Augusta, barque of about 203
tons burthen in coming in ballast from New
York to Portland, Capt. Wilson, her master,
being unacquainted with the harbor and coast
around her and in dangerous position. She
tried every way to escape in vain and the mas
ter brought the vessel to anchor. He was with
in about six miles of Portland harbor and de-
termined to go there for aid. At that time,
which was the close of the afternoon, the at
mosphere was full of fog with but little wind,
but heavy ground SWELL and he could see
but little way around him. 1..t
Then he applied to Capt. Willard for infor-
nation and aid. Capt. Willard gave him in
aDnarpntlv pnn1 faith I'll fha inf A.
could be obtained. Capt. Wilson then asked
Capt. Willard to go in his steamer and take
him safely into Portland barber, and offered
him $500 and ultimately $780, Capt Willard
reluctantly offered to go for 81 900 and would
not go for less, and the bargain was settled at
that sum, which is set forth in the libel and is
admitted. The bargain was made in the begin
ing of the evening and it was then dark with q
heavy fog. When they arrived at the Helen
Augusta the fog had partially cleared away
and the service was less dangerous than was
expected, and the barque brought safely to
Portland harbor abeut three O'clock inatlie
morning -stpif4-5
l have no doubt, of the power of court of
Admiralty to exercise chancery powers over
such contract as this when an undue and i'm
proper advantage has been taken of the dis
tress OF mariner to drive hard bargain and
an advantage has been taken of his helpless
SITUATION, anu feducea compensation, whatever
may have been agreed to a reasonable sum- AT
the same time it is q power to be cautiously
exercised. The freedom of contracts is not to
be hastily violated. In the present case | do
not think from all the evidence the contract,
ought to be set aside The barque was certainly
in perilOus situation Her value accor,IinS
to her own Captains estimate was 1000, and
that OF the steam tug was $4,000. There was
certainly danger to these, besides in the state
Of the weather apparent danger to life. Capt
willard seems to have communicated all the
desired information freely and honestly A
sudden change in the weather rendered the
service less dangerous and onerous than was
expected by either party, but this was chance
which the parties took ON themselves. l.ru -
b award to Capt. Willard the contract price
OF 81, ,00O and the costs of court and costs of
the reference to be taxed by the clerk of the
court 'Ai.i AsuUR WARE.
Sept. 30, 1866. 80.