The Portland daily press., 1869-10-26
Gnitea staiea NlafrInf Eanrf.
THE W. D. b.

ing ScnOODeT, MARY n. iIOWhCs, dOpuL Twelve
miles southeast from Wood Island, bottom up,
with no one on board. The NJ. A. Downes
was twelve tons burihen, with a crew OF four
men aud two boys. They boarded the wreck
and undertook TO tow her into Wood Island,
for this purpose fastening ropes around her
keel by driving through them spikes into the
Keel aud plauking, aud hitcbing Their cable
through these ropes thus secured 10 the wreck.
Anet they had thus worked Tor ABOUT Two
uouis, tue schooner Winfield Scott n%hlng
,oaIe, ,,'S" oi about seventy tons, with crew OF
y; t, men, came ongside aud offered her as
s~stance ISSUANCE III towing the wreck, which was at
once accepted. A hawser was taken to the
WHINE 'nneiu scott aud both vessels had cen en-
oIoyeu IN towing about twenty-four hours,
bringing the wreck within two o. ,braa miles
OF Wo9d Island, when the steam inc Uncle
oani, Wlllaru, master, came up and proposed
TO TOW the wreck into Portland Harbor Some
discussion arose as to the price tn h. ,,a;a 40 rho
ting, the shippers not being Willing ~ no, :, ORC
than two hundred aud tiity do1ars ~, ,ho
captain of the tug insisted on tbre. bnndraS
and this amount was finally agreed upon, and
a written agreement was signed on board ,ha
tug by which Willard undertook to tow the
wreck to Portland for that amount. The Un-
Gle Sam together with smaller tug, then at
tempted to tow the wreck to Portland, about
twenty four miles distant. There was some
sea on but the weather was pleasant, aud SO
continued for a number oi days. Finding the
tugs were able TO make but little progress, on
account of the chains, spars and rigging drag
gng badly under the wreck, wizard agreed
with the skipper of the Mary A. Downes to
take the wreck into Wood Island, which was
accomplished in a few hours The tugs then
attempted TO right the wreck, bnt did not sue
ceed, and returned to Portland, leaving the
wreck in charge of the fishing schooners, with
the understanding that whenever they should
get her righted the tugs would come out and
tow her round to Portland.
Two large bro I'd soops engaged in carry
stone to the Saco breakwater iurnished with
strong derricks and steam windasses, were al
forwards EN- mployed, in an attempt to turn over
the hull, payment being dependent on success,
They, how 1ver, failed in the attempt, breaking
one of their derricks and thereby destroying
dory belonging to the NJ. A. Downes.
The Winfield Scott, after remaining four
days at Wood Island. proceeded on her fishing
voyage, leaving the W. eek at anchor, in charge
of the NJ. A. Downes, and a few days alter
wards, all claim for salvage in behalf OF the
Winfield Scott and her crew, was assigned to
David Boyd, Charles III. Chase and w. Willard
| tor one hundred and fifty dollars, Willard
being the master of the tug and Chase, one Of
| the firm of Chase & Littleiohn, who were ihA
agents for the owners OF the wreck-the pu :
| chase of the Whitfield Seotts claim being mauu
| without objection from the owners, or agent of
| the insurance company in which the vessel
| was insured and who were aware of the ar
| rangement before il was completed. Chase
| and Boyd then chartered the schooner Nellie
| Chase to go round to Wood Island aud assist
| in rightiDg the wreck, agreeing To pay her
| thirty-fve dollars per day for three days GER
| tain, and twenty five dollars per day, SO long
| as she might be engaged beyond the three
| days. Boyd, a rigger and man of experience
| III such business, went on board the Nellie
Chase on Thursday morning, September
| with five men and proper tackles and pur-
| chases. They lett Portland about seve" in the
morning, were towed out to Wood Island by
the Uncle Sam, turt ed the wreck over In a
few hours, and the same day it was t0wed
| round into Portland Ha Dor together with the
| Nellie Chase and NJ. A. Downes, arriving
| about midnight. The crew of the M. A.
| Downes remained in charge Of the wreck, un-
| til its arrival in Portland aud rendered all the
| aid and assistance in their power whilst in
| charge OF the property.
A libel was filed by the Mary A. Downes for
| salvage The owners and crew OF the Winfield
Scott by Boyd and others also interviewed ty
| petition, claiming 10 be made parties as sal
| vors. Chase & Boyd have al-o filed a sOppli-
| mentary petition tor an allowance OF the ex-
penses Of the Nellie Chase for Boyd's service s
| at Wood Island and also, for certain expenses
paid by Chase for watchman &c.
| The wreck and materials have been sold un-
| der an interlocutory order of sale, and the
| gross amount realized is S1702.00.
| This vessel was clearly dlrelict at the time
| she was discovered by the Mary A Downes -
| she was then drifting on the high seas, more
| thar dozen miles from land, with no one on
board, her crew hav ing all perished in the gale
| three days previously, one OF her owners, the
| "dstef hdFiuS Ottu lO>t, duu Tue OlHtIS, TtSl-
| dent in sw Brunswick, being entirely igno-
| rant OF the disaster and OF the situation and
condition of their property. Under these cir
| cumstaDces the aid and assistance rendered by
the two fishing vessels in towing the wreck for
| twenty-fOur hours towards the coast, and af-
| forwards employing the steam tug, in bringing
the vessel into place OF safety, were clearly of
| a salvage nature and justified them in stand
| ing before the Court as claimants for reason
| able salvage Tor the benefits thus conferred by
Il their pVprtIOns the A the
/ erty thus saved, as is very clearly stated by
| Judge Ware in the case OF the Emblem, Davis,
| 81, "by the common law, the finder oi proper
/ ty, which has beeu casually lost has no legal
| claim against the owner, to any thing in the ma
| ture oil a reward or compensation tor finding;
| all that he can pretend to, is the repayment OF
the actual expenses he has incurred in pre-
| serving it, and upon the pay yment of this the
| owner is entitled 10 receive his property free
| from all other charge. The mars
time law, from considerations of pubnc poIlcy,
| has established different rule, tor goods " bch
| are lost at sea. A person who preserves goods
which are lost or i'll danger of being lost, by
the 2erils of the sea is entitled to a reward
| Tor that service. By saving them, he ac-
| quires sort of proprietary interest in the
goods, jus an re, and a complete possessOry
right against all persons claiming an interest
| in them to retain THEM until his compen-
satlon is paid, or until he can proceed to
| enforce his right against them, by due course
of law, the right Of dominion or the abso ute
| property in the meantime remains in the own
| er, but he is under no obligation to asse I his
| right by intervening with a claim. He NAV
| abandon his property, ii he pleases, and IT he
does so and declines to make himself party
to the suit, no decree can be made against
him."
| The great learning and experience OF Judge
| Ware, in matters of Admiralty, must always
comment his DEGREES, in cases OF this nature
to the favorable consideration and approval Of
| all who may be called to act upon similar
Il md how fhnraf FL.
i ined all of the decisions of this learned Judge
| in salvage cases. which are to be found in he
Reports, that might ascertain what amounts
he was accustomed L3 allow in such cases
In the case OF the Elizabeth & Jane, which
was found derelict, about twenty leagues from
oeguin, foremast gone, mainmast half cut off
salls and rigging in a runous condition aud
the brig filled with water aud was towed by
the saivors, alter four days labor, into Harps-
well, che court, in 1928, recognized the peueral
rule OF moiety, being awarded in cases of
derelict, admitting it as in force, as a general
guide of judicial discretion, yielding to the rea-
son and equity of particular cases, and that, if
the salvors claim larger share, it be lonos to
them to extract the case from the rule and
show that larger share ought to be allowed,
In that case, moety of the gross amount of
sales in Sl3OS, was allowed for salvage.
The case of the Bee was decided in 1886.
She had been thrown on her beam ends, lost
both masts, and drifted into Bradford's cuye on
Grand Menau, where she came to anchor; The
next dav, November 13, the crew left her, with
one anchor down, chain not secured, aud went
ashore for assistance, the wind at that limo
blowing a gale, directly on shore, and the yes-
sci exposed to its full force aud drifting to-
wards the rocks. The ibelIants heard the
story of the crew, as 10 the condition Of the
vessel, went on board and took possession. The
crew afterwards came out of the woods, down
to tho shore, with the intention of returning to
the vessel. The salvOrs retained possession
rioged jury-masts procured some small sails
and got her into Lubec, on the 17h. In that
case, the valne of the property saved was about
S2lWO and Judge Ware allowed $3.50 salvage
In 1887 the Rising Sun was found BY fish
ing vessel, about twenty miles South Of Cane
Sable, deserted by her crew, on her beam ends
full OF water and was towed by the salyors into
Penobscot river. The value of the property
saved was 1886. Tbree-fifths of this was al
lowed as salvage, the value of the salver ship
being $1,000, besides her cargo OF fish
IL, In his opinion in this case, Judge Ware says
The rule seems formerly to have been impera-
tive, to allow moiety without distinction,
but in modern times the rule is not considered
as lndexlb'e. Sometimes, though rarely, more
Is given, and some times less, having just re-
gard to the circumstances of each case, to the
risk, the labor, the amount of property saved,
and he value of that put at hazard by the SAL
wage saved"
The Amethyst, Dallas, r, 81, was decided
in 1899. 1t appeared this vessel was caps ED
and her crew taken off and four days alter
wards she was fallen in with, 15 or 20 miles
southeast Of Monhegap, by three fishing YES
sells belonging to Boothbav, who towed her the
next day near to BOothbay haroor, but before
she arrived within that harbor a storm arose,
slI In1 - II. IL.