The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-04-10
LEFT TO THEIR FATE.
Judge Aldrich's Opinion of the Aban-
donment Of Captain Johns Crew.

He Says that the STORY of the Officers of
the Robert Graham Dunn Is Not To Be
Believed--Decision in a Memorable
Case.
Judge AIdrich, of the United States
District Court of New Hampshire, has
rendered decision in the important and
interesting suit of Isaac N. Grant VS..
schooner Robert Graham Dunn. The
particulars of this suit, which were pub
lished some time ago in the PRESS, are
interesting.
The Captain John, two-masted
schooner, owned in Ellsworth, Me-, and
manned by an Ellsworth crew, sailed
from Rondout, N. Y, September 16,
1898, bound for Boston. September 20th
the Robert Graham Dunn, a three-mast-
ed schooner, commanded by Captain
George 0. Pierce, left Portland for New
port News, and about 10 O'Clock the
same evening, through the fault of
the Dunn, the two vessels were in coils
ion off Chatham bar, the bluff OF the
starboard bow of the Dunn striking the
starboard bow of the Captain John, car
rying away her jibboom, disabling her
foremost and cramping her boat, result
ing in the total loss of the Captain John
and cargo, together with her crew, who
consisted of three young men Of ELS
worth: Captain Milliken. Bertrand B.
Belts and Leander Milliken.
Judge Aldrichs opinion finds that the
Dunn was running light and free at the
log rate of about eight knots, her rate
over the ground being accelerated three
knots by the action of the tide, when the
red light of the Captain John was sight
ed, about mile away. At this time her
light bore about half a point on the lee
side or port bow of the Dunn. The sails
of the Captain John were plainly seen,
and she was close-hauled with the wind
north by west, or north-northwest The
breeze was quite strong, and she was
heading northeast, or northeast by north.
The tide was running westerly, or
towards the Nantucket shoals, and she
was about holding her own. Under such
circumstances the Captain John had the
right of way, and it was plainly the duty
of the Dunn to keep clear, and as there
was plenty of sea room. with reasonable
care the collision could have been avoid
ed.
Judge Aldrich finds from review of
the evidence as to the collision, that the
Dunn was at fault, and declares that the
story of the officers of the Dunn, by
which they tried to exculpate themselves
is mot reasonable one on its face
But the most interesting portion of the
opinion is that relating to the charge that
the Dunn did not lay by and render the
proper assistance to the crew OF the 9TH
er vessel. The officers of the Dunn
claimed that while they heard cries OF
distress and calls for boats from the sur
face of the water, they assumed the
crash having been slight, that the other
vessel had gone on her course. "The
Conduct of the Officers was Inexcusable'
saws Judge Aldrich, land their account
of their doings after the accident is
wholly unreliable" The collision took
place at 10 in the evening. The officers
of the Dunn state that they lay an hour
or more at or near the place of collision.
But this statement is not sustained,
and the Boston steamer FL. F. Dimock
passed over the wreck at II. 10 and heard
the shrieks of the men clinging to the
rigging. The men had disappeared
when the Dimock returned and lowered
boats, a process which required nearly
half an hour. At that time there was
no vessel lying near.
This decision settles the liability of the
Dunn. The matter will now go to an as
SCISSOR for fixing the amount of the dam
ages.
Besides this suit, others were COM
menced by the relatives of the lost men.
These suits were begun in the court OF
Hancock county, but were stopped by
an action taken by the owners of the
Dunn to limit their liability. This &C
ton will be heard at Portsmouth, on
June 9th.