The Portland daily press., 1895-07-27
burg's Prov.

LII Gno On1Geu States COur6, Deiolo
Judge Webb, yesterday was tried the case
OF the Portland Packing Company and
William Morris of Cape Canso VS. the
Steamship Louisburg of the dominion
Coal Company, as result of the COLI
sion on July 9th, whereby the schooner
Valorous, owned by William Morris,
with cargo owned by the Portland
Packing Co., was badly damaged.
Benjamin Thompson, Esq, and Judge
Symonds appeared for the Nbellants,
each of whom brought libel for dam
ages, the libels being Identical.
Clarence Hale, ESQ.,, and Lewis S.
Dabrey of Boston appeared for the
steamer Louisburg.
The proceedings opened with the read
ing of the libel and the answer of which
the following is the substance:
THE SCHOONER'S LIBEL
On the 9th of July the ibellant
claimed that they shipped cargo of
canned Holsters on the schooner Valor
Gus, William Morris master, from Cape
Canso for Halifax On the Sth the Valor-
Gus sailed from White Head. About 10
O'Clock on the following morning the
Valorous was about 10 miles northeast
from Beaver Island, the weather being
foggy, moderate breeze west by south,
and choppy sea- The Valorous was
proceeding moderately, close-hauled, on
the starboard tack, making a south,
southwest course and sounding her horn
at intervals of one to two minutes, as
required by law. The master was in
charge, competent man at the wheel,
and a competent lookout, when the
steamer Louisburg was discovered from
1-8 to IA mile off the port bow. Up to
that time no sound of the steamers
whistle had been heard The steamer
was going at a considerable speed, max
ing about west course and is such po-
sition as to pass across the bow of the
schooner safely if no change of course
had been made by the steamer.
The schooner continued on the same
course, sounding her horn, but the
starboarding her helm,, as she might
have done and thus safely passing the
schooner's bow, ported her helm, as if to
attempt to cross under the stern of the
schooner. The master of the schooner
hailed the steamer and asked if she was
going to run his vessel down. Very soon
after the steamer struck the schooner in
the port side, little forward of the main
rigging, breaking in the wales, cutting
through the planking and crushing in
her waterways.
The schooner's crew took to the boats,
and the schooner filled and went down on
her starboard side, SO that small part
of her port side only remained above
water, and her sails were in the water
The crew were taken on board the
steamer and sent to Halifax.
The libellants claim that as result of
such collision, the cargo, valued at $15,-
900, was greatly damaged, if not entirely
lost. They charged that the collision
was the fault of the officers of the
steamer, in not having a proper look out,
in not sounding the signals required
by law, in running at too high a rate of
speed, and in porting the helm after the
discovery Of the schooner.
THE STEAMERS ANSWER.
Capt. Horace W. Gould, master and
bailee of the steamer, made answer that
on the Sth of July the steamer ran into
dense fog, and from that time ran at
half speed, frequently stopping to sound
and blowing her whistle at intervals of
one and two minutes as required by law,
having competent lookout, properly
stationed.
On the next morning in the position
indicated in the libel, the steamer, still
going at half speed, the lookout reported
schooner, which proved to be the
Valorous, about 100 yards. distant, under
been heard. The schooner was going at
considerable speed, making a course SOUTH
northwest, in such a position as that
owing to the wind and sea and Freduced
speed of the steamer the steamer must
have collided with her had both vessels
held their course, or if the steamer had
starboarded her helm. The steamer at
once put the helm hard-a-port, the en-
gine was stopped and reversed full speed
astern. Three short blasts of the whistle
were given, indicating and notifying
the schooner that the steamer was going
full speed astern. The schooner was
hailed and told not to shake her up in
to the wind AS soon as the steamer S
helm was ported and engines reversed
she gradually lost her headway, her head
falling off to starboard, and by the time
the steamer was within two yards of the
schooner the steamer headway was com
pletely stopped and her direction changed
about point and a half to the star
board. The schooner did not proceed on
her course. but luffed up in the wind,
lost her headway and the force of the sea
and wind drove her across the steamer S
stern, with the results as stated in the
libel. The captain OF the steamer there
fore claims that the collision was the
fault of the schooner in not being under
reduced sail in dense fog, in not heed
ing the steamers signals and in luffing
I'M on the wind instead Of holding her