The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-12-23
PORTLAND DRAW AGAIN.
The Trial at Bath Friday and Satur-
day.

Mr.. Thomps on Claims the Draw an Unlaw-
Passage Is GS Feet Inches, Not 20
Feet-Goes to the Jury Today.
In the Supreme court at Bath, before
Judge Whitehouse, last Friday and
Saturday was tried the case of the county
of Cumberland versus the Central Wharf
Towboat company of Portland. The
plaintiff claimed damages of $4,000 for the
injury done to Portland bridge by the
collision tharewith of the schooner Viator
when towed by the tugs Salem and
Warren. County Attorney True and
Assistant County Attorney Webb, ap-
peared for the prosecution, and Benjamin
Thompson. Esq, for the defense
Witnesses for the prosecution were: Mr..
Jordan, the drawtender at Portland
bridge, who testified to opening the draw !;
that it was windy day THAT the schooner
was coming very fast. Mr.. Locke, who
was then working for the Cape Elizabeth
railroad testified similarly. Neither had
anything to say as to the fault of the
collision.
Chairman Lord of the county con-
missioners. and ex- Chairman Plummer,
testified as to the construction of the
draw. and that the plans of the War De-
partment were followed
William A. Goodwin ex-city engineer
of Portland, and Fred j. Illsley, civil
engineer of Portland, testified that the
draw was constructed according to the
plans.
Mate To5in and Seaman Swanton of
the Viator, testified that orders came
from the tugboat which were wrong: and
the opening of which caused the collision.
The defense put in as evidence the plans
of the War Department, which required
that the passsageways Of the draw should
be seventy feet wide.
Among the witnesses for the defense
were the crews of the towboats. who
testified that the Viator was in charge of
Mate Tobin, and that he gave the wrong
order to the helmslnan, which caused the
collision.
Captain Perkins of the tug Seguin, and
Captain Blair, formerly of the B. w.
Morse, but now agent of the Knicker-
booker Steam Towage company, testified
that the method Of towing the Viator was
correct
Percy II. Richardson, of the firm Of
Jordan & Richardson, submitted plans of
the draw and testified as an expert that
tho v,ooco r,os xo,.o h., III q nor ,,frod nv, to
plans from the War Department.. At that
end where the vessel struck, the passage
is only IS feet, inches wide.
Therefore Mr.. Thompson argued for
thu defense that the Viator came in con-
tact with an unlawful and unauthorized
structure and that no damage could be
collected and cited several cases in sup
port from the Circuit and Supreme courts
of the United States. He also claimed
that thu collision was due to negligence
on tho schooners, and not on the tugs
The prosecution claimed that if that
corner of the bridge projected little over
a foot, it was Edue to it's having been
struck by vessels and forced out of place.
They claimed that it was legal struc-
ture and built according to the plans.
They also claimed that as the vessel was
in charge Of the tugs, the latter were re-.
sponsible, whether the negligence was on
board the schooner or not
The case was finished Saturday after
noon and today Judge Whitehouse will
charge the jury.
The county commissioners have also
brought suit in the same court against
the schooner Viator for the same reason.