The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-02-27
LIBEL AND UROsS LIBEL.
An Interesting But Complicated Case
in Court.

Owners of a Tug for Services Rendered
to Schooner, and Three Thousand
Dollars Claimed by the Owners of the
Schooner for Negligence on the Part OF
the Master of the Tug.
An interesting case was began yesuer-
day before Judge Webb. 1t is the libel OF
the Sullivan Falls Tow Boat company
against the schooner Julia S. Bailey.
The company is the owner OF the Jug
Philips Eaton, and the libel is against
the Julia S. Bailey, and Captain calvin
w. Sprague, her master. The claim Is
for salvage service rendered upon the
Sullivan river, and the libel sets out tnat
July 10Th, 1896, the Bailey while proceed
ing out of the harbor at Sullivan with
cargo of paving blocks grounded In the
"Falls." and was obliged to remain there
until the next flood tide, and at the re-
quest of Captain Sprague, the master of
the tug assisted him in getting out OF APP
pliances to hold her, but that the
schooner during the flood tide began to
drag her anchor, and was swept sideways
over the rocks injuriDg her keel and
damaging her bottom. Her other anchor
was let GO, and she was held, but it was
founo that she was leaking badly, and in
danger of sinking where she lay and
slipped her cables, and was swept by the
tide through the falls, up the river with
out motive power or steerage. where she
was in danger of sinking; that she was
taken by the tug boat 10 place Of safety
upon the flats when she grounded, and
lay several days with the water floating
in and out of her at every tide. For the
service rendered by the master and crew
of the tug $1,000 salvage is claimed, and it
Is alleged that the schooner is now at
Portland.
Hon. George e. Bird, represents the
company.
To that libel, Captain CalvinEW.
Sprague, master of the schooner Julia S.
Bailey in his own behalf, and in behalf
Of tho other owners of the schooner says
that the schooner grounded as stated and
that he did request the master of the tug
to assist in securing her against the dan
ger Of being carried by the swift current
sideways over an uneven bottom He
also admits that the schooner did injure
her keel and bottom, did slip her chains,
and was carried by the tide up the river,
that she was in danger of sinking, and
was taken to the fats as claimed.
But he alleges that on the 10Th day of
July he notified Captain V. b. Gordon
OF the Phillips Eaton, that the schooner
schooner was taken by the tug TO the
stream, and there left until the 10th of
July, when the schooner was taken in
tow and was SO carelessly lowed, that.she
grounded, and that alIefforts on the part
of the tug to remove her failed, but that
by reason of the negligent manner in
which the work was accomplished the
schooner was damaged $1,000, A general
denial is made that there is any salvage
due the master or crew of the tug.
A cross libel is also filed by Captain
Sprague against the tug, and Captain
0oAooAs ouo uaeuoI "a Uuo Shm0, 66GGlng
out the facts already recited and made
part of the answer Of Captain Sprague to
the libel of the owners of the tug. This
libel was brought through Benjamin
Thompson, ESQ.,, and $1,000 damages is
claimed.
The answer of Captain Gordon is
general denial of the allegations made in
tho libel, and its claimed that the master
and crew Of the tug did exercise due care.
diligence and skill, and that the sinking
of the schooner was due to the statements
made by Captain Spragus as to her draft,
and to the mismanagement and want of
care and skill on the part of tbs master
and crew of the schooner.
The case is now on trial, and a great
number of witnesses have been called.
Captain Joseph Levi of the schooner
10" Captain Sprague and Adolph q.
Both, assistant United States engineer.
who was examined with special reference
to the falls in the Sullivan river testified
yesterday. The hearing will be resumed
this morning.