The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-01-08
PERILS OF THE SEA
What Those Are Against Which Ma
rine Insurance Protects.

Heard in the U. S. Court Yesterday
The Portland Marine Underwriters the
Defendants.
What are perils of the sea against
which ma rine insurance is protection,
was question before Judge Webb yes
terday, It was the libel Of Emoronn j.
Eaton, against Albert B. Hall, attorney
for underwriters, and the libel set forth
that in May, 1894. the libellant was cap
tain and part owner of the schooner Cora
Greenwood, valued for purpose OF lnsur-
ance at $780, and insured by the com
psny represented by Mr.. Hall for sSoo.
That the schooner sailed from Deer Isle
for South West Harbor, from there to
Mount Desert Rock, and from there her
course was shaped for Little River.
That at midnight, May 10Th, she sprang
aleak, and the morning of the next day
went down. She was alleged to have been
at that time in all respects In good con-
dition.
Hon. George r. Bird, Represented Cap
tain Eaton and the owners OF the vessel,
while Benjamin Thompson, Esq, ap-
peared for Mr. Hall. and the Portland
Marine Underwriters. Mr.. Hall in his
answer deni ed that the schooner was as
alleged Sin all respects strong, staunch
we'll equipped and manned. and also
denied, and this proved to be an import
ant point, that as alleged, the schooner
struck '.drift log or some other hard
substance 1t was also alleged that Cap
tain Eaton whom he obtained the insur-
ance, represented that the schooner was in
as good condition as she was the previous
year when she was insured by the de-
fendant,ss and this statment was added
and made part of the answer" And
this respondent further answers and says
that he was informed by the libellant
that soon after the issuing and delivery
of said policy said schooner sailed on a
fishing voyage, and very soon after she set
sail and before receiving on board any
cargo, and before encountering any
heavy weather or rough sea, and upon
a calm moonlight night with a smooth
sea and light off shore wind, she sud-
denly filled and sunk, and he AYERS that
said filing and sinking was owing to
wes8 and unseawortby condition of the
schooner, and not to any perils covered
by said policy" 1t was also set forth
that after the accident, Captain Eaton
wrote to the company subsequently stat.
ed to Mr.. Hall, and committee that the
cause of the leak was unknown to- him,
or any of his crew, and that they could
not find the cause, and that Captain
Eaton did not at that time claim that
the lsak was caused by floating log.
Mr.. Bird called Captain Eaton. as his
first witness. He is 26 years old, and has
been in the fishing business since he was
boy. He was closely questioned by Mr.
Bird and Judge Webb regarding the con-
dition Of his schooner at the time he ask
ed for and received thepolicy of insurance
for $500, and said that she had just been
thoroughly overhauled and fitted up. He
said that after they left Deer Isle, and up
to the time Of the accident the schooner
had not grounded, but had encountered
some heavy weather The wind was
AS's~A3 AeAAo oAAeso Lag AuV nCA SUI Suuu0u-
ly began to leak. and the captain said he
remained on deck until eleven O'Clock
when he went to bed and was called at
midnight, and found the schooner rapid
ly filling with water. He ordered all
hands to the pumps and headed her for
the shore, and ran her straight for the
shore as long as she could be managed.
Half an hour after he was called he went
below and found that the water was
gaining on them, and ordered the men to
get the dory ready to leave the schooner.
Cross examined he said that as a matter
of fact he did not know what caused the
leak, but thought she might have struck
a floating log or something of the kind.
He saw Mr.. Hall and told him that he
did not know what caused the leak. He
said that Mr.. Hall later told him that it
would probably be the decision of the
was due to unseaworthiness.
Captain Eaton was followed by James
D. Ware, one of his crew, commonly
called "Unole jim" He said he had
been for forty-six years in the fishing
business. He went to bed at about ten,
but later when he woke up thought he
heard water smashing about, and found
that the floor of the forcastle was under
water. He thought oask of fresh water
had sprang aleak, but testing it and find
ing it all right he went on deck and said
to the man at the wheel: "The schoon-
er's leaking and will go down. They
called Captain Eaton, and when he came
on deck be said: "Uncle Jim, what's
the matter, any of you sick'' and he re-
piled: ''No. cap'n. she's filing" The
captain called all hands and sent them
to the pumps, and headed the schooner
for the shore
At last Captain Eaton said: "Get out
the dory and VIII lay along side as
long as we can" After the dory was
| along side Captain Eaton said: "Uncle
Jim, you get in first YOU'RE the Oldest
man on board" One by one they left the
schooner until all were in the boat, ex-
oav,f% he tni, h.,