The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-12-27

sometime after midnight of the same day,
at which time said steamer was on the
high seas, the wind and seas rapidly IN
creased to violent hurricane so that
during the morning of the 9th OF Noyem-
Der either by reason of a collision with
ths four masted schooner "King Philip
or some unknown vessel, or else by reason
of the great violence and fury of the gale,
said steamer Portland was SO badly
damaged that she foundered and the bag
gage then on board was wholly lost, and
the cargo of merchandise was wholly de-
stroyed, excepting few articles of small
value, and all her passengers and crew
then on board were drowned, but the
place OF laundering is wholly unknown to
your petitioner.
Fifth-That the laundering and loss OF
said steamer, and all the loss and damage
to the cargo and baggage, sustained as
aforesaid, together with all the loss and
damage or personal injuries and loss OF
life. were occasioned and incurred without
the privity and knowledge of the petition
er, and the laundering of said steamer
and the consequent loss and damage oc-
CURED by the act of God, and by the
perils of the sea, and without fault on
the part of your petitioner.
Sixth-The petitioner further alleges
that the lading of said steamer at the
| time aforesaid, consisted of various
articles of baggage and goods. wares and
| ho doli nv Gal6
steamer at said city of Portland (Which
was her home port) to divers persons and
to various conns setting carriers to be for
warded and delivered to other places in
the state of Maine and elsewhere to the
petitioner unknown.
Seventh-And your petitioner further
shows that the owners and consignees OF
said cargos, and the owners OF said bag
gage on board said steamer at the time OF
said laundering, are very numerous, and
it has reason to believe and does believe
that claim in behalf of the owners of said
cargo and baggage, or portions OF 1t
aboard said steamer at the time OF said
loss. will be made against your petitioner
as the owner of said steamer, etc.
-
Eighth-The petitioner further alleges
that suit has been commenced in the
Superior court for the county of Cumber-
land, in said district of Maine, returnable
at term thereof to be holden the first
Tuesday of February, 1899, by Nathan
Cohen, of said Portland, administrator of
the goods ana estate Of Solomon Cohen.
late of said Portland, and passenger on
said steamer at the time Of said founder
ing, and by Edwin L. Baker, OF said
Portland. administrator of the goods and
estate of Beulah M. Baker. late of said
Portland, returnable to the supreme
court, to be held on the second Tuesday
of April. A. D., 1899, and the said Beulah
M. Baker also being passenger on said
steamer at said time. both OF said suits
being for loss of life and personal injuries
sustained by their respective intestates,
and alleging damages in the first of said
actions in the sum of $4,000 and in the
second of said actions in the sum OF $l0,-
900.
Ninth-And in addition to said suits
to believe that there are large number
of other suits or libels about to be
brought against it, by other parties for
loss of freight or baggage by reason OF tne
foun iering of said steamer aforesaid, lar
in excess of the value of the steamer and
her appurtenances and pending freight.
.aTenth-The petitioner further alleges
that it desires to claim the benefits Of the
provisions of sections 1888, 4264, 1855 and
1886 Of the Revised Statutes OF the United
States. and the acts amendatory thereto
and supplemental thereto, and by this
nroceadinp nv reason of the facts herein
before stated, to contest its liability and
the liability of said steamer Portland and
all appurtenances thereto belonging, and
of the freight pending, to any extent
whatsoever, for any and all loss. destruc-
ton. damage or injury, done, occasioned,
or incurred by reason of the laundering
and loss of said steamer aforesaid, and
that to that end desires to surrender it's
entire interest in said steamer and appur-
tenances thereto belonging. and her
freight then pending, during the tendency
of this proceeding, to trustee to be APP
pointed by this court.
EIeventh-Ihat all and singular ths
the premises are true and within the adj
miralty and maritime jurisdiction of this