The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-05-19

showing by the testimony that there was
nothing to suggest that prudent captain
psned was something beyond human
foresight. In ITS fifty thousand people
were swallowed up by an earthquake in
Lisbon. 1t was treated ms an act of God.
On the sea also the fortuitous element
precludes all the efforts of science to make
absolutely safety. The Portland Steam
ship company was not a insurer Of its pms
sengers. 1t had the best of boats. the best
of appliances, the most Eprudent officers.
and beyond that it couldInot go. Beyond
that its liability did not extend.
Mr. Libby having concluded.
JUDGE WEBB SAID
that he saw nothing In the case which
made it necessary for him to break his
usual custom Of deciding at the end Of
the hearing, The case singularly illus
trated the great difference between the
trial of a case In the courts. and those
examinations which had taken place on
the street corners. in the newspapers, and
in private conversations. After the dis
aster occurred all heard many mingled
facts and rumors. The real and main
facts were that the steamer Portland left
Boston regularly at p. m, November
20, that great storm broke that night
and prevailed tie next day, and that
soon after bodies and wreckage came
ashore on Cape Cod. Then various ex-
plantations were given and on various
theories responsibilities were assigned by
common rumor. Then In due form the
steamship company came before this
court and asked for the limitation of liza
bility guaranteed under certain conditions
by the statutes. A large number. of per-
sons, badly informed or badly advised or
animated by other causes, manifested
disposition to ntest the company's petit
ton for Limitation eof liability. These
adverse proceedings had all been with
drawn before the hearing, and aftsr due
proclamation for all persons objecting to
come forward, none had come, and the
proceedings had gone forward without
contest.
Two questions were to be co1sidere d In
the examination. First. assuming that
there is some liability, whether or not
the petitioners are entitled to have 1t lin
tied.
As to the question of liability, Ii was
to be said of the owners and managers
that their duty was to provide steamer
staunch and strong, lifted for Its duty.
1t Is shown, that the vessel was not old,
a little less than nine years old; that she
was built in first class style. of the best
material; and that she had been kept up
we'll, and was we'll equipped and manned
at the time of the disaster. Rumor had
stated that the able, prudent and expert
enced master had heen ordered to go out
against his judgment Upon examina-
ton this had vanished into thin air, and
it was shown that MIR. Liscomb had taken
unusual precautions to have the oondi-
tions of weather fully examined and dis
cussed. There was no evidence, either,
that Capt. Blanchard had disregarded or
failed to weigh properly the admonitions
which he received. Moreover, after he
had cast off his lines that night the re-
pOnSlplilby VI ouo uAhuoSois anu oV"oAS
ceased Whatever happened after that
was without their privity. Therefore he
should decree Limitation of their liza
biIity to the value OF what was recovered
of the vessel. AS nothing of value was
recovered, the Limitation was practically
entire.
10 PASS further it was shown that there
we're no advance indications OF the terri
BILE storm which came. There were signs
of snow storm, and of a wind OF some
strength. But there was absolutely moth
ing to show that storm of intensity was
coming. Captain Dennison was going
towards the storm and was probably on
that account more cautious about going
out. But one mans judgment may not
be Judged by another's acts. At the
time Captain Blanchard went to sea there
was nothing to indicate that he should
apprehend dangerous storm. There was
no fault In Captain Blanchard in going
to sea when he did. The storm came up
in the night, and the duty might arise
for seeking port of refuge. What &C.
casion and what opportunity had her We
have the testimony of witnesses who saw
what seems undoubtedly to have been the
steamer Portland up to the time she
passed Thatcher's Island. That Is the
last seen of her that night. Beyond that
all ia conjecture. She was seen going
on safely at Thatcher's Island. Then all