Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-05-19
AN ACT OF GOD.
Portland Steamship Co. Excnera.ed from
Blame for Loss OF Portland.

Portland, Me. May 1S.-In the United
Thursday morning, Hon. Charles F
Libby made argument in the steamer
Portland case, occupying an hour anc
a half, going over all the testimony
and claiming that the steamer was los
through an act of God and by no fault
of the company.
Judge WEBB said he was able to an
nounce his decision in this case at the
present time. He had heard all the
evidence and it was fresh in his mind
He went over briefly the circumstances
of the wreck. The steamship owners
filed a petition for a limitation of liza
biliteS. Certain persons either from
miSinformatiOn or otherwise came into
court and manifested a disposition t.
press for pecuniary claims. The claims
We're all eventually withdrawn. FoI
two days a large number of witnesses
have been examined with reference tC
the circumstances of the wreck.
There are two questions to be dacid-
ed, first. assuming that the company
has some liability whether it SHALL be
limited to the value of the wreck,
which everybody knows is nothing;
second. whether the company has any
liability at all The ship was not old
she was built of good material. Her
Boilers and engines We're thoroughly
constructed and Of ample capacity.
The inspectors testified that she was
adequately supplied with life pre-
servers. The personnel Of her officers
and crew. according to the testimony,
was of the highest character.
What then? The rumor had gone out
that Capt Blanchard, in spite of his judg-
ment. had been compelled to go to sea
that night by officers Of the company. on
the contrary MI Liscomb advised eau
ton about going out. Can any one tell
Us Of anything more that could have been
done for The safety of their property and
passengers by the company? Whatever
took place about the sailing was without
the knowledge of the owners and they
cannot be held to be responsible. There
fore, the court is Of the opinion that the
owners are not 10 be held to any liability.
Was the captain remiss i'm judgment for
not putting into some port? The testi-
mony is overwhelming that the change in
the weather was sudden and Unforeseen.
There was nothing to indicate so severe a
storm. i ne weather puitdu llill 7lN gil
no warning Of any such storm. Captain
DpnniSOn was to go towards the storm
and Captain Blanchard was gong away
from it. There is nothing that is left
more to the judgment of captain than
10 decide when he shall go to sea and
when he shall not. There was nothing to
Indicate that he ought TO guard against
a storm of dangerous proportions.
The court said in his opinion that there
was no fault in Captain Blanchard's go
ing out to sea when he did. He had no
opportunity to make port Of refuge
When he passed Thatcher's island the
weather was not violent. We do not
stnrm The storm developed great Vio-
ience after the steamer passed Thatcher S
island The violence of the storm is in
dicated from the fact that the steamer
yas driven before ii to the shores of
cane cod. At the last she may have
been SO badly strained that she could no
longer keep afioat. m
T5e iudge in conclusion said: II must
hIId that the Portland was lost b. the
nerils and dangers of the sea, without
tfa,,it of ANYBODY, and decree the eXemp-
. ..nIi ~ entire liability of this company
orJarinc that they pay the costs in this
I,.acaadinc which is eX-parte.
"a ms iudre also issued an injunction re-
e,rairinr any suit from being brought in
10 future in any other court.
fTb, oI1tcome of the case is, therefore, a
I nc exoneration of the company
IN IN .Cantain Blanchard from all blame
dll9 ~ company is duly freed from all
anu ., az. for. loss of passengers, crew and
n lnriv by the wreck of the Portland.
VIZ Russ. a shoemaker. IS Essex
w n e.tyan1pscott, Mass, has developed
aasa 81 smallpox. He Is employed in a
80 sboa factory where ArmenIanS are