Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-01-11
In Hearing at Portland to
Decide Liability Z
For Drowning from Boat Upset
in Passing Steamers Waves.
Steamer Islander Of the Augusta
Boothbay Harbor Run, Involved.

are especially interested in u hearing
today to decide whether steamboat
owners can be held responsible for the
| eapsizing OF boat by the swell caus-
ed by a passing steamer. This ques-
ton was argued before United states
Steamboat inspectors Polister and
Trevett at the custom house by promi-
nent marine lawyers from Boston and
New YORK, the latter being general
counsel OF the Masters, Mates and
Pilots Association of America.
\ small row boat WAS upset at
Boothbay Harbor on June % last and
one of the four occupants drowned
The Augusta Boothbay steamer Island
er Capt. Robert Westman. was pass
ing ut the time and it Mas claimed by
the two who We're saved, that it was
the swell created by the steamer which
caused the accident. The defence is
tnat the steamer was not at fault.
William T. Hanscom OF Boston was
the man drowned and with him in the
boat were Alfred L.. Cutting and DR..
Walter II. Arnold of Boston and Kath-
crime II. Biackford of Boothbay Har-
boz.
The hearing before the inspectors
was to determine whether the captain
was responsible. II he is found 10 be
the decision viii be made the basis of
action for damages against the owners
OF the steamer Witnesses were in
troduced on both sides.
There may be further testimony in
the morning. There will be no areu-
mentS.
II the decision is in favor of the cap
tain an appeal will be taken to the
supervising inspector at Washington
me Evening Express says: An inves-
tSation TO determine whether the
steamer Islander can be held respon-
slble for the capsizing OF rowboat
containing four people. William +,
Hanscom. Alfred L. Cutting, DR. wal
ter II. Arnold and Miss Katherine \.
II. Blackford at Boothbay Harbor on
June 90, 1910, is being held today be-
lore Inspectors Pollister and Treyett
At the custom house
The rowpoat was capsized when the
steamer passed and one occupant OF
the little craft. William Hanscom. was
Niiiit tiit blf6T tIlTtp were
saved by motor boats. 1t is claimed
y MI. cutting and DIR. Arnold that
th' roWboat was overturned by the
wash and swell from the passing
steamer
i5iodgett d Jones of Boston, promi-
n"ht marine lawyers. are to handle
.he ease for the plaintiffs, assisted by
William II. CULVER of this city, Mr..
iililtVer was present al the nvestiga-
ton today The interests Of CAPTAIN r
w. Westman. commander of the Is
ander, Which is alleged to have caused
ne accident. was represented today
oy captain Luther B Dow of New
YORK. general counsel for the Masters,
Yates and Pilots Association. The de-
teAce claims that the wash or swell
rom ire steamer was not responsible
for the capsizing of the rowboat
When Fhe investigation opened this
morning the offices OF the steamboat
Inspectors Were crowded with marin.
neE' VINO are especially interested in
ne case. Captain Westnan wac called
o the stand ut the opening of the
bearing by Inspector FolItster. VIII,
conducted the examination of the wit.
advice of counsel Captain Westmar
refused t. answer questions unit
placed under oath and Mr.. Dow in.
sisted that the inspectors produce wit
nesscs against Captain Westman
after he lad plead no; guilty 10 hav-
ns caused the rowboat to capsIze.
john reed, a lobster fisherman Of
3oo:hhay, was then called to the stand
INC testified that he had been sailing
5aclts and fishing boats around Booth
,ay for the past 80 years. He said
that he had seen the Islander and in
teply to the question as to whethe.
me Islander had been recklessly nav
gated he said that she had not been
Witness did rot witness the accident
On June 10Th. Other witnesses, It. s.
montgomery, marine hardware mer
'haHt, and John Lawson. Vert calico
to the stano and they also testified
that the steamer islander had not been
aayigated recklessly. They also safe
that the wash or swell from that
Steiner was rot any larger than that
rom other steanS RS.
Ralpa Thonpsfm, & wharf builder
| testified that he had Witnessed the last
| part OF tie accident. That he had
| gonc to tie rescue when he heard the
| cries from the people capsiNd fron-
| the boat He said that the woman
! was on the bow Of the overturned boa
| md that one man was on the sterr
| While the .hird was swimming abou'
! % feet away. Mr.. Hanscom had gopf
Town before he arrived near the over
| turned boat. He also testified that The
Islander did not make any more swell
| than any other of tho steamers am
| that as far as ne knew the steamei
| had never been navig'Fed recklesslN
| Melville l.. Nickerson, a. fisherman, ties
| tilted that the steamer Islander had never
caused any damage and that she hac
| never been navigated redklessly to his
knowledge. Witness said that he had fire.
| quently passed the steamer at Towns
| End gut. but that it had never been nee
essary for the steamer to slow down il
| passing him. He said that he did no
| consider the swell from THE Islander an.
| larger than that made by the othe
| steamers.
Amby Alley, lobster fisherman, sait
| that the Islander had been navigated Xix
| all the steamers running to Boothba.