EMILY T. SHELDON

EMILY T. SHELDON

Brig EMILY T. SHELDON ashore on Peaked Hill Bars, Provincetown, Cape Cod, March 22, 1886. Built at Waldoboro in 1873. On March 22, 1886, the brig 'Emily T. Sheldon' ran ashore on Cape Cod. The vessel had departed Boothbay, Maine, with a cargo of ice bound for Annapolis, Maryland. The weather at the time of sailing was fine, but within a few hours a terrific storm came up. The brig's master, Captain William Hays, spent the next 51 hours on deck fighting to keep his vessel afloat. He finally turned over control to his first mate and went below for a brief rest. While he was asleep, the brig's rudder post split. Captain Hays was literally dragged out of bed to deal with the latest problem. When he came on deck, his actions were erratic. His crew later said they thought he had gone insane. He was unresponsive to questions, gave contradictory orders and accused his crew of mutiny when they tried to set the sails. Even when the brig finally struck the shore, Captain Hays refused to leave the wheel. It took hours to coax him into a lifeboat. Emily T. Sheldon was declared a total wreck and the litigation began. Phenix Insurance Company denied liability saying the wreck occurred because of negligence on the part of Captain Hays and his first mate. Hays response was that he had gone temporarily insane. The insanity was caused by "the perils of the sea." The jury found for Hays but the judge ruled for the insurance company. The result was appealed twice. In the New York State Supreme Court, the verdict was set aside and a new trial ordered. The Court agreed that Captain Hays' incapacitation was the result of his efforts to save the brig. To do more was impossible. Their finding said: "Impossibility is an excuse in law, and there is no obligation to perform impossible things." -- Joe Mosier 2019