The Maritime History of the Great Lakes
C. B. Benson (Schooner), U125226, sunk, 14 Oct 1893


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The Schooner Lost In Gravelly Bay Is The C.B. BENSON for Toledo.
      The schooner sunk in Gravelly Bay is the C.B. BENSON, which left Buffalo Friday for Toledo. She had seven men on board, all of whom are drowned.
      Capt. D.W. Carter of Port Colborne telegraphs: "Tugs visited the wreck and she is loaded with coal. Her foremast is gone and the remaining topmasts are painted black. I believe it is the C.B. BENSON. Have just sent another tug with diver and will telegraph you later."
      No bodies have been found. Not a single body of the crew of nine men on the J.C. FINNEY, which went down last fall in the Bay, was ever recovered. The G.M. CASE, the MONTICELLO and E.P. DORR were lost near the same spot and only one man's body found.
      Captain Duff of the BENSON was one of the best known navigators in this county.
      Buffalo Evening News
      Wednesday, October 18, 1893 p.1, c.1

      . . . . .

John Duff of Port Clinton, Ohio, is in the city on a sad mission. He is looking for the bodies of his father and brother, who were lost on the wrecked schooner C.B. BENSON. Mr. Duff has giver the News, the following description of the lost men:
      Capt. Duff, aged 63, height about 5 feet, weight about 145 pounds, hair and full beard, both grey, scar on one leg, tattooing on arms, large ship tattooed on breast. Curtiss Duff, age 28, height about 5 feet, weight about 135 pounds, hair and mustache dark, scar from penknife on chin, scars on fingers. Both resided at Port Clinton, Ohio. If either is found, the finder is asked to notify The News of Brown & Co., vessel agents, 202 Main street, Buffalo, N. Y., or Carter Bros., Port Colborne, Ont.
      Buffalo Evening News
      Tuesday, October 24, 1893 p.1, c.5

      . . . . .

      A BOTTLE FROM THE BENSON.
      "We Are Going Down" Says A Missive Thrown Off The Doomed Schooner."
Ridgeway, Nov. 1, - I picked up a bottle near the storehouse today containing a message as follows:
      THROWN OFF SCHOONER BENSON, SATURDAY, OCTOBER 14, 1893
      WE ARE GOING DOWN.
      [Signed D. R. Black}
      from Charles Claus, finder
      Buffalo Evening News
      Thursday, November 2, 1893 p.1, c.5

      . . . . .

      OUTCOME OF THE ACTION IN THE CASE OF THE SEIZURE OF THE TUG GRACE
      An Important Opinion.
The fishing tug GRACE , owned by Frederick Helwig, Willoughby, Meisner and David Waltus of Dunkirk was seized on April 21, 1894, by the Canadian cruiser DOLPHIN in l.ake Erie a few miles from Dunkirk for illegal fishing. The seizure was made for alleged infraction of the Fishery act and on that ground the Canadian Government claimed the right to confiscate the boat, nets, tackle, furniture, etc. The owners of the boat set up defense by an absolute denial of the commission of an acts that could be construed as an infraction of the fishery laws. Hon. John Laughlin of this city was counsel for tbe fishermen and associated with him was Hon. William German of Welland. The case was argued in the Exchequer Court of Canada, Toronto Admiralty district.
Judge McDougall, who presided, has recently rendered an exhaustive opinion and in view of the number of seizures and of the enormous fishing interests in our inland lakes the decision is one of great interest to fishermen. In so far as known tbe question of territorial line and other points covered by Judge McDougall have never before been specifically decided in either country.
According to the decision the alleged infraction charged to the owners of the GRACE was that the vessel was found fishing in British waters within the Province of Ontario on Lake Erie between eight or nine miles southwest of Port Colborne on the Canadian shore without a license from the Governor General of Canada. Mr. German councel for the owners, contended that upon the evidence of the witnesses of the Crown there was no liability to forfeiture because it clearly appeared that the GRACE was fishing more than three marine miles from the Canadian coast.
Judge McDougall cites that by the treaty of Paris (1793) the boundaries between the Unitod States and Great Britain were oxpressly defined and quotes that portion of the treaty describing the territorial line on Lake Erie. Speaking of the boundary line, the treaty says it passes "througb the middle of said lake (lake Erie) until it arrives at the water communication between that lake and Lake Huron, etc, etc." International Law is then quoted to show that the same principles which govern territorial law on dry land is applicable to water lines.
It is shown that the boundary lines between the United States and Great Britain through the center of the lakes and that therefore in no sense can tbey be denominated "high seas." It is declared that it is an axiom of International Law that every State is entitled to hold that fishing on its coast is an exclusive right of its own subjects, and the laws passed to regulate such rights are cited. The law prescribes that every foreign vessel or boat found fishing or preparing to fisb or to have been fishing upon the inland waters of Canada, such vessel, cargo, etc, shall be seized and forfeited.
It was contended that the penelties of this particular act do not apply to a foreign vessel fishing in the inland waters if the fishing is done outside the three mile limit; but it is said in the statute that the act should apply to the inland waters of Canada. "Had this been the form of expression," says the decision, "there would have been much force in the contention that the three-mile limit was equally applicable to the coasts of inland waters as to the sea coasts. But what the section does say is that the act shall apply to every foreign vessel in or upon the inland waters of Canada. In other words wherever in Canada a foreign vessel is found fishing without a license that foreign vessel incurs the penelty of the act and is liable to seizure and forfeiture."
The conclusion of all this is that if the GRACE was found to be fishing, preparing to fish, or to have been fishing within the territorial boundary of Canada, as described in this instance by a line through the center of Lake Erie, her seizure and forfeiture is just. The question then arises where was the GRACE fishing just before her arrest by the commander of the DOLPHIN ?
It was established by the evidence that a line drawn from Port Colborne on the Canadian shore to Dunkirk on the American shore would intersect the boundary line about 18 miles from Port Colborne light. If the line were drawn from Port Colborne to Silver Creek it would intersect the boundary line at a distance of II miles from Port Colborne light. By the wreck of the BENSON, which is visible out of water and which is 7. 4 miles from Port Colborne light, (tbis distance was carefully logged), the testimony with relation to the position of the GRACE to this wreck establishes that she was taken about one mile and a quarter south of it.
The distance from the wreck to the bounary line would be fron 4 1/2 to 5 miles, so that even assuming that the GRACE was 8 1/2 miles away as claimed by two of her own witnesses she would then be at most not more than from 11 to 11 1/2 from Port Colborne or from 1/2 a mile to 1 mile north of the International boundary line. It was in evidence that the fish had been moving steadily northward all the spring and that they had worked their way from within a few miles from the American shore towards the Canadian shore; and the fishing tugs followed the run of the fish.
      Upon this evidence Judge McDougall finds that the GRACE was engaged in fishing wholly within Canadian waters. Judgment was entered for the Crown with full costs of suit and the vessel and paraphernalia declared forfeited to Her Majesty.
      Buffalo Evening News
      Wednesday, January 9, 1895
     
      . . . . .

      It is nearly seven years since the schooner C.B. BENSON, Capt. Duff, was lost in the treacherous quicksands off Long Point. The BENSON was bound for Buffalo with a cargo of wheat from Toledo and when abreast of Erie was caught in a terrific gale and went down. Not a vestige of the schooner or crew were ever found until Monday, when the Buffalo Life Saving Station received a piece of stairway from the captain of the steamer LOUISE, at Niagara Falls. This is the only relic of the BENSON. It was picked up at the Maid Of The Mist landing by the captain of the LOUISE. After all these years the name BENSON in brass headed tacks, is still plainly visible. The board will be sent to Capt. Duff's son, who is a prominent lawyer in Toledo.
      Buffalo Daily Courier
      August 8, 1901 p.2, c.5

      . . . . .

      Schooner C. B. BENSON. Official U. S. Number, 125226. 298.72 gross tons. 183.78 tons net. Built 1873 at Port Clinton, Ohio. Home Port, Toledo, Ohio. 136.5 x 26 x 13.
      List of Merchant Vesssels, U. S. A., 1891
     


Media Type:
Text
Newspaper
Item Type:
Clippings
Notes:
Reason: sunk
Lives: 7
Freight: coal
Remarks: Total Loss
Date of Original:
1893
Subject(s):
Local identifier:
McN.W.17422
Language of Item:
English
Geographic Coverage:
  • Ontario, Canada
    Latitude: 42.873333 Longitude: -79.255555
Donor:
William R. McNeil
Copyright Statement:
Copyright status unknown. Responsibility for determining the copyright status and any use rests exclusively with the user.
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C. B. Benson (Schooner), U125226, sunk, 14 Oct 1893