The Northern Daily Times.
Liverpool, Merseyside, England, 1856-08-01 00:00:00

(BEFORE MR. MANSFIELD.)

ANOTHER CASE OF STABBING.--4 young man, a boiler-
maker. employed at Messrs. Horsfall's foundry, named
Jesse Batlock, was placed in the dock, charged with
stabbing a member of the same trade, named John Billis,
on Wednesday night, in Northumberland-street. Both
men were drunk at the time. When the case was called
on, the constable who had it in charge stated to the
bench that a witness who could prove the charge against
the prisoner had been in the court a few minutes before,
but that he had been induced to leave by the foreman of
the works, in order that the prosecution could not be
sustained. Mr. Mansfield said that such conduct on the
part of a man in the position of foreman of such works
was not to be tolerated, and hoped that it would be
made public. The depositions of the other witnesses
were then taken, and the prisoner was committed for
trial at the approaching assizes.

COUNTY v COURT--ESTIRDAY.

(BEFORE JOSEPH POLLoCK, ESQ., JUDGE.)
IMPORTANT TO STEAM•TUO OWNERS AND SHIPMASTERS,

THE AYRSHIRE LASS V THE EMPIRE STATE —This
case involved a question of very considerable interest to steam-
tug owners and ship captains, and others connected with ship-
ping. It arose in this manner—On lust New Year's day the
Empire State, Captain Briggs, an American ship of largo
tonnage, was making port, and when approaching the mouth of
the harbour, was solicited by the Ayrshire Lass, steam-tug, to
take her in tow. The pilot who was in charge of the Empire
State, expressed an opinion that the Ayrshire Lass had not
sufficient power for the purpose, but eventually, after some
negociation, Captain Briggs agreed to pay her 5.,i5 15s to tow
that the
them into the river. It was. soon found, however,
Ayrshire Lass had not
.sulEcient power to tug the Empire
fetahraltrigthetlyrasthotemy
State, and a breeze springing up at the time, she was unable to
give steerage way to the ship, or to keep her own.. The tide
was on the point of ebbing,
would drift on Taylor's bank,
anchor for the night. The captain was unwilling to adopt this
and the
course, and urged him to hold on until ane'.l"ter, and more
powerful tug, the British Queen, which was in sight, came up.
She soon arrived, and with her assistance the Empire State was
safely towed into the river, For this service she
claimed eight guineas, which were paid ; but when
Captain Briggs wanted to deduct it front the fifteen guineas,
the captain of the Ayrshire Lass refused to accept the balance,
seven guineas, and her owners brought the present action to
recover the full amount contracted for. Mr. Atherton
appeared for the plaintiffs, and Mr. Hime for the defendants.
Several witnesses were examined on both sides ; but it was
made clear that the Ayrshire Lass had not the power to tow
the Empire State into the river with duo expedition, and
without exposing her to considerable risk. His Honour, in
giving judgment, said that it was quite clear the verdict should
be for the defendant, He did not entertain a doubt as to
what the duty of a tug-boat was, and that an undertaking to tow
up a vessel of great tonnage was to tow her up within reasona.
ble time, and without permitting her to incur any risk, to
which, in the ordinary course of navigation, she would not be
exposed. If, from want of power, or any other cause, she was
unable to 'tow op the vessel with ordinary expedition, cc
without permitting her to incur snctl,risk as a reasonable man
would not run, he considered that the captain of the vessel
was not only entitled, but called upon to obtain other assistance,
and certainly was not called upon to pay for that assistance
which, ho had been led to` expect, would bo fully
furnished by the parties who first undertook the service.
They might test the question in another manner :
Suppose the captain had not applied for otter assistance, and.
that an accident bad occurred, and that lives had been lost,
could they doubt that he would be held responsible by a jury
for not having obeyed the commands of the pilot, the officer
appointed for that special duty under an act of parliament
He thought it could not be doubted, that if an accident had
happened to the Empire State on that occasion, after the
positive remonstrance of the pilot,whe desired that they should
either procure other assistance or anchor at once, the captain
would have been personally responsible for the consequences.
That view seemed to him to bear largely on the matter, and
that a steam-tug, undertaking to tow a vessel of large size, should
for the great commerce do it in reasonable time, tnithout incurring any risk other
than that which accompanied ordinary navigation. A
No
on this occasion, there was some danger • it had
decided any other way than that in which'
confidence }to
le
I intimated her
ing this port ; nor would there be by
yrnereet e.ntaeor-r
would, there would be no safety
foreign vessels, and by foreign nations, inn ourcaptainregu-
lations, if those lawslaws were not enforced 1, • vluch were necessary
for their preservation, He felt that he would not be doing
his duty to his convictions if he did not sive a verdict for the
defendant without e, sirs. Verdict accordingly.