The Northern Daily Times.
Liverpool, Merseyside, England, 1853-12-28 00:00:00

trusted to the pilot. It'would be laying down the newest
possible law if it were to be said that there was any com-
pulsion upon the owners of the vessel to send a captain in
her to Liverpool who was acquainted with the port. The
position and authority of the pilot must be determined
perfectly irrespective of any accidental knowledge on the
part of any person on board the ship. It was the
duty of the owners to have a captain who was
competent to navigate, but it was not their
duty to have one on board who was intimately
acquainted with the port of Liverpool. If the pilot was
drunk, or did something grossly improper, something which
the captain and every seaman could see must bring him into
collision with another ship, then it might be fairly contended
that it was the duty of the captain to interfere ; but it could
not be-contended, merely because the captain happened to
know something of the port of Liverpool, that he was there-
fore bound to interfere, in a totally different case, with the
authority of the pilot. In order to justify his interference,
there must be the grossest possible negligence or misconduct
upon the part of the pilot, such as could only be accounted
for by something like drunkenness or insanity. In point of
fact, to entitle the captain to interfere with the authority of
the pilot, there should be some cause nearly, if not quite,
equivalent to that which would justify an inferior officer in
the ship in• interfering with the authority of the captain.
He contended that with a pilot on board, it ceased to be the
duty of Captain Comstock to look out for lights or beacons,
or to found any calculations upon his knowledge of the port,
or to offer any information to the pilot. With regard to the
velocity, the pilot himself distinctly stated that he did not
consider the rate of 12 knots an hour too great a rate of
speed. The only question then was whether the amount of
speed was so great as to prove a total incapacity on the part
of the pilot, which would entitle the captain to interfere,
and take the control of the ship out of his hands. It did
not appear that, in the course they were taking, soundings
would be of any use whatever, and therefore no question
would arise on that point.
His Horton: I think none, Mr. Aspinall. I think, upon
-the evidence, it is clear that they might not improperly take
the course they did, and that soundings would be useless, or
all but useless, in that course.
Mr. ASPINALL said there could therefore be no negli-
gence alleged upon the part of the captain, in not
having interfered, to order that soundings should
be taken. The whole question was therefore reduced
to the rate of speed, and whether the captain should
have interfered to prevent it. On this point Mr. Aspinall
contended that inasmuch as the whole occurence arose from
the mistake of the pilot with regard to his position, it was
rendered utterly unimportant to the consideration of the
case at what rate of speed the Baltic was going, as no col-
lision with other vessels did occur, and the actual injury
done to the Bell buoy was all they had to consider. Mr.
Aspinall cited a great number of cases bearing out the views
which:he urged to those adduced upon the other side, and
concluded his statement for the defence.
His HoNoR observed that he would not say there was not
such evidence as he would feel bound, if he had a jury, to
lay before them. He was therefore bound to lay it before
himself, and consider it carefully, to see whether it went
the full length of attaching liability to the owners of the
vessel. Mr. Aspinall had exhausted the points for the
defence, had urged every point which arose in his own mind,
and brought forward some, in which he did not agree, in a
very ingenious manner. He could not say, however, that
there might not be some evidence which should be laid before
a jury Mr..
ASPINALL said he would call as evidence the captain
of the Baltic.

Captain COMSTOCK was then examined by Mr. ASPINALL:
—When he saw the lights were brought in one, he asked
the pilot why he altered the course, and the pilot' answered
that they had passed the Bell buoy. Immediately afterwards
he had the buoy close aboard on the starboard bow ; sang
out "hard a-starboard," and at the same instant stopped the
ship, but the collision occurred almost immediately on seeing
the buoy.
Cross-examined by Mr. BLAIR :—Passed Point Lynas
near eleven o'clock, and came at full speed from that point.
Has been master of the Baltic for three years, and was
mate in a sailing vessel trading to this port four years.
Never navigated inside the Bell buoy. Knew they were
approaching the Bell buoy when he spoke to the Pilot.
Witness was standingbetween the paddles, near the bells which
lead to the engine room. Always takes charge of them when
it is necessary to convey positive intelligence to the engineer.
The pilot stood alongside the wheel. It was near high water
aotf the time.
spa agses,e
ag . Thought
though
Wlasate ver
ry
yy wasthir
anxiousty probable they would meet
vessels in the Victoria channel. It was an average length
thirty-six xt
uh oguerts
uthan s thesipo u pre-
cedingas
ofliththaotkanaiiceertytaainndtimotehetro
u ses that
the supeeneede.
possible.ea
get from the north-west light ship to the Bell buoy. Never
bet a dollar on any steam-ship, though such bets are very
common.

To Mr. ASPINALL : I have run in on the last voyage at
the same speed and under the same circumstances. In 99
cases out of 100, when the lights are seen, steamers come in
at full speed.
To the COURT : I could have seen a vessel five miles off' on
that
bbd.
Nruionyg.
alterationnight.wo nh n Wheni linaasses:aa twldtwnahwo eizahthkdh)pilotre.nees otridvoep:tclwbhaai
leuatmhi
dgotyle:hv
what
.atopsatenetielnhhbrd
aeaor
odrataunenr
unecl
until
aasetlrkkePodnsie.
roaamde itilwfnihute
he wanted
tltLdhwc
immediately,
iosyeaapuntonßereautesl
tlahnaeds asked
observed
ehrti
vome oat sh;
ld
that
seaman mwaasnthonelbvoaaterhd
and when he told me, I returned to My Post
can-
not
say how long after the course was changed observed it.
on the starboard bow on the night of the collision, and that
Krthentzhi
on seeing the buoy, he immediately called out.
declarationtie wastheonf
rAleaedx.anltdesretNfio‘
Mr. BLAIR and Mr. SIMoN then applied themselves to
theTßheal
combat the law of the case, as laid down by Mr. Aspinall.
His HoNoR said that he should desire to consider his
judgment in the case, as he conceived it to be of much im-
portance to the trade of Liverpol. He would, therefore,
not deliver his judgment until Monday week.