The Sun.
London, England, 1858-09-01 00:00:00

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LIVERPOOL, AUG. 31.
(Before Mr. Baron Martin and a Special Jury.)

GIBES AND ANOTHER V. THE TRUSTEES OF THE LIVER-

POOL DOCKS.

Mr. James Wilde, Q.C., Mr. Cleasby, and Mr. Lushing-
ton appeared for the plaintiffs; Mr. Edward James, Q.C.,
Mr. Forsyth, Q.C., and Mr. Quilt' for the defendants.
The declaration stated that the plaintiff's were the owners
of a cargo of guano on board of a certain ship, that defen-
dants were proprietors of the Wellington-docks, and that
they did not take due and reasonable care in cleansing it,
whereby the ship struck against and became imbedded on a
large bank of mud, and the property of the plaintiffs became
damaged.
Mr. J. Wilde, in opening the plaintiffs' case, said the
action was brought by Messrs. Gibbs, who were owners of a
very valuable cargo on board the ship Sierra Nevada, and
Bross out of a very serious aceittent which occurred
to her upon the occasion of her being taken into the
Welliugton-dock upon the night of the 14th of April,
1835. The vessel was a large ship, and was built at Ports-
aaouth, New Hampshire, in May, 1834. She sailed thence
on her first voyage to the Chinchas Islands, where ske took
in a caro of guano, mount :Low or 0,000 tons ; men went
back to New Hampshire, and thence to Liverpool, arriving
in the Mersey on the 12th of April, 1855. She lay outside
the dock for some short time, and upon inquiry being made
as to what water she drew, it was suggested that it would
be best to lighten her, as sbe drew somewhere about 23 or
24 feet, by taking out some 200 tons of guano, which was
accordingly done by means of lighters. The spring tides
being upon the 16th of April she was ordered by the har-
bourmaster to come i❑ upon the high tide that night.
She was accordingly ready, and lay outside for about an
hour before she was ordered to come in. She was then towed
by a steamer to the gate and was warped in. SLe was going
through the gut when, without any apparent cause what-
ever, she suddenly stopped. There was every effort made
to force her in or to force her back, but without success.
She had come in just at the turn after high water, and the
tide was rapidly falling. As the tide receded her keel came
upon the dock sill; she then rolled over on her side, and it
was impossible to remove her. There she lay for 12 or 13
days, and, in technical language, she broke her back, the
ship suffering damage to the extent of some £lO,OOO or
112,000, together with the cargo, which also received seri-
ous damage from the water coming in. The following day
after she struck an inspection was made, and it iyas as2er-
tained that there was in front of the vessel a considerable
hank of mud—ti at she went into the mud and that it stopped
her. The monthly reports furnished by the dockmaster
showed that during the months of March, April, and May,
there was mud in the dock, which had increased up to two
feet. - - -

Mr. Pearce Wentworth Penhallow deposed that he was
master and part owner of the ship Sierra Nevada. She was
an American ship, and was launched in May, 1854. Her
carrying burden was about 2,500 or 2,600 toes. Saw the
building of the vessel going on, and looked to it all the time.
It was built at Portsmouth, New Hampshire. She was well
and strongly built. She was built with a perfectly straight
keel. Her first voyage was to the Chinches Island, where she
took in a cargo of guano, and went back for orders. She pro-
ceeded to Liverpool. She behaved well during the voyage.
There was not the least straining, there was no settling amid-
ship, she made no more water at the end than at the com-
mencement of the voyage, and very little at any time. The
model produced was a very c)rrect one. The mode of fas-
tening employed in her was very strong • she arrived in the
Mersey on the 12th of April, 18.55. Applied to the harbour,
tna.ter's office about the docl,ing of the ship. She drew,
with her full carga, 24 ft. 2 in., when she came into the
Met Rey ; she diseharged 300 tons on coming into the river ;
she was ready fir docking on the 16th April ; she them drew
22 ft. 10 io. Reeeiled from the dock-master a direction to
have the vessel brought up in good time; Was waiting about
an hour before the vessel wds let in at the Wellington half-
tide basin, into which the harbour-master ordered her to be
taken. Witness was on the quay all the time, and saw all
that took place; a steam-tug brought her to the dock wall,
and afterwards assisted her into the outer basin ; the steam-
tug left jest as the ship's head was pointed to the gates in
the usual way. It was the west gate. The line from forward
to the buoy was taken to the capstan, and she was warped in.
The dockrnaster gave the directions. She went straight is till
about the middle of the gateway. ller forefoot entered well
into the dock, when the bow sheered to starboard, and the
ship stopped all at once. When she sheered her bow was
brought against the pier. The stern, which was to port,
twang to starboard. The order was given, " heave away
again, the stern is all free." Besides the bow line another
was taken from the port quarter to the capstan. The ship
did not go ahead any more, but her stern was swung again
towards the port side. See did not move forward frem the
time she first stopped ; that is, not perceptibly ; the lice
from the port side was broken, and she swang again at the
stern ; the bow did not move; a lantern was lowered over
the bow, and a boatman sent to examine the draught of the
ship ; be reported it 22 ft. 9 in., and that the marks on the
side showed 23 ft. 9 In. of water ; they again attempted to
heave theship ahead, butwithout success. The tide then must
have been ebbing. Mr. ll,dgmn, the harbour master, advised
her being shored in the lock. As the tide fell she listed
to port, and her rail and main channel were broken against
the stonework. During the night, after the tide had fallen,
the ship began to break, the keel having taken the sill.
She broke between the main and mizeninasts. It was after-
wards ascertained that the heel of the mainmast was just
over or inside the dock sill; the next high tide the ship
filled with water. It was about 15 days before they got her
away from this position into the graving dock, where it was
no'iced on what part she was broken. There was a large
mark on her port side about three feet high, and about 20
or 30 feet long.

Cross-exaMined by Mr. Edward J
225 feet long. He was not a shipbuilder
vessel was
r ltitnself. Ile had
no difficulty with regard to setting u
coming to England. It was only once L histlt daring the w
g whole
voyage, and that was when the ship was being loaded
at the Chinches Islands. It was admitted by the witness
that the rigging was set up several times during the voyage
from the Chinches. They had dunnage for the purpose of
unloading, hut not a regular platform. He did not say it
ewas the iasufficieney of the water on the dock sill that
any cause.
the accident. Ile had no recollection of a,,signing
acorrecataiseou.
. settle
onliheisspfoorke to one of the gatemen to the effect
that the mud was the cause of the accident. He made this
s'ttled down on the 181ne' IfitelY.
it
own
immer statement.i The bows of the vessel
did notd
Re-examined.— was probable they had
o f the ship. The seGttairerghett.ttpwoaf"
something to do With the employedti for the setting up
,e,nansdtiateiar
efertrhieggyiensgsel. [nightli ehwa
ayes
rigging
voyage.positiie the
It
once during the
lattauvpe it set up tfflo or
three times. It was not possible
sagged without making more water
thant a vessel could have
make m"re water than usual. She was a usual. She did not
she had sagged six inches she must have leaked very
ship. If
v
The cargo was in good condition up to the time of
badly.
the acci-
dent. The platform did not strengthen the ship, It kept
the cargo further @LI the wa,er arising from leakage. He
gave a carpenter directions to ascertain the quantity of mud
and the measurement of the bank at the first opportunity,
and to take a person along with him. This was about the
second day after the accident. The carpenter reported to
him on the next day. lie saw the carpenter take the
measurements.
Various other witnesses were called to the flame effect.
Among others
Mr. Green, a abipbaildcr 'lad famerlysgrveyor to goyd' 0