The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1853-11-22 00:00:00

brig Oceana, in the Channel. The plaintiff (Juan de Eche-
varria), was the owner of the brig in question, and the
defendants (Messrs. John and William Strong) owners of
the steam-tug Gleaner, which, at the time of the colli-
sion, had the Oceans in tow ; and it was alleged that, in
consequence of those on board the steamer not obeying
the commands of the pilot on board the Oceana, that brig
was run into by a schooner, named the Elise. The facts
of the case may be sufficiently gleaned froin his Honour's
remarks in giving judgment. He said he had given the
case the best attention that he could, and be was of opi-
nion on the whole that the plaintiff was entitled to reco-
ver. He was of opinion that the schooner had acted
rightly throughout —that the pilot in charge of her was
entitled, according to the regulations of the Admiralty,
to hold the course which he did, she being then close-
hauled and on the port tack. He thought that the steamer
ought to have given way, but he did not hold that, because
he assented to the proposition that had been laid down, that
a steamer having a vessel in tow was always to be consi-
dered as going free. He found that Dr. Lushington, than
whom there was no better authority, had intimated a
strong opinion against that doctrine, and he went fully
with him. He could not think that a steamer going with
a vessel in tow was to be considered as a steamer without
any vessel, and whether she was to give way or go free
must depend upon the circumstances of wind and tide, the
condition of the vessel she had in tow, and other circum-
stances. But, in his opinion, this steamer having seen
the schooner cross her bows about a cable and a half's
length in front, she must have been aware of the spot at
which that schooner put about, in so narrow a channel,
and he thought it was the duty of the steamer not to go
into the course that she should have known the schooner
must take. Now, the only doubt on his mind had been
whether the fault might not be attributed to the pilot.
It seemed to him in all probability, that the pilot of the
Oceana would have been justified, nay, have been called
upon to have moderated the speed of the steamer, but be
thought on consideration he was relieved from the diffi-
culty that that view of the case suggested, by recollecting
that the orders of the pilot were given and not obeyed by
the steamer. It was said that the persons on board of
the steamer could not hear distinctly, in consequence of
the freshness of the breeze, the commands of the pilot ;
but he had it in evidence that the commands were given—
that the pilot ran forward, and hailed the steamer to give
way and pass astern the schooner. Now, either the per-
sons on board the steamer were negligent in not attending
to that order given by the pilot, or they had disobeyed it.
•In either case they were responsible. It was dear in all
cases, that although the responsibility was first on the
pilot, yet that responsibility might shift to the masters or
crew who failed to attend to his orders. He was not
prepared to say that a steamer was to be considered as
always going free, and that it was bound, when it had a
vessel in tow, to give way to a sailing vessel, but he was
not without authority for the opinion he had expressed,
because he found that in the case of the• Bartlett against the
Europa, it was distinctly laid down that a vessel keeping her
course, as in this case the schooner did, was only bound to
keep-hercourse without watching what else was coming ; she
had a right to expect that a steamer would avoid and give
way for her, and if it did not the steamer must be held.
responsible for any consequent damage.—Mr. Hull, soli-
citor, said- his Honour's observations were very important,
as they were likely to come into collision with the usual
practice of the pilots here. The Liverpool, pilots at pre-
sent
acted on a notice to the following effect, issued to
them by the• Pilots' Committee :—" As steam vessels may
be considered in the light of vessels navigating with fair
wind, they should give way to sailing vessels-on a wind on
either tack. It only becomes necessary to provide a rule
for their meeting other vessels when at large." The Li-
verpool
pilots construed that rule that steam vessels under
all circumstances should be treated as vessels with a fair
wind.—His Honour thought that rule must apply only. to
steamvessels when-not cumbered with a vessel in tow. The
opinion of Dr.Lushington,-in a case which he had referred to,
was as follows : It was to be found in the Kingston-by-Sea,
3 Robinson, Admiralty case, page 152 :'—" Gentlemen, it
has been urged in. the argument that, as a steamer is
always to be considered as having the wind free, the con-
sideration applies whether she has another vessel in tow
or not. To that proposition I cannot accede. It is•true, a
steamer is considered-always to have the wind free, but it
does not, in my opinion, follow that a steamer having a
merchant-ship in tow. is always free. That will depend, I
conceive, upon the state of the wind and weather, the
direction in which the' steamer is towing, and the nature
of the impediments she may meet in her course." His
Honour said he thought; under the peculiar circumstances
of this case, that whemthe schooner passed in front of the
bow, and was known to-have a given point, at which, from
the narrowness of the Channel, she must put about, the
steamer was bound to moderate her rate, if she did not pay
strict watchfulness to the orders of the pilot. He was-not
prepared, however, to go so far as the case in the House of
Lords of the Bartlett and Europa, that a steamer should
be able to stop at her own length. He took it, that what
their lordships meant to:say was, that at whatever rate a
vessel was going, she ought so to regulate her speed as ,to
be able to stop at a fair distance at which she could-see
danger a-head. The verdict must be for the plaintifS; at
the same time he should like to have his opinion confirmed
by a jury composed of men of nautical experience, and he
should grant to the defendants a new trial on Thursday
next, provided they were willing to pay the costs, and
appeal to a jury.—It was' intimated that they should take
that course.—The court case soon after three o'clock.

THE Ia.rstTANIA, Sorih• American and General Steam
Navigation Company's screw-steamer, will take her de-
parture on he: first voyage to the Brazils, on Thursday
next, with a full cargo• and a fair number of passengers.
THE EUROPA, British. and North American royal mail
steam-ship, Shannon, commander, saned from the niersey
at 11.40 a.m., on Saturday, with the usual mails and a
large number of passengers.
ABSCONDED.—About a fortnight ago, a young man in
the employ of tho London and North Western Railway
Company, in this town, named George Kirkby, absconded
with about £1,500 belonging to the company. A. reward
of £2OO has been offeredlor his apprehension.
SOUTIE.WESTERN RAILWAY.—The question of this
Company extending their line from Dorchester to, Exeter,
was submitted last week to a poll of the shareholders,
which resulted as follows :
For the extension 13,811
Against it 13,014.
Majority against
BrruivEn TO DEA,Tll.—Yesterday an • inquest was held
before Mr. Curry, the coroner, on the body of Mary Ann
Ratty, a little girl about four years of age,, whose parents
reside. at Mersey View, in Bootle. On. Saturday week
she was putting some toys on the chimney-piece, when
her clothes.caught fire, and she was so severely burned as
to die- on. Saturday last.—Verdict, " accidental death."
CurxEs FOR. ST. PETER'S CHIIRCIL—It will be seen
by the list in. our adrertising columns that great progress
has been made• in the subscription for the restoration of
the chimes of St. Peter's Church. A larger sum is, how-
ever; required; and. it is hoped that those who have not yet
contributed will speedily do so, in order that the committee
may make arrangements for the object being effectually
carried out. It will not be the least interesting feature of
Liverpool when the chimes of St. Peter's church resume
their attractive melody. _ . _

THE MA.HGABET Di&NB.—Owing to the prevalence of
the easterly winds keeping back the- Aides, it was found
necessary to defer the launching of this ship from Satur-
day last to Wednesday, the 30th instant, when the water
will be sufficiently high to ensure-the safe launching of
this beautiful vessel, when she will, be taken at once into
dock, and receive cargo for the Brazils. Of course, there •
was considerable disappointment experienced by the delay,.
but the vessel will now be launched A the time stated,,
namely, the 30th instant, at twee'clock.
ACCIDENT AT THB AMPHIT.REATRE.--A few minute&
before the commencement of the performances at the
Amphitheatre on Saturday, a young man, named Connolly,
who was in the gallery with his sister, fell over into- the
pit, alighting on one of the forms. The house was nearly
filled at the time, but, although the distance he fell is.v.ery
considerable, sustained no. external injury. In a few
minutes he again entered the theatre, and witnessed the
performances.
THE BLACKBURN BOLDER EXPLOSION.—The inquest
terminated on Friday. The Coroner, in addressing the
jury, said, " The awful circumstances of the occasion
imposed upon them a serious responsibility, for without a
full investigation public anxiety could not be. satisfied.
With respect to the responsibility of the employer, he
said he considered that, as the master generally left the
management of his machinery to some person whom he
might consider competent, he agreed to some. extent with
the argument of Mr. Backhouse, that the person so en-
trusted was to a great extent the responsible party." He
then proceeded to read over the voluminous evidence, com-
menting upon the statements of the various witnesses.
The Coroner finished his summing up, at nine o'clock,
when the jury retired to consider their verdict. At twenty-
five minutes past ten o'clock the jury returned into court,
and, on answering to their names, delivered the following
verdict:—" The jury find a verdict of `Manslaughter'
against William Hesketh and Edward Sharpies, con-
jointly, relating to the death of Edward Sharpies and
others, caused by the explosion of a steamboiler under
their care, in Starkie-street. The jury entirely exonerate
Mr. James Pickop from all blame. The jury recommend
the inspection of boilers, and suggest that the mayor call
a meeting of the millowners and proprietors of steam-
boilers of Blackburn to consider the matter as early as
convenient." The court then broke up, Mr. Iresketh
being given into the custody of the police to await his
trial at the next Liverpool assizes.
ALLEGED ROBBERY GP £1,200.—0n Saturday informa-
tion was given at the police-office by Peter Ball, of 7,
Wilton-street, who keeps a fruiterer's stall in St. John's
market, that his house had been broken into, a box forced
open, and £l2OO stolen therefrom. Ball stated that the
sum was all in Victoria sovereigns, some wrapped up in
brown paper, more in writing paper, and that it was made
up in twelve parcels, each containing 100 sovereigns. He
' also stated that an entrance had been effected into his
house by parties getting over the back wall, into the yard,
then breaking a square of glass, and by this means raising
the window, and getting into the house. The money
was stated to be in a box, the lock of which was picked,
and the contents carried off. Some bundles of wearing
apparel were also found tied up, but not removed, and the
robbery was stated to haste been committed during the
absence of Ball's daughter, who had left the house at six
o'clock to take her father and mother's tea to the market.
She returned home about seven o'clock, and then found
that the robbery had been committed. Immediately on
information of the robbery being given, several of the
detective officers metre despatched to the scene of the
alleged robbery. A critical examination of the premises
at once satisfied the officers that professional thieves had
nothing whatever to do with the robbery ; and if robbery
there had been, it must have been committed by some one
belonging to Ball's household. This surmise was con-
firmed by the fact that the window by which the entrance
was alleged to be effected had been broken from the in-
side, the glass falling outwards rather than inwards, which
would have been the case had the window been broken
from the outside. A minute search was then instituted,
a sum of £3OO in sovereigns was found concealed in a
cradle, and after a further search an additional sum of
£OO was found in the ashpit, making altogether £3OO.
From inquiries instituted by the officers it was then ascer-
tained that Ball and his wife had had a dispute in the
early part of the week, and from the nature of Mrs. Ball's
remarks they were led to believe that no robbery had
taken place, unless she and her daughter were parties to
it. It is also believed that the sum actually taken is far
below the amount stated by Ball to have be( n taken from
the box,