The Statesman.
London, England, 1821-11-23 00:00:00

" T 114) Cerise for Wilde HAMPDEN fell in 'file /MK SYDNEY died en the Beeilbldr

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JURY COURT, EDINBURGH, .Yor. 19.

LOSS OF THE PEGGY. OF ABERDEEN.

•
'LEVIS AND °VMS, V. PARIS AID STIVIIIN.
This was a cause for the recovery of damages by the
owners of the sloop Peggy, which was lost in February
or March,. 1818, in consequence of being struck by
the Three &admits of Arbroath, against the owners of
which ties.) the actioir was mow brought.
Ma. Cocas:Uzi( and Mt. Mitotarm appeared eel
Counsel for the prosetitiod, hit 'no one attended for
the defence. Models of the two risers were placed ea
the table, fOr the purpose of describing the courses of
the vessels at the period of collision.
Mr. Cocanuax, before entering upon his ease,
plied to the Court. for permission to substitiste Captain
Thomson, R.N. a gentleman of nautical experience,:
in the room of Capt. Bailey, one of the gentlemeaj
summoned for the purpose of instructing the Airy'
respecting the regulations and customs of the iressei
bat who had been disabled from attentling..Permisaleu •
was granted.
Mr. COCKBURN then stated to the %fury, that be at.
tended on behalf of the pursuers, who were owners of
the sloop Peggy of Aberdeen, and by whom the present I
action was brought, in order to recover the damages
incurred by the loss of their vessel, from Memos. George
Paris and Robert &leen, the owners of the sloop Three
Brothers, of Arbroath, by the improper eonduct of
wads siaop,os isosimasii prore„sho IMO of tholkegtry
was reccmieued. The linesseuseee might be thus We"'
stated :—Some time in the month of February ISIS, the
sloop Peggy sailed with. coals from Sunderland, for
Aberdeen, and while on her passage, was struck by the,
other vessel, when off the Scares, on the coast of Nov6l
thumberland, at a time when, though it was night, the'
weather was sufficiently clear for one ship to distinguish
another at some distance. Now, out of the eircumstaamil
which would be detailed in evidence, the case which IWO
Jury bad to decide was,—fast, whether or no the
siert, which it was admitted took place, arose from the
fault of the master or crew of the Three Brothers; to
ascertain which, the following question was to be asked :
—What was the cause of the collision ? Then they
would have to inquire, what was the damage sustained,
with a view to remunerate the pursuers in pounds, shil-
Hags, and pence. lint the main inquiry was, as to the
cause of the accident:: and, to assist the Jury in deter.,
mining this, they would have the benefit of able and ex.
Il
palmed nautical information front the gentleman Was
had been summoned for that sole purpose. The facts,
which be bad to prove were as follow :—The two vessels'
were sailing on the east coast of England, and, at the
time they approached each other, both were on the tack,
as it is called. The Peggy was making sonth, with a'
very considerable west wind. The Three Brothers was
sailing northward, and being to leeward of the Peggy. •
When the accident happened, it was a night which,
thought it might commonly be called dark, was
yet so clear as to enable a ship's company, if upon
deck, to descry a vessel at the distance of three hun-
dred yards. The Three Brothers was in fact seen at
about this distance, and hailed by James Anderson, the
mate of the watch on board the Peggy, so loudly as to
awaken every person on board of his own ship, and
therefore surely loud enough to be heard by a vessel at
a considerable distance to leeward. She did not, how-
ever, steer clear, and the coll;siors in consequence took
place. Now, he maintained, in the first place, that
it was the duty of the Three Brothers, she being
to leeward, to have got out of the way. In the se-
cowl place, be would prove that the Peggy could not
have steered clear; if she had steered to lee, she would
have been immediately npon the Three Brothers; and
if she could have borne up to windward, she would have
been upon the rocks. On the contrary, every thing
was favourable for the Brothers to go to leeward, the
other vessel being already to windward of her, and there
being only the open sea on her lee. Navigation, it would
he found, had its laws and regulations, and had in that
respect been compared to a Isizb way, on which cus•
tom had established certain practices for the conve-
nience of those who travel ; as, when two carriages
meet, it is the duty of each invariably to keep to the
left, and one dr:Ter would as soar think of passing
on the right, as a rider would think of facing the tail
of his horse. In like manner, according to the prar-
lice on the high seas, a vessel to leeward of another
must, on approaching her, give war, or " keep her
wind," as the phrase is ; therefore, he contended, that
the fault-was in the obstinacy or negligence of th
'Mee Brothers, which produced that collision, the et.
frets of whit,* he would now explain. It had been a
goesti:.n in the defences, whether or no te ce.sel
hot be shivold call some of thewmariners of
the Bramhy, by which vessel the crew of the Peggy
were taken up, to prove, the: alth obit the) ui. nut

se* the latter vessel sink in the water, inch by loch,,
yet that. on the sent morning when they were na-
turally looking out for the wreck. they saw quite sof-
' faleot of her to contince them that she did in' fact af-

terwards go down. The value of the sloop was aboutl
3201.; her eargo of coals was estimated at 371.10,. 9d.;
and her-freight at 391. ; the to►al of the actual net
less beim.; upwards of 377/., supposing the ■ionet, to
have been paid down on the day after the Itecitient ;
bet it was a material soluideratiOn', that the pursuers

bad been depriped of their money ever since February
March, IBIS, when the accident occurred, to the
rawest time:—'l'bry would racily he able to calculate
thenalud of this vessel for three years, *ben the'
freight of one voyage, which might be performed in a
meath, amounted to 301.; but even by the lowest and
simplest scale of calculation, that of common interest,
tier wooki find that their estinsate of 5001. was not
esteeistsw. Therefore, the damages bad not been put
in at ratlorn, as was ordinarily the case, but according
to as atbrate means of computation. There were no
defenders here this day, because they knew that they
had no lase to make out. tie proposed to lead evi-
dence, Gist, as to the collision ; next, as to the vessel's
going down ; and then, as to the damage incnrred.
Willies Cormick, who commanded the Peggy when
the accident happened, being now on a voyage as a
mate of another vessel, his depositlop was received in
evidence. It set forth, among other things, that on
the occasion In question he beard the twee Brothers
balled by James Anderson, of the Peggy, about two
minutes before the vessel struck ; and it also described

the injuries occasioned by the collision, among which
was, that James Anderson, in endeavouring to ease off
the Brothers, fell overboard between the two vessels,
by which accident he bad three of his ribs broken, and
was consequently disabled.
Jamas Anderson, above described, having since died,
his deposition was new tendered in evidence. Mr.
Cottnoitir, thought it right to state, that the deceased
bad only been etainised as to the truth of the protest
which is'nett* takes oat upon such occasions, and not
by the sinthotity of the Court of Admiralty.
The Court decided, that it was proper, especially in
the efieeace of the other party, to hear evidence as to
what Andenen said.
The Magistrate befOre whom the protest was admi.
aistered deposed, that he was present when Captain
Cormiek took a prUtest as to the loss of the sloop Peggy.
The protest was written by the witness. It was in fact
dictated byJames Anderson, w,ith his own mouth, whra
upon a sick bed, and !w(rnness) afterwards read it over
to him, in all of which he acquiesced. De also mem
tionedo.dsat hswas the watch upon deck whim the arci-
' rim *tuppence which h net stated in the protest. This
protest was then received id evidence.
James Reid, mate of the Peggy at the time of the
accident, described the event as it occurred. She was
lying to urns the starboard tpck, with her head to the
southward. The Brothers was upon the larboard tack,
with her head to the northward ; heard James Ander-
son hail the Brothers ; she, however, did not bear off,
bat came against them, tore away the ship's mainsail
altogether, and stove in her larboard quarters ; wit-
ness immediately jumped on board the brothers, think-
ing that the Peggy must go down in consequence of
the accident ; but did not learn, nor ask, the name of
the Brothers, until she arrived at Aberdeen. The
Peggy was is a sound state before the accident ; it was
impossible for her to get out of the way ; it was possible
for the ether vessel to steer clear, as the (the Peggy)
bad only hoisted three feet of their fore-stay-sail ; the
wind at the time was blowing fresh either from the
west or west by south. The weather was clear
enough fur the other vessel to be seen at a sufficient
distance that she might be hailed in time for her to
have got out of the way.
Thomas M 'Donald (one of the crew of the Peggy) had
been six years a sailor; the Peggy was perfectly sea-
-1 worthy before the accident ; this witness described the
positions of the vessels, and several other circumstances
as they were narrated by the preceding witness; the first
bailing of the Brothers was, he thinks, a few minutes,
perhaps five before she struck ; heard Captain Cormick
inquire the ether vessels name several times, but it was
never told ; James Reid went on board the Brothers,
and Anderson fell into the water, and cried for help ;
witness seized him by the hind part of his jacket, and
held him till the captain came to his assistance; it was
rowsitcy to go to the pump, and they continued to
work at that station until they were picked up by the
Bronsby the next morning; it was impossible for them
to keep the vessel any longer, it being a nigh sea, and
they bad been water-logged ever since the accident, and
never expected to keep her up au long as they did; the
accident occurred about twelve o'clock at night ; after
getting on board the Wallaby, lie did not luck out
for the Peggy, but went to bed, being overcome with
fatigue.
Captain Thompson, R. N., being sworn, and request.
ed, after cc bat he had heard, to deliver his opinion as to
the culpable cause of the accident, deposed that, accord-
ing to his belief, the Three Brothers might have got off
by her hoisting her foresail, when she was hailed ; I.e
was also of opinion, that the Peggy would have assisted
her if she bad hoisted her forssil ; but it was certainly
the duty of the Three Brothers, as being to leeward, to
bare steered clear of the Peggy.
Captain Wilson deposed, that, according to the rules
of the navy, not only was it the duty of the vessel to lee-
ward to bear up ; bat that had the Peggy borne up, she
wonld have made the matter still* worse, and, by vita
hating the rules, would have subjected heself to all the
damages which might have occurred.
Another ('aptain, whose name we did not heat,
also gave his opinion against the conduct of the Three

Brothers.
("login Colly, of the Bromby, picked np the crew of
the Peggy about 9 or 10 o'clock ono Npnalay morning,
being either the last flay of February or • \ Ist of Alarch,
lic kles.c.ibed the appearance of tile Peggy befac