The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-17

THE New HAVEN STEAMBOAT AND TRANSPORT
ToN COMPANY VS.. CORNELIUS VANDERBILT This
was aclen on the case for damage to the steam.
boat Belle by collision with the steamer New Ha
ven, commanded by Captain Joel Stone. The trial
lasted the greater part of three days. The circum
stances of the were detailed at length to the
jury.
The declaration was dated the 9th of June the
collision took place on the evening OF the 9Th,
about O'Clock 1t appeared from the testimony
that the night very dark and foggy, and the
New Haven was ahead for greater part OF the dis
| lance from New York that she was Obliged to pro-
coed very slowly in consequence OF the fog, and
that the Belle passed her unobserved in the fog,
lew miles below the city. Some few witnesses STA
ted that they saw the lights. OF the steamers when
at the end of the pier, bat the weight OF testimony
a few feet of the wharf, when the people cheefed,
and the bell was rung, and rockets sent up In reply
The New Haven followed in a few moments The
Captain not knowing the Belle had got ln steered
pass. ~
When the rocket went up, the New Haven was
within two or three boat lengths OF the Belle, steer
ing directly towards her. Captain Stone perceived
the danger and instantly rang the signal be to back
This signal the engineer mlstook, and the wheels
made one or two revolutions forward. captain ,
instantly sprang to the scuttle and called out, fo
Gods sake back the boat IL was TOO hte. IN
moment the New Haven struck the broadside OF the
Belle, tearing her wheel house, breaking the wheel,
| and seriously damaging her.
A few weeks alter the collision the shaft OF the
| Belle broke it was claimed, in consequence ct tins
| injury. This, however, was scarcely supported D,
the testimony. 1t also appeared that Capt; ston.
used all the caution in coming up the SOUND and II
making the wharf that could be required OF the mos
| prudent captain. His general character as steam
boat captain, for prudence, caution and ability, IL
the language of a Witness was second TO none.
An attempt was made on the part OF the defe nee
to show that at the time of the injury the New Ha.
ven was chartered to David p Allen, the son-in-law
of Vanderbilt, and a charter party conveying IN,
boat 10 Allen for months from the 10Th Decem
ber 1871, and renewed for six months further, wa
read in evidence. A deposition OF Mr. Allen wa
also read confirming his ownership. On the oheI
hand ii was shown that CaptaiH Vanderbilt hIred
the Captain, Engineer, and some OF the hands, tina
he suffered the Captain 10 oct as his agent, and exc
cuted other acts Of ownership during the continu
apce of the alleged charter party.
The case was submitted TO the jury on Thursday
evening, and yesterday afternoon they came In
with n verdict OF $500 for the plaintiffs.
The Judge said he thought 1t too much, that tht
Jury must have take into their estimate me pneak
ing of the shaft or the detention OF the boat lhey
should not have done either. The first ne did MOI
think proved by the testimony; the other was OF 700
uncertain nature to be taken into an estimate OF
damages He therefore refused 10 receive the yer
dict, and told the jury to think OF 1t again.
This morning the jury came IN with another YER
dict of 1915 damages and costs, which was &C.
copied by the Court. ~ ,,r
II S. Baldwin and II. l. lagersoll for Plaintiffs
d Kimberly and c. A. lngersoll tor Defendant
Ne,c Haven Herald, lltb