The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-12
IN ADMIRALTY.
Before Iudr- Rata


ssrr II -Joha Ysn Pen os the S'ear,s~st Nisesrs.-
Her tacke-Coitisos Gaze rhs libsl Ia this
Worce,trr Railroad ompaDy to recover com
for dsmsg-s occasional To the steamboat cleopatra
Comuany. by reason of collision which happened be-
tween The vessels the s0th day OF Decsmber ls47.
II .as alleged that the leopstra was vessel Of 900
tons or fhrreahus. and GU the day Of the orlii
sion. we'll found and ged sBd sufficiently provided
with tackle, sc and engaged in he business OF
carry ing psss-tgerr and freight the ports Of
New York and Norwich in connection with thu RAFT
r. ad belonging 10 the laid compa1y aud with other
s.snhoars Witch formed the line OF conveyance bs-
tween the citi~s Of Boston and Np~ York aud known
Of the Norwich aud Worcester Railroad Line. On the
morning Of tn, soth of D-c.n.b.r at anartsr before
seven o'clock the steamboat i-opntrn WAS returning
on her trip from NorSch tn her berth At pier No. 1
Nor'b River In the hsrhor Of New York with large
her OF passengers AID large amount OF freight,
hs de-. Rfull compemeD of hands to navSats her The
rs'd st"suboat Niagara. which then eng ,ged in
Transporting pasepg.rs aud freight {, bridgeport in
the State OF C"pDrcticut In coon-oiioo Wit the Hon.
sstonic Railroad and, nj tn. hour above menti ,nel,
left her moorirgs the foot OF MARKET street Fast
River bound tn Bridgeport and when about abreast
OF the foot Of Grand seet la the Eat River, met tue
stem host eopatrs her return trip from Nor wich
and although as plaintiff alleges there abundance
of the star board eide. where It tue Niaga
rs duty TO have to have passed clear 81 the
Cleopatra the captain aud crew OF the Niagara at
tempted TO tho bows Of the Cleopatra, TO take
the inside 81 her. In doing which. they rsn the
Niagara with great force and Violence foul OF
the Ileopntrs. struck her for~ard Of her lar
board Wheel broke and carried away said wheel
broke her large iron crank ard carried away
Q large portion Of her bul~arks railing. aud
stsDrhiops. and otherwse greatly damagsd her
ara nrr nschinsry. 20 murn so that shs mad 70 De
tov I'd TO the foundry fer repairs; her engine being
rendered ell rs b, the collision and -ad damages had
t. he repaired with all possible de%pA OH ut OF
81 200, which together with the dsmagcs sustained by
The company for loss OF time aud of said stesm
b'st. v"rcs paid 10 the crew loss of freight &c
amount in The whole to $4,000 for which suiS Il
brought. The pondepts NIT their aoswer to the
libel md admitted that the Mag on the 30th
n,etiop Nth tho H%u' a,cn,e R",lroaa AID that on
that morning che left her berth NJ the pier at the foot
OF Market street East River, hound to Bridgeport,
through the Sound AND that about seven o'clock in
the morning ths met the Cleopstra coming down,
h,urd 10 New York in an opposite direction to which
the Niagara was going; but denied that IL vas the
duty Of The captain to go outsids. or k-ep the star
beard ride that the captain aud OF the Niagara
stts pied To- the 81 the C.opatra and take
the IL side Of her thai they foul OF herr but
mite that IN. Niagara came In collision with the
Cleopatra with copsid. rsble force and voeucc bat
that through the fault aud want OF skill Of the
persons on board navigating the Cleopatra sho having,
by keeping cloe the Ns~ York shore left her proper
course IL heiug the duty OF those board to have
kept her on from the New York shore and Get into
the tide which st the time running ebb and there
by avoid the EDDY THAT the cleopatra previous to the
raid collision close Into the New York shore
o. the Niagara but brought nearer TO II previous
to the collision, by unskilful aud sDlibe
change la her cour.e tending TO bring her directly
the bows and eoure 81 the Niagara aud far
from keeping to the right Of oil other boats as stated In
the h.l sbr pared tho ontside OF the steamboat
Traveller going In the direction With tn, Nisgars
and short di,fsnrs shrad leaving the Traveller inside
between Der and the New York shore. IL was further
alleged in the that the Cleopatra In passing the
Tisveler hid by that boat from the p~r--ns nsvi-
eating the Nisgsra and when shc In sight again
u vas ~ already stated, observed that she hal changed
her tn sheer the boss Of the Nigga
That upon observing this change In the Of
the Eiecpatrs the master OF the Niszs-s. having ne
rocm 10 'beer to III" eit put his helm hard port 20
s 70 sheer out into the stream and 1t the time
urR to so~ the engine and the boats after
toaefher side by eide each beading In aoontrary drec
tim spd that proper Effort ~ss made to avoid tho
collision by tbos~ board the cleopatra, by so wing
her engine ofberwse: and that n such efforts
made either no collision would have occurred or at
events the damage would have been trinlnz Ad
joprpsd
George A. Trundy, bruce Nicholson and Frederick
Kr app, we're arraignsd this morning In the u. Dis
tict Court aud Irsded not guilty Trundy ts indiot-
20 for cruel end UNUSUAL punishmnns aud Nicholson
and Knapp for larceny.