The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-07-02
Important Marine Case.

losses In total cannot be far short OF ElOO,UU.
Important Marine Case.
ADMIRALTY COURT THE CHARLES BARTLETT VS..
TIE STEAMER RURoPA-CoLI.sIoS.
BEr0RE DIR. LusIIyGToN.
From the London Shipping Gazette, June Is
This was a cause OF damage promoted by the
master and owners Of the bark Charles bartlett,
sna ner rS SargSe e wn the the 9th June last The
bark, of the burthen of $50 TONS laden with iron,
lead, &c, and having on board one cabin passenger
and lo2 s'eerage passengers, was bound from Lon
don TO New York the steamer, of the burthsn Of
], 800 TONS with engines of 600 horse power, and
carrying the mails, was on her voyage from Hall
fax and United States, to Liverpool The proceed
and proof. The libel given in on Drnaif 90 ~.
Charles Bartlett, alleged that, on the day in ques
ton, she was in the track for outward and home
ward bound vessels passing TO and from America,
and at a great concentrating point for both !;
that in the afternoon there was dense fog,
and the bark was heading N. w. by N, close
hauled on the lsrboard tack, with all requi-
site sail set, and going four and a half to five
knots an hour that all work was suspended on
board, IN order TO keep a good lookout About
half past three o'clock, II. NJ, the wind being w.
by 8, and the sea smooth, in lat. so - N, and
long. ~ w, in the same parallel Of latitude with
Cape Clear, and 100 miles distant from il, the mas
ter heard rumbling noise TO windward, like dis
tan { thunder, and the crew saw the steamer, at a
distance Of 100 yards, steering l.. = E., one point
forward of the bark's beam, and going twelve
knots an hour The master Of the bark instantly
ordered the bell 10 be rupg, and the helm 10 be put
hard a-port. The bark fell OIL point and hall,
but the steamer having first starboarded and then
ported her helm, without stopping her engines,
came stem on into the bark, striking her abreast
the main shrouds, in consequence OF which she
sank in minute and half, and l36 Of the passen-
gers and crew were lost. The responsive allega-
ton brought in on behalf Of the Europa, admitted
that the accident occurred in the usual track for
steamers but alleged that II was two or three de-
grees to the north OF the usual track for iling
vessels. Ii denied that there was concentrating
point in the Atlantic, and alleged that the Europa,
IN the then state OF the weather, could not be seen
by the bark AT greater distance than from 80 TO
200 yards, but ayerred that the noise of the paddle
wheels might have been heard in the direction Of
the bark three or four miles, and that was owing
to some negligence that the bark was not thereby
warned Of the approach Of the steamer. IL fur
ther alledged that the bark having been
ported by the man on the forecastle, at the dis
lance Of from $50 to DO yards, the third mate
ordered the helm TO be starboarded, but in the
same breath, before the order was or could be
obeyed, he revoked II, and directed IL to be put
hard apo, which was instantly done. The en-
gines were ordered TO be stopped, but the order had
been anticipated by the engineers, and they were
out Of gear, so that before the collision the steam
er had come up TO the wiad point and half.
The Charles Bartlett was gong from tive and
half 10 six knots an hour, having all possible
sails set and had elected To fire guns, blow her
fog horn, or ring her bell at short intervals so that
those on board the steamer could be cognizant Of
her approach. The evidence adduced in support OF
these pleas was extremely voluminous, and in ma
ny respects exceedingly contradictory. The esii-
mated loss was $4,000.
DR.. LUSHrNGToy sad-In conjunction with the
gentlemen by whom ! am assisted, we have con-
sidered all the points in this which suggested
as necessary TO be determined, and ] trust that
there has been no omission az to any one Of them.
We have come unanimously TO the following de-
termlsation'-Ihat no rate OF sailing by steamers,
other vessels, can be said absolutely to be dan
gerous; but whether any given rate is dangerous or
not, must depend on the circumstances Of each in
dividual case, as the state of the weather, locality,
and other similar facts That the rate Of ~, knots
an hour, in dense fog, in the locality where this
occurrence took place, must be attended with more
risk than slower pace; but, assuming that II
might be accomplished with reasonable security,
and without probable risk TO other vessels, such
rate Of going could not be maintained with such
curity, except by taking every possible prccaution
against collision. That proper precaution was not
taken by the Europa-ls, she had not sufficient
lookout; I'd, we think that no proper arrangement
was made as TO the engines; 30, because no person
was placed to report to the engineers the orders
to the engines; 18th, because no second person was
placed in the wheel-house; 9TH, that the order TO
starboard the helm was erroneous We are Of
opinion that, ifproper precauon had been adopted,
the accident might have been avoided, and that the
collision took place for want Of the proper pre-
cautions With respect to the Charles Bartlett, we
are of opinion that good lookout was kept on
board; that she discovered the approach OF the
Europa az soon as circumstances would permit;
that she adopted all proper measures Ia avoid the
collision. by ringing the bell and putting the helm
TO port. Therefore, must pronounce against the
Europa in this case
MIR. RorHERy (the proctor for the Europa gave
notice OF appeal.
IIEM.EY's MAdNKro-ELECIRfc TEtEaRArH.-A
striking experiment has jsst been made under the
direction Of the French government, to test the
efficacy Of Mr.. Heney's magno- electric telegraph,
which is worked without batteries Of any kind, and
AZ a fraction Of the cost Of the Noltaic system.
The line Of railway assumed for the trial was that
from Paris TO Yslenciennes. At the Paris end the
director-in-chief Of telegraphs for the French GO