New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-17

II. :. DIsIRIcr COURr.-Decision by
Judge Judson-RuLEs OF THE SEA Il H. Seaoury
ana another against hobart and John "drd -Sut TOT
collision brought by the owners OF the schooner IN
dastry against the owners of the schooner Thomas
Martin The Industry was from Norfolk, WIN
cargo OF corn. bound for New bedford' ana tne
Thomas Martln was IN ballast, oound from new
Nak 10 Norfolk. They met on the coast OF new
Jersey, of Great Egg Harbor the general course OF
which coast is southwesterly and notthwestefiy.
The vessels came in collision about O'Clock IN the
evening of la,h of Nav, Isi9 by which the Industry
struck on the lee side, and SO much injured that
the sunk III about ten minutes Inc industiy ear
fied hight, which was seen by the Thomas Martin,
but The Thomas Martin had no hight and the Coust
thought was not dark on that coast as to require
light and that there was no sufficient proofto
establish custom or law to carry ahght on that
coast unless the nigh. was dark or the vessel was
anchor.
The Court considers that the collision was caused
By the Industry putting her helm hard down by
which she was thrown across the bows OF the THOMAS
Martin, instead OF putting the helm TO port when
she would have gone to the night OF the Thomas
Martin and clear o. her
The Rules OF Navigation, the Cont said, have
been recently revised by the L !. supreme Court IN
Adhesion in the case Of 50. John, claimant OF the
steamboat Neptune, against Zeoulon \. Paine and
Others, 10 HowardS Rep So, Judge Nelson deliver
hg the opinion) The decision on this point, at P
ISL, SAYS:
"A vessel that has the wind tree sailing before
or with the wind must get out OF the way OF me vos
sci that is close hauled, or sailing by or aganStu
and the vessel ON the starboard tack has rlght 10
keep her course aud the one on the iatboard tack
must give way be weraoe for the consequences
so when two vessels are approaching each otnet,
ooih having the wind iree, ana consequently tae
power OF readily controlling their movements, me
vessel on the larooard tack must give way, ana each
pass to the right, The same rule governs vessels
sailing on the wind, and approaching each other,
whenn is doubtful which Is TO wintward."
The Court considers the Industry, IN putting hei
helm hard down instead OF a-port, was IN itlt ahu
The suit for damage cannot be maintained. Aoci
cxmlssed
Supreme CouRr-S special Term
Before Jucge Mitchell --PRocgEDINS FOR AIlNoNY.-
John j. SrroHii agst Mary Augase4 SgrouV.-ln a
suit for divorce, motion was made FOR almony, and
decision entered, ou, the motion subsequently, refer
red, 10 take proof as 10 ability OF plaintiff &c. The
SepoIt VAS brought IN on Saturday and motion made
that II he confirmed, which was opposed by Robert
II. Morris. Esq for defense. II is case he said,
where the wife left her husband aud the decisions
are that when woman ahandons her home the
husband is not liable for her maintenance. Il Is
charged thet defendant did 50 in this cascthat IN
July, 1851 she ieft her husbands house, where she
had three children, taking with he tae Youngest IN
company With person named, and went % a board
ing house IN Brooklyn, procured for her BY The said
psrty-that as early as Nov. or Dec, 1850 plaintiff
directed the said party lNho boarded with pliintihs
family to leave the house, whica direction was
obeyed, bu, plaintiffs business called him afterward
TO go South and he left his wife and cai'Grcl with
Tie requisite domeSrcs al his hcuse-t'at atsr
pialntn had gone South, The snu party is'utaeu 20
~
so or uesx the period of plaintiffs return to his
house IN June, lsji-that said Seiendant subsequent
len, sc and Is now (at the time oi the compialIJ
h.ng With the said party al Auburn.
~ NJ taid they charge that she lei. her none,
and further tina, Immediately AFTER she LETT, the ,ld
psslhM caused an agent TO call upon the sall Ie-
senoahi at The house IN Brooklyn whefe sac "ss. .
Shc ry TO induce her 10 return, aut iaat p.a'Atsi
woalc support her as he had hitherto eoae' aal
would bot live with her she so wished, Dor ne
ioaa co sr,thing she might request IL sac "ou'i
.ssse the SAID party and return 20 her home, ana
at!se .ald agent urged her 10 DO 80, bu' she re-
MI Nj cited a case in which a wife ,ef, her nus
Saho and went home, IN that case, 70 her ta,9er )
notse, AID the father afterward sued for a main
wnance and 1t was decided that the husband WAS
Cases
u Vas stated on the other hand, tia. this vas a
Sasfsus case, and the alegsi,2a. are tsaei