The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-06-12

UNITED STATES DISTRICT CoURT-Judge
McCafeb.-The Independent Toacboat Companu vs.
The Steamship Ohio-This case has been going on
in the above for the last three DAYS. and yes.
terday the arguments of counsel were listened to
with great patience. According to the petition of
the hbelants, it appears that the Independent
Tow boat Company was a private corporation es-
iab'ished in New Orleans, for the purpose of tow
ing boats from and 10 New Orleans, up and down
the Mississippi River. On the evening of the 22d
January, 1850, the iowboat Dana was taking the
bark Colonel Stanton TO sea, and near four O'Clock
IN The morning, at the Southwest Pass, about five
miles from the Balize, steamboat was observed
ascending on the west side, which proved to be the
Ohio steamship. The Diana was in the middle of
the Pass, and continued her course to place
called the Willows, at which point the Ohio struck
out into The middle of the river, if to cross over
to The other side and ran into the towboat, striking
her little forward of the ash-pan on the larboard
side, cutting her in two, and injurng the Colonel
Stanton, which was in tow, so that both vessels
sunk almost Immediately. By the coll ison, the
libelants had lost $50 900, the value of the tow
boat and tackle. and they prayed for damages, with
costs and legal interest
second suit was also instituted by Mr. C. M.
Rutherford owner of the ship Colonel Stanton,
against 'ie oiho, anu the petlliOn stated mat the
vessel was of $50 tons, and employed in the trade
between California and New Orleans, and the
cargo on board the vessel also belonged to him.
The value of the Colonel Stanton was 1874 900
the cargo Sl2 600, and the freight $4,000; in all,
$4,000; and this sum, he claimed, with costs.
In the answer to these petitions, the respond.
ents, Messrs. Law, Wetmore and Roberts, of New
York, owners of the Ohio, denied that she was
navigating the west side of the river, or that she
pushed out into the centre of the stream Both
cases were amalgamated, and argued together
The counsel for the libellants were Messrs Ben.
jamin and Micou, and Hunton and Bradford, and
for the respondents Messrs. Simonds Barton, SouI6
and Grymes.
Mr.. Hunton opened the pleadings, and briefly
recapuated the occurrence /; he argued that the
evidence proved that the Ohio was on The western
side of the stream, and quoted largely from the
evidence in support of his argument. He alluded
to the conflicting testimony given in the case, and
then said that the reasonable portion of the evidence
should guide TO the facts. He showed that from
the state of the navigation, that it was improbable
mat the Diana would try to go between the east
hank and the Ohio, as had been stated. He con-
tended that the majority of the witnesses called fol-
Inc respondent, and who had testified to the Ohio
being on the east side of the river, could not be
certain OF 1t, because they only saw her after the
collision. He thought the witnesses were mis-.
taken, and he thought so because il was in proof
just previous TO the collision, the pilot had said
Lei ner go 10 the east side, and am right"
Mr. slmonds, for the respondents, followed, and
endeavored to show that the Ohio was on the cas-,