New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-11
PHILADELPHIA.
Fatal Accident Opinion of Judge Kane In
the late Collision Case.
II he Til


PHILADELPHIA, Friday, January 10.
Last evening. Samuel Irwin, aged so years.
was instantly killed on the old York Road near
this city, in consequence of his team running over
him. His body was crushed in horrible manner
At the time Of the occurrence Irwin was intoxi-
Gated. The deceased lived at Jenkinstown, was
employed by Mr. Fisher as teamster, and has left
q wife and child.
This morning Catharine Bonner and John Len
non were held to bail in $1,000 and Biddy Camp
bell in $50, to answer the charge of rescuing
prisoner from police officer yesterday.
Yesterday young woman named Susan Sla-
YER. was arrested charged with cruelty beating
poor sick woman, named Mrs. Cook, while she
was in bed at her residence, rear OF Twelfth and
Marketsts. Susan was held to bail for further
hearing.
AT an early hour this morning, Robert Shannon,
alias Shermer, arrested while attempting
burglariously, to enter the house of Thomas Sla-
ter, corner Of Seventh and Walnut SITS. He has
been held in $500 to answer.
Sarah Briggs was arrested In Southwark yes
terday, charged with larceny. She was held to
bail.
The remains of Stephen Girard have been re.
moved to Girard College, to be finally deposited
there, beneath a splendid monument
The following is the important opinion of Judge
Kane of the United States District Court, in
collision case:
ADMIRALTY January, 1851.
COLLISION Wlson, ct al vs.. The EHvOy--There is
no need of discussing the conflicting evidence OF this
in order to decide the conceded facts are quite enough
secuon-scow made up OF two rectangular boxes held
together by shifting hinge was bringing some sixty tans
steamug and according to the repehensibe practice OF
she cast adrfI In the udeway with
toward the shore Utterly unable 20 take care OF
herself driven by the tide and wind against the
ship Envoy, and sunk. Her owners claim damages, be-
would at least have fatal If theI had not
encountered the ukes Of the Enjoys anchor which was
hanging from her bow below the water as they CONTEND
Improperly
The respondents controvert both fact and inference
They say the Envoy was about 10 shh her position at tho
WHAT and had raised her anchor for that purpose but that
under water though Il might have been 90 with
out controyening either law or usage and tna waenor
II was so or not the could not have escaped desuc
ton from the collision, which her management or want OF
managementinyited.
In cases Of this sort has convinced abundanty.
heavily laden like this, driven By tide and wind,
must 20 70 bottom almost as matter OF course sno
comes against the bows Of ship anchor But my de-
cree viii not that ground hold 70 be the law,
that vessel which purposey thrown adr In acrowded
stands her against the hazards Of
collision The principle, which requires OF every vessel
thai She shall use her efforts TO avoid running foul OF
another has It's very Illustration Ia utsucha case
this. ,-L, ,,..
hans be question OF difficulty thou Oh 70 which no evil
dence has been Addressed whether the custom Of carrying
the anchor qtrp Is asserted the Enjoys was instead
OF eating it. Is seamanke and lawful For do not
nnc ersand the admiralty rule that when both parties
10 blame they shall bear the damages jointly as having sp
az which that rule Is predicaed to be such in
duces or contributes tina collision do not suppose TO
be the law that the party aggessor can be admitted 70 et
of AGAINST The wrong he has done 10 another the injuries
which consequent on It TO himself nor even 10 claim
sort ofhotchp usment OF the two sets OF grievances
because be would have suffered less II the party assaed
had cOnfOTmed more exactly 70 rules
therefore dismiss the libel, with costs regarding t1e
Ibeants a. the party causing the COLLISION and the mode
of carving the respondents anchor, even improper as
contributing only incidentally 10 the damage Wnich inc
hbelants have brought on themselves.
9Th January, 1851. Per cur Decree accordingly
Dirtier sire cts than we now have, Philadelphia
has never been afflicted with
CorroN Ia held firmly and the stock Is much reduced
Bales OF $50 bales at IA ID for Upland and l6G54e
for Upland and HewOrleans 10 bREADs1Uffs mere n~
been but little doing Common shipping FLOUR 10 bed al
81 62i bb without finding purchasers Inere fsnsa
as 50 for common and extra brands In hYE FLOUR ana
CORN MEAL transactions have been reported Inc mar
bet for GsAIS has been Ve 9G 1oI, A Red
S62 and White at O90i H. The last order OF hfE was
al 7Oc bush In Corn saes have come under our no"
ice The market Is nearly bare Of OATS, and they are
wanted Sales Of 500 bushels prime Pennsyyaaa In store,
al 4sc per bush In GROCERIES not much doing About
100 hhds HewOresns SUGAR sold al full rates WHISKY
Small sales Of barrels a nc and hhds At 25d l5fc-
SALES OF sTocKs-F1st Board LEO Union Cansl, ~
$50 de- las Penn RR, 4St 1900 Sch Nav e. %, 81
l5s Girsrd Bank, iSs; $500 &c. '61 iIet sS@ s
IS, 6 Camden and Amboy RR 1854 e4oOo state es 20
$3.50 do SO, III lOe Reading RI 81 100 Isgsn H. ~
81 $3.50 Lshigh o., 70 Florence Guy 90 81 - a.. n
chanics' Bank 3si Philadelphia Bank, a. 100 Ale
gheuy Goa, p T; 4 Commercial Bank Oh hsfrlsoIg
RR q 80 North American Coal, III $3.50 ieSasS w h
cent BeHds l'sgsfre 50 50 PenS , Ssgs o.
10 ls0 Union Canal ~ 5000 PlIsbqrg e ~ siSc
oo Sch Nav e. a 4Ot 30 Se or IS Pena Bank s
g. Spring Garden g. '6e, el 80 * sIlsgbsnv Col
6s(Csyders Is 100 Reading k go :, 4 ~ SG1
az s. $50 City &C. n, oei s. 90 O0-nS D. =" iva