The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-09-18


original model seems to have been made by the de-
PENDANT, and ut his expense aud. indeed, his con-
nection with the model and with the hrst experiments
made with the pump, and the use Of 1t, down to the
application for apatent, all go to confirm his claim,
and to discredit the complainant to the invention.
There is doubt, think, upon the proofs but that
the complainant first suggested the idea Of making
an improved pump, superlo, TO those then in qse for
turned the attention ofhe defendent to the subject
and co-operated with him in advising its construc-
ton, and assisting in getting it up; and it is quite
probable that he was to be Interested in the inyen
tiontion when completed, and injustice may have
been done in excluding him from any participation
Of interes. in the patent But it pretty clear that
for time, at least, he was disposed toaward to the
defendant the whole credit ofthe Improvement, and
regarded himself in onnestion with it only rs his
friend and patron. This view reconcles most of the
apparently contradictory evidence in the case and
u.s. thiak, the just view OF it, and the one best sus
tanned. am Of opinion, therefore, that tho COM
plainant has failed to establish his claim to the pa
tent, and that the bill must be dismissed. Enter
rule accordingly, with costs.
APPEAL ON ADMIRALTY. james Stout AMI Others
Us. Steamboat Isaac Ne,ct0s. Judge
The libellants the of the schooner Fox,
offorty tons burthen, laden with cargo Of stone.
She was on her passage from Stoney Point, on the
North river, to South river, N. j., and the 9th
March, 1913, about eight P. M. of that day, was
pursuing her course down the North river, and had
reached point little below Yonkers, and near
the middle oil the river, the steam boat Isaac New
ton at the time coming up the river the east side
in direction TO clear her, and to make further
the Fox steered more westwaed but the steamboat,
when only short distance from her, stored out of
her course and directly towards the Fox,
and ran into her. cutting her through to the hatch
way, when she instantly sunk, carrying down with
her Mr. Saven one of the crew. This the substance
Of the statement Of the libel. The answer states,
the steamboat, when below Yonkers, going up the
river about the middle of the deep water, the Fox
coming down before the wind with strong ebb tide,
and so far eastward of the course of the Steamboat
IN hnya rlas al on n " Ia hart
If she had kept her course, suddenly changed it
when but short distance FROM the steamboat to
westward; when the latter, in order TO avoid her,
steered still further west, to open her lights to
enable the Fox to her course but that the Fox
through the fault of the MASTER steered still further
westward, and just before the collision occurred,
was changed still further west, and nearly the
river, ana crossSise, IN front of the steamboats, and
in that position was struck, and sunk The evidence
in the case, usual in collision cases, is contradc
tory and the II aster of the
Fox. who was on the lookout a. the time, sustain
ing the statement of the libel; and Sherman,
the pilot OF the steamboat, that of the answer.
There were three persons on board the Fox, at the
time, besides the master William, his son, who
was al the helm; Springfield, boy about ele-
ven years old, and Slaven. the hand drowned The
Is the only witness board best los the aster,
that was examined. His testimony is not.yery ma
teral either way. Weatherwax, King, and Jessup,
besides Sherman the pilot, on the part of the steam
boat, and who witnessed the collision, have been
examined and concur substantially in the statement
OF the pilot Besides these, there four witnesses
who we're on board other vessels in the vicinity of
the collision, and witnessed it, aud whose testimony,
under the circumstances, is very material, besides
being exempt from the natural bias of witnesses be-
longing to tho vessels Immediately concerned.
Three Of them were on board the sloop Samsondale,
coming down tho river, and which had passed the
Fox, between her and the eastern shoce, q few mi
nutes before the accident The other the master
of the sloop Margaret lying at anchor about mile
below Yonkers, and within two or three hundred
yards of the east shore. All these witnesses concur
that the steamboat was coming up the river on the
east shore, nearly IN q range with the Margaret,
while lying thus at anchor, until she reached within
short distance of her, when the sheeIed and passed
her to the west, and took about north west
course, and pursued it till the collision happened
At this time, the Fox must have been from two to
three hundred yards west of the Margaret, and Of
course the Fame distance west of the steamboat,
when she took the sheer west, and not over six or
seven hundred yards ahead Of her. The witnesses
board the Samsondale say that the Fox was from
two to three hundred yards off west at the time the
steamboat passed her, and about the same distance
astern; and as this We ssel was on line with the
Margaret, and also with the steamboat before she
took her sheer westward, tho Fox must have been
the same distance at this point of time, west of her.
She not only thus far west of the of the
steamboat at the time, but had sheered still fur
ther west expecting her to pass on the eastery eide
ofthe river. The master of the Fox, and the hands
board the ste mboat, all agree in this change of
the course OF the schooner. They differ as 10 the
relative position Of the two vessels at the timethe
pilot and bands on the steamboat supposing the
Fox to be nearest the eastern shore. But this as
VIC have seen, was clear mistake, and one which,
doubtless, led mainly TO the unfortunate accident;
for it is not to be doubted that il the pilot had been
aware that the course of the Fox was west Of him,
and, as is conceded, Indie atng from her man@uyres
intention not only to persevere in her course, but
to take direction still further west he would not
have been guilty Of the rashness Of attem ping to
pass her, under the circumstances by crossing her
bows to the westward On looking into the evidence
the reason Of this mistake is quite obvious The
night was cloudy and dark, and there was no look
out on board the steamboat mt the time. The
pilot and three other hands were in the wheel house,
the forward windows Of which were up. But this
was not the proper place for a lookout in a night
rs dark as this one, and in tract where the usual
river craft are frequently to be met with. The
case illustrates the truth of this observation The
pilot admits he did not discover the Fox until the
steamboat had entirely passed the Margaret at
anchor ard the hand at the wheel says that he did
not see her till after the sheer to pass the vessels
on the east shore. The two vessels were mt that
time within six or seven hundred yards Of each
other, and moving at combined speed Of some
twenty miles tho hogr, or a mile every three
minutes. They must have come together In
less than one minute after the pilot Of the steam
boat fret discovered tho Fox, and then mstook
her position, which naturally. IL not necessarily,
led to the collision. The night was not 80 dark
but hat proper lookout, on the forward part o.
the deck Of the steamboat, would have deserted
the Fox at n much greater distance ahead, Afford
ing time 70 have ascertained her true position aud
coerse, and TO have taken measures to avoid her.
As the case stands, she in fault IN attempting
to cross her bows, and pass her westward. We
have looked into this with more than usual
care and caution. as eur conclusion differs from that
of the learned Judge below, whose hsbitusl
attention and accuracy in these cases, entities hs
judgment 10 very great respect and confidence. III
opinion Is placed exclusively on the ground, that,
at the tine the schooner was rst seen by the hands
on the steam boat, she was a tack east Of her,
and was in fault in changing her course and ct
tempting to cross the bows Of the steamboat and
pas her Westward / cannot concur in this con-
clusion. 1t is supported by the evidence Of the
hands on the steamboat, bat disproved by the con
current testimony of those board the We sscls in
the vicinity Of he accident. who ind ifcrcnt wit
ncssess, an could not we'll be mistaken, in addition
to the evidence Of the masters OF the schooncrs.
Thee is a fact stated by the master Of the
Samsondsle worthy OF particular notice. This
vessel. as las been stated descending the river
on thc cast shore. on n line with and apofoac Ring