Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1853-07-15
The Great OlIision Case,

The Steamer Atlantic u. The Propeller Osdcnsburgh.
We have had lying on our table for a week
or more full report of the proceedings in
the District Court of the United States on
this important case. with full minutes of the
evidence, and the final decision pronounced
by the Hon. II. II. Lcavitt, Judge Of the
Court, against the claim of the libellants for
damages. 1t has been our intention to give
= somewhat extended notice Of this trial, as
soon as our space would allow, and we now
proceed to do it for the double purpose of
showing to our readers the terrible crmin-
Slity of the officers of the i'll tatcd Atlantic,
which resulted in the death Of one third of
her crew and passengers, consisting of about
600 persons, and Of partially redeeming a
pledge, given by us a few weeks since, that
We would at an early day suggest our idea Of
the remedy for the shocking loss of life and
property by accidents on steamboats, and rail
roads.
The facts Of the case a. they appeared in
evidence on the trial are substantially as fol-
lows
On the evening of the 10th Of August.
1852, the steamer Atlantic left the port of
Buffalo, with COO passengers, for Detroit,
and at about o'clock, in the morning of the
goth Of August, off Long Point. ON the Cana
da shore, came into collision with the lropcl-
Ter Ogdcnsburgh then on her way from
Cleveland to the entrance of the Wclland
Canal, and was 50 badly injured thereby that
in very short time she went down with all
her freight and about POO of her crew and
passengers. The Ogdensburgh escaped
through the active cXcrtions of her officers,
and was enabled to rescue a great number of
the crew of the other vessel. The owners Cf
the steamer claimed that the collision resulted
entirely from the carclcssncss, negligence. and
unskilfulness with which the Oglcnsburgh
was managed that though she saw the
lights of the Atlantic at a great distance, she
did not ''port her helm, or slackcn her
speed, or display her signal lights as required
by law, whereas on her part, her lights We're
all burning, and in good condition, that her
officers and crew, as the propeller approached,
hr.t put the helm a-port, and then hard d-Pou,
TO get out of the course of the propeller, and
used every effort possible to prevent COLI
sion. The damages were set at a hundred
thousand dollars. In answer to these allcga-
tion., it was averred and proved by the owners
of the Oslcnsburgh that the lawful signal
lights ,rerc burning ON their boat at the time
Of the collision,-- as soon as her mate as
eertaincd from the appearance of the lights
rft ba 10 hat no M, "a l,rt-
reller, lie gave the signal to Slow the engine
which was done and the light still coming
nearer, an order was given to stop that
finding the boats We're in danger Of collision
the eng inc of the propeller was reversed. anc
she was tucked: that these orders were givcl
with all possible despatch, but that in spit
of all these precautions collision cnsucd -
1t is plain from the evidence, that the Allan
tic was carelessly or stupidity turned out of
course Of Sqf,ty into one of ettrcmc dan ger
1t was further shown by the owners Of tn
propeller on the testimony Of mariners cX
perienced in Lake navigation, that und,r III
circumstances in which the boats ,ccre ar
yroaching, as shomn By the admissions .
the hbeilant themselves, the order to port tn
helm, given by the officers Of the Atlantic
was the very thing which caused the collision
and that they should have stopped, and if nc
eessary, Jdckcd, that on the other hand
every move made lay the mate Of the propcll,
was, under the circumstances, warranted an
necessary to prevent Il collision.
SO far there is evidence only of unskillfu
uess III the management of the Atlantic
But tho facts us they appeared in eyidcn'
70 further they show incapacty and reel
lessness to an extent, we think, hardly
be paralleled and not only that, but the
convict the officers Of the Atlantic of cowa
dice, and Of the grossest acts Of cruelty
the passengers, in their own frantic efforts
escape from the sinking boat In the la
kuage Of Judge Leayitt -
at seems, the only persons on deck, having n
rightfu connection with the steamer, from the iii
shc left Buffalo till the occurrence Of the terril
collision, which sent her to the bottom of the al
and occasioned the loss of some two hundred hum
lives, were the second mate and the whccsman.
before noticed il was the captains watch and
testimony of the most experienced and reliable
perts is, that under the circumstances of the case
va, wholly improper that the captain should hi
intrustcd the care of the boat to the sole mana
ment of the second mate officer in whom
higher qualifications of navigator are not lool
for. and who in the language of a very ntellig
expert is viewed as mere drudge or assistant
the captain. In point of fact, the second ms
oven if his competency for the station is admit
(Which is, at least doubtfu) did not keep vigil
lookout within the requirements of the decision
the highest judicial tribunal of the country.
was, by his own statement in the pilot-hOusc, at
timo he made the lights of the propeller, look
from one of the windows and did not make u
lights till they were about one mile distant
Had the signal for backing, therciSfe, n
given Immediately, with the speed at VIII