Kenosha telegraph. [volume] (Kenosha, Wis.) 1850-1854, 1853-05-27
ROTH SIDES.


tcrdav's paper that we would publish Judge Lea
Wits decision in the Atlantic and Ogdensburg
case The decisionis so volummous, however, that
we are unable to make room fort IN our columns.
The principal grounds OF ms decision were =
That tile collision was caused by the mismanage-
ment of the officers of the Atlantic their gross neg
ligence and want of skill in her navigation.
That she had not proper " look out" on deck
on the night in question, there being no one but
the wheenman and second mate. That as it was
the captain watch when the collision happened,
he should have been on the watch and not have
entrusted the navigation of the boat on such night
to any second mate.
That the second mate, Carney, was wholly in
competent to navigate any vessel from the evil
dence.
He culpabIe for standing in the wheeIhouse
when he should have been on deck for giving the
order to port before he made the course of the
Propeller.
That when he saw the vessel was so near, that
collision was probable, he should have checked
the speed of the Atlantic, and not have attempted
to cross the bows of the Propeller
That Capt. Petty was wanting in all the ele-
ments which are indispensable to qualify a man
for commander of vessel containing much val
liable human life.
That the Ogdensburg was skillfully navigated
throughout, and everything was done in the iudg-
mint of the most skillful and prudent navigators,
20 avert the catastrophe by stopping and backing.
officers in their management of her, and that the
cclision resulted entirely from the fault of the of
acers and crew of the Atlantic.-Co Columbus Fact
From the Detroit Tribune.
steamboat Collisions VS.. Maritime Law
The recent decision of Judge Leavitt in the case
OF the steamer Atlantic VS.. propeller Ogdensburg,
has been read with deep regret bT many of the sail
ing community, and is most surprising disregard
of law and common usages,
His decision is based upon the absurd proof that
the propeller was lying STILL and that the Atlantic
was running sideways with sufficient force to run
the propeller nearly half way the Atlantics
mldshps, He condemns the Atlantic for porting her
helm, and turning to the right, and approces the
course of the propeller, which turned 10 the lef..
The Atlantic was also censured for not stopping
her engine, after the collision when it was certain
she must sink i'll very few minutes, and the only
hope was to run her for shoal water, which was
but two miles Off Could she have been kept run
ming fifteen minutes longer, all would have been
well. Under such circumstances, then, how ne
eeSsary 1t was to save every moment. Had she
reached shOal water the newspapers would have
teemed with eulogies on the admirable discretion
finer officers.
The evidence of the crew of the propeller, at the
trial at Columbus, directly contrary to their
testimony before the Coroncrs Jury at Erie, when
the accident had just occurred; this is proven by
one of the jury-Still their evidence seems to have
had n controlling influence in the decision.
tilted that they light on the propeller, eX-
ccpt white light, indicating schooner light be-
fore the wind, and all agree that it not disco
vcred &c be propeller until it was too late to avoid
acolliseh, and the only hope then, to go ahead
and, II possible, clear the propeller. All the rev
and passengers the Atlantic agree that the pro-
peLer's light tcaS seen orer the Ldyboard Jov Of the
steamer.
The night was still and schooner could not go
more than three miles an hour The propeller
at least eight miles to the north of her proper
course, and the mate of the propeller has sworn at
three different tunes to his having run three distinct
courses neither of which wonld have taken her
within six miles of where she collision occurred.
AT Erie, the mate swore that the collision could
not haze occurred if he had ported has helm, and gone
to the right At Columbus he swears he did not
swear so. At Erie he sworv he the AHahttc'S
red and lchte light hco and half miles off, and soc
them all the time. At Columbus he swears he did
not say So and tells different story Judge Lev
witt to have believed all that the mate last
S,ceasy to- and have entirely overlooked the tes-
rimoRy Of one of the Jurors, Mr.. Gunnson, from
Erie.
Last year the steamer America collided with one
of Chamberlain & Crnwford's propelers, near
Cleveland. The propeller was sunk the Amcri-
On was condemned and Sold because size turned 10
the icf, contrary re de rules Of navigation. This
year the Atlantic is in the wrong because ShefuTn-
ed 10 the right 0greedbig TO ir and usage and be
the prodelerwishcd to go,-when all law, custom
and directions for sailing of the Supervising En-
ginecrs, says, 'when you meet light nearly ahead
both turn to the right and go ahead with conf
dcnce."
A case almost precisely similar to the Atlantic
and Ogdensburg, has recently occurred on lake
Huron. The propeller Buffalo coming down. and
the L. s., iron steamer Michigan bound up
The steamer the propeller little over her lar
board bow; the steamer ported her wheel and
turned to- the right the steamer saw the propeller
nearing her, she put her wheel hard-a-port. The
officer of the deck put his hand on the bell wires,
another officer aft, says for Gods sake go ahead,
don't stop her. Here, as in the case of the At
lantiC, when the danger apparent, it was too
late TO stop and the only hope to run past the
propeller. The propeller, without stopping her
engine into the steamer little aft of the wheel
house, and had the steamer been of wood she GER
tainly would have been sunk. As it was she bent
deep hole in her, and above water, bending and
breaking heavy iron and beams.
The only difference between this case and the
Atlantics is that each the other at n distance
and both knew the other to be a steam vessel
Should Judge Leavtt's views prevail, the steamer
Michigan must pay the propeller her full damages,
and the owners of the steamers, finding themselves
without legal rights rules 70 guide them, should
abandon their business at once for 1t is impossible
20 navigate one class of vessels with safety, while
all Others permitted to use such Ii ghts as they
choose, and navigate their vessels as caprice may
dictate. MANY SAILORS.