The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-20
un,,-a s,.s. ; n,,-,r,c. o.urs.
DSOlSloSS IN ADMIRALTY.
HxsSre Iuaye iuusr,4,ll.

thsr sloop and the Empire State, " ,teh .oos place
Ia the month Of Jaly, 1853 ps coilidoa 1eiurred
At ttie before FIX O'Clock 10 tue al.ernood, ~ .
point ia the East river lite 10 Nh east OF POT
Rock in Hell Gate, at about the middle VI tho
river, between Negro Point, VI Warts lland, and
Wo.sey's dock, near the bath house, on Long
leland shore. TIE sonp was loaded WIN cargo
OF coal On freight, and toe cisicn, SION after IT
toe ulace CAUSED hef 70 sink with the coal on
board She was bound rom Ees York up the
EouDd To Ne~ Haven. The steanier xis . 80 1nad
from New York up. the Sound 10 Fail &yer Foe
guards OF tue steamboat came - csatact With the
main rigging OF the aoop d abe wAe passing her
on the sartosrd side. which forced out her n,l's,
uslrby causing an opening N the ~de Of the Stop,
by shich Abe soon hIIei With water. Tue WIND lt
the tine was light and battling and W.. from the
eastward of south, ana AZ the rate OF from one
IL two knots. Tue tide was Apod, AZ the rate of
ff0m feur 10 seven k.nts. Al the dine the sloop
WAS heading with the tide from y vi .ce nearly
opposite marc Point TO point near near wsossys
the b - opposite Hallett's Point the sloop had
rot kfsrled her course, Prom Negro Point the
tide sets oser to Woo-eys dosk. Often there
wiz be two contrary warts Of the tie near the
place where the collision happened. When the two
vessels came together, the sloop vas not lar from
tue middle OF the turn tide. The sl0op when she
was approi aching near 10 Negro point, was seen By
the captain and pilot OF the boat, before the boat
passed HaIlet's poin;- The sloop had little STAR
age way OIL her. From the time the sioop was drst
en- BY tic boat she CONTINUED 70 keep DER course.
When the slcop wasnrst Gen BY those having charge
Of the management OF the boat, they asnhded that
she eouid bear away after passing Negro point apa
hug the shore of Wards Island. Whether ahe Could
or LOT, IN season 70 have got out Of the way IF tue
steamboat, with the wind light and battling ~ it
was, and the tide strong - II was, does NOV sa6s-
factor,ly appear She Did NOT However, hug tue
s sp wars in KSE on .hoo. Altering
boat hre sew the sioop before the boat InAsd Hal
.tg point be made 40 his mind to paas the sloop on
her starhoaiI side, ano directed the movsm nts Of
We boat with that view. In passing Ha,ett's point.
yearly in her wake, towards her stafboard side.
As the boat came near the slOOp, the engine
Of the boat was stopped. The Roadway she
had on brought her up Uroadside to the sfoup. Tue
In passiDg the sloop the boat crowded the sloop;
her guards pressed against the standing rigging
OF the sioOp with such force that the injury was
occasioned which caused her to sink. The captain
OF the boat thought that he could pass the slOop
without touching her, and supposed at the time that
he had 80 done. At the time the bells Of the
boat were rung to go ahead, the boat was drifting
with the tide towards the shore, and there was dan
ger that she would have gone on shore il she had
continued to DRIFT with TIE tide. The boat could
have passed the FLOP in safety her larbosrd side,
II the captain Of the boat when be passed HaIetts
point had directed the movements OF the bost with
ments, surprising that the soop would hug tue shore
Of Wards Island, though the captain OF the sl0op
gave 10 Indications that be would do So The ordi
nary course Of navigation tor sailing vessels In going
Was, after passing Negro Point, to bear away some
II they could The captain of the soop did not see
the boat until the boat had passed H4lletts point
and was approaching lear the sloop. The sloop vas
in no fault, unless her keeping her course in
the turn tide il t0 be considered as fault. In
the case OF the Jamaica eteam ferry boat Ne0
York Legal Observer, vol 2, p. 242,) The District
Judge, in giving his opinion, says:-"A steamboat
had a I'M fullv viz ina
to have avoided her, IL to be held responsible "inu
facie" for steering clear, without requiring the lat
Ter 70 do anything" In the case under considers
Non, the steamboat bad the soop IN full view befre
the boat came up to Hallets Point and ia time "a
have avoided her, by pursuing different course;
and the sloCp did nothing but keep her course. In
the case OF tie NaugsSuck Transportation Com
paDy Va. the steamboat Rhode Island, tried befese
Judge Nelson, which was case OF collision happen-
ing near the place where thls colii occlrred, the
Judge, III giving his opition remarked rs Ioio Ts:-
Upon the evidence should feel bound 60 mold an.
sci responsible for collision that occurred IN at
tempting to pass another, while struggling In this
DANCE strait, there being fauis the part of
the leading vessel" IT is claimed the part Ut the
Empire State, that after she came near the sloop
she could not with safety back or remain ait her
engine motionless, aud that the only cours go she
could pursue with safety to herself II 20 ahead
The remarks OF Jusge Nelson in the case OF tue
Rhode Island, are Sufficient answer 10 this claim.
He says-"fhe pretcu set up for exposing the
Naugatuck 10 the haz ard Ia, that the Allowing or
stopping the Rhode Island after she had pas sd
Flood Rock, would greatly endanscr her wr safety
ana the safety oil the lives OF the passengers. The
answer l., If ibis be admitted, it was her fault
that she was brought slto the dilemma. The Matt
gstuck seen in time TO have avoided it. Ne
gieetipg TO avoid It subjects the Rhode Island to
al the consequences that folsowed.o Ana IS shere
Was no fault On the pant oi the slooP 10 this case
her keeping her course while close bsuled not bepg
Considered a iaut--the umpire State must &c hold
en- responsbefor aittle consequences which followed
tie collision The order OF the court therefores that
the hesllnnts recover the damage which they have
sustained by tie collision and tat IL be REFERRED to
commission 10 ascertain aud report what tha'
damage ia.
JoScya Bounty Ggt. he Schooner 7rlom1s Casci6 y
ara Sssc.ig Tons II Codi-Ide hbsi Il filed la this
case to over compensation for salvage services
performed by ths hcollanI IL the tali Of 1853 u
raising the sc8eoner Thomas Cas- Joy, Uhoh wSs
sunk, with the coal on boar5, in October, 1853, IN
attenpttng 10 p4sa the draT acsosa the hIascl
Rscf Railroad 90 Spnytrnduyvcl creek, fer vlaoh,
h. ahe2ts, h. gas 70 be paid sJa9. The claimants
alicgo that, w tie contlacS, the hSelisut wis %
raise Tie vessel, discharge tie coal, and bring the
vessel 20 any ways when their agcnt might direct
Within two weeks THIS they aese that ~ di1 n !
do, aud IL therefore rot emitted 10 tho $3.50, aad
they have teIae4sa snc bro1shs Iuto coags IT, sala
Of SIPS, a. sufficient recomkeRse. PERI O! the
Cn9i TGsreu By toe hbelian. md delivered
u tie owner near where the vessel yfas 50 ok;
the rest o! IT, III te yess.i, ha carried % At ria
ucar which place tic iced. and there heacAca the
fts.el, ara AepoStltd Tue c0af on wharf. Hold
hy the Court .hat, on Tue evidence the iioe
land did not agree to perform tho service w.shu
tSc weeks. Fox several Neess after The two weeks
had expired, The agent Of tic owners asked Bounty
y "a wac going on 20 fulSi bl1 cons act, which nc
could nos i u sas T. be performed ia two weeks;
that neither Old be ayte 10 deliver the vessel At
suy ways which tie aseut mtgls direct; that AZ
Though .heta @5s great decay IA performing the con.
tiact, there Was not al unreasonable delay, c5hsi
aesiHg Tie circumstances nd difficulties u ire case;
tnat me hpe.iui did not convert any Of the sro.
pcfty on board Tic vessel TO bis ovr use, nor Wa
any II It Lost by suy wrong ACT Of bis; bat that the
vessel and cargo we're not, when raised, Ieft ia a
pace 'nyenfsnt 10 the owners, aCd that the ex.
peHse to which the claimants were snbjc0tsi Ia
cunSey mig tie coz, frau asloris 70 New Ynls sod
the vessel 20 the ways irNeW York, shoald be dc
dneted. Decree Tor lihCllsnt ineTeloTe. for $50,
les that expense and less what he has received. aud
reference - a commissioner 10 compute Tire 2noant
due.
-arhony q. R9ssirs -. the Bark ilssiig, &C.,
ava ~ i1sighf.-process ras duly Issued Sc tie