The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-28
Decisions I'm Admiralty ON Appeal.
UNITED STATES CIRCUIT COURT.
Before Hon. Judge Nelson.

coiiIsIoS-Ioox -xylpEscx on APPEAL
TO- The Schooner Charles Henry The libel in this case was
filed by the owners Of the steamboat South America
against the schooner Charles Henry 70 damages
river about II O'Clock nj night the 18th Of July 1854
The collision occurred short distance below Button HILL
America had come Of Ncwburg bay AUD entered the
rarrox channel Of The river. The river at this point
from hall 10 three quarters OF mile wide. The steamer
claims thai she descending the vest shore and that
The schooner was ascending At near the middle OF the
river, and considerably 70 the cas-, OF her, and that she
bo~s against the lsrbo1d wheel house and steam chin
ney, breaking the same, displacng the boiler and
OF oS. 1as ssqS'
the river was the west shore, and west OF the
Of the steamer, and that she Suddenly changed her
to the west, and thereby occasioued the col.
lision. II q clear starlight night the wind south
essery, blowing pretty well up the river, about four
Of the tide but according to the weight Of the prcos
must have been about the last OF the food the be-
s.nisg o. the sso 70: Ground = We have sre.dy
ing vessel that she suddenly changed her course from
sbost the middle Of the river towards which the west
shore along which the steamer WAS descending, and
into her. Notwithstanding every effort made BY port.
ing The helm, and slowing and stopping 70 avoid her.
schooner The mate vss Al the wheel ana The mssscr
and Of the hands the forward part OF the
boat a. lookouts The other hand vas below. They saw
the lights Of the steamer In Newburg bay, about three
miles distant and kept her In view from thai time till the
collision occurred. Abou. the time they nrst saw her
Point, which on the cas-, shore Of the river and I. This
time they crossed 10 the western shore the track OF
sailing vessels, ~ s claimed, and continued upon that
course TIL the moment Of the col son, when the helm
was put hard astarboard, with the hope OF avoiding
the steamer This the account substantial ~ given
by the three hands including the master the
In 10 this " proved by number OF witnesses
behalf Of the steamer, including several passengers,
that she Rugged Butter hill, hch Is on the western
sbore, as she came round lis base on entering thlz
stretch Of the river and kept close the shore until the
collision occurred. The proofs quite fgn THE
point and lead TO the conclusion that the hands tbs
schooner were probably mistsken In saying that the
steamer was well out towards the middle Of the river.
able respects the facts thus testified TO. fact In the
tends 10 corroborsc the witnesses the schooner
steamer with tow Was coming down the river
short distance In advance of the South America and she
have been well the west shore. Another bserys
ton should be made In respect 10 the pilot He IN tbs
vince at the wheel and was not IN pos sneak
with the confidence OF those persona on board the
nor even Of one property stationed on the forward part OF
the steamer itself, whose sole duty was 10 LOOK out
We take bis testimony, therefore, with some d;s,rus
and qualification from The want OF opportunities IN obair
with certainty know OF the facts 10 which he ,est
es Indeed there was no lookout on board this steamer
al ala most criminal omission her part e,pecallv
she had large number OF passengers on board This
s fault which, upon the facts and crcuustsrcez OF the
case would alone defeat this libel and indeed charge
herself for all the consequences Of the disaster Fdence
has been taken since this was frst called on or a.
gument al this term and therefore not admissible a.
the cot TO allow The practice would be 10 take the oppo
site parties by surprise for the purpose Of prpvug that
there was LOOKOUT on board, But, admitted II fails
10 prove the fact The hand states that he wa stqones
answer hesignas Of the pilot This not lookout with
the rule that has been rcresedlv laid down BY
eours, and which n fixed and settled any rule in
psyigaiou Decree asrmed.