New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-09-24
La " LNZ,E,ZLIGENCE
UNITED STATES CIRCUIT COURT-SEpr. q - Bss6rs
Judge NELSON

UNITED STATES CIRCUIT COURT-SEPr. O. Be<re
DECISION IN ADMIRALTY ON APPEAL.-coLLIsioE-
LOoKoUT-EviDHSCE ON APPEAL,
Lo,ett r. Mellen and William H. Melen The schso.sr
Tie libel in this case was iea by the owners Of s
steamboat South America against the schooner Charles ea.
The HUDSON R about p night on the ."
Hill the head Of tie Hshand and after the souh
America had out of Newbush Bay and entered the
to Of mile wide The steamer caras that che
descending the shore aud that the schooner
ascending the middle of the ver and considerably
the OF her. and that she suddenly changed her
toward the west and bows against the labord whee-
boiler and otherwise doing great damage The bo.a
the shore and west Of the course Of tho stesms
ard that she suddenly changed her course to the west. and
as about "ns Ss
proofs must have been about the last of tho food or the b.
ginning of the ebb. $500
seeks charge the sailing 10 that she .uddrny ehsnssd
.o@ sGTI ~. ' ..asr wa. Sesndns and ran int
her, notw outstanding every effort made BY porting tho
three The master On board the schooner The
vas at the wheel and the master and one 81 the hands were %
below. They the lights Of the steamer IN Newburg Bay
about three miles Distant and kept her in view from tina, tune
ill the collision occurred About the time they her the
schooner passing had just passed Maszine Point hic
the east h0io ct the ,, v ,4,I nS at 5 %s sey sSd 70
ed and continued that till tho Of the COZ
yn e 'h st ns wa r the S9n
owen BY the three hands including the master tho chOcnss
behalf otLe srsr including several passengers that .h.
round ts base. On entering this stretch Of the river and kr
this shore until the collision occurred The proofs
quite full On this point and LEAD to the sonea.'on that IN
the steamer well out toward the middle Of the river Tbs
witnesses bosrd Of the steamer the most reliable ~
a,umn, th. Of the be best supported b
the evidence the fault Of the schooner not thereby stab
sked In she coming the shore OF the ana
had been Tor the time as stated BY the witnesses on board
TAX avoid il The .ds q =.
sen ht position nd course Of he schooner and to
The proper to have passed her the east y W.
es saIht night and heIce 10 difficulty In Discerning 0s
and adopting HE proper measures for the OCCASION
On ,l question Of the position and course Of the snGoas
.pondt Tie hand. the schooner had the beet hnowiedss
OF The facts indeed they could not De mi.'shn az ~
ate per.on Of IN. trurh We nothing IN the ese tn.s
" n OF me steamer the leading witness for thu
hbeSr's L. entirely clear or decisive on .n P - 20
en- .c ic Shesa she well out in the middle Of the
river ard aerwsrd when be saw S me had ehAnSed nss
NJ nav yeIy we be hs be n4s'?ok her position when hs
i, or H. nav have her she passing Magazine
Point when shs in fact nearer the east than the west
ore according to the hsnds on the sehoones the ehsns
,ooi plses soon siier~sfd.
schooner. sssmer with tow coming Down the riyes
.ort In advance fthe South Am~s and she pssA
schooner the est show that the stter us have
keu the shore Another observation should b
respect 20 the pilot he In the whehouse Of The
wheel AID wl not IN position speak with the eonfdeaoo
those the schooner Of
ery stationed the forward part Of the e Whose
sole duty TO look out We take hs testimony hersfos
with some esrrst and from the want VI opP.rs.
n;s 10 obtain h certainty Of the facts to wh!
b. teshes. Indeed, there lookout boHd thA
steamer al all ona. omission her part especially
she had large number Of passengers board THIS
:sS4 .iSSs t.fs. 81: i ss and, a$s.S sS. 80
the consequences q the disaster Evidence has bern tsAs
since his csse frs. called for argument e IN, er
~ond be take the opposite psr~s By syrps:e es u
prpces Of pruvins ts, there lookout on board
admitted fails prove The hsnd ssstcf shk ~
stationed the forward part Of tie boet TO ioot o. I'd
TIE signals Of the pilot This not scot -
within the rule has been rpes,ediy laid down ~
Ccus which txed and settled any rule IN nss
ton.
Deere adruSd.
E,ishs s. R>cket ct =. va St4snbos. south AusetN
MI C.. This u q Libel filed BY Tie scnocc@
sxs,ns, The s,esukos. q. dsnsses On .sesss u -