The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-22

time u me ghs carried by the Iyonnas according 70 her
Adriatc held her course " W. by w. steering close 70
the wind ON the arboard tack the top gallant sails ured
the double reeied, The watch ON deck, and inc
q That Captain Durham at that moment ordered TO hoist
lantern upon the poop mast Of the Adriatc until that
moment without any light; that this lantern was held Dy
the second officer ofhe vessel until the moment Of COLI
sion at an elevation OF from three four yards above me
deck tha me Adrnnc did not alter her course, nor MAKE
any uanouvre, until the moment uat collision with NE
Iyonnais became imminent.
g. AT this moment that is 10 say about three minutes
previous 10 The COLLISION Captain Durham percelvng that
the Lyonnais altering and manoeuvring 70
pass ahead OF the Adrac, called immediately, A
hands deck" and commanded 'Ielm astar board, )"
ung MS vessel IN order 10 bring her against the wind
which would then cause his sa TO p and shacken tho
speed Of his vessel
4 That the Iyonnals, at the moment she caught
sight OF by the Adriac was steering r. NJ f. full wind, on
the sarboard tack all sails spread all steam the watch
captain aha second olcer deck and two menat the cat
head
That having caught sight Of the Adristc only few
moments before the collision the seaman Choapeau, who
at the cahead cried out 'yesse on the board
and rang he bell; that Captain Devaux rushed To the
helm and put il Immediately hard board, sounded
the alarm whte and tina, the Iyonpas 'boung TO port
continued her course without Stacking speed, and passed
RAPIDLY across the bows OF The Adrac, at the moment the
collision took place .t
terng the Adriac which she eod not completely avoid
struck Der violently causing much injury, and that having
received no damage apparently in the shock which she
berseH received, continued immediately OH her course.
o. That tho Adraic having host her figure head which
remained the deck OF the Iyonnas, having had
part OF her Forward works carried away remained sta
tonary for time Of the Iyonnais in order Of
feet few necessary repairs before continuing
mat results IN an evident manner, from these facts
that captain Durham cannot be reprotched it'll any fault
and that the collision which took place between the Lyon
nas and the Adrac must be considered merely
cdenal occurrence and Cannot according the terms of
article 400 Of the Commercial Code furnish OCCASION for
any claim OF indemnity.
That the Brothers 'iau,hcr would vainiy endeavor
found the condemnation Of Captain Durham upon the alb
of regular Lights board the Adriatc upon the
pretended absence of men deck the moment Of col
lison and upon the pretended false mapmuyre which
Captain Dnrham executed.
Considering that IN" Brothers Gsuthier do in no way
prove that American SHIPS obliged TO have regular
pht on board; that, tho contrary, IL results from
tbe documents furnished that there is not any law
or regulation IN the United States which obges
sailing ships 10 have such lights in open sea;
that captain Durham having had the precauton soon
he perceived the Tyonnas, hoist lantern the
stern OF the Adriac being the point most in sight under
the then CIRCUMSTANCES and considering the respective
position q; the Two ships, he Captain d. did what wise
prudence prescribed him TO do also whatever else he
might be expected To do in default OF legal prescription 20
this effect
Considering that the presence of watch on the deck
well as that of Captain Dnrham, testified to in pre-
else and unanimous manner by the witnesses ThOmbs,
Warren HALEY, who are not conraicted by the Second
Lieutenant Iuguiere the sailor oupeau and the fireman
Cousin, IN hesalng manner, and by awaiting them
selves OF considerations having no certain foundation aud
being entirely improbable.
Considering that Captain Durham, who
mander OF sailing ship, going close ~
tho wind, and, OF course, rather at u very slow
rate, was not permitted 10 do any other thing
IN presence of steamboat going with full wind all
sails set and employing all her steam, but his
route without changing anything in his movements leav
ing TO The steamer mastering all her movements the care
10 avoid her.
That at the moment when tho collision was imminent,
ana captain Durham tho ~ onntls with full
steam towards her prov, ne evidently not free to
make any other manosuvre but that he executed and
which alone was NJ 10 prevent the encounter ii there
Yet any possibility, or 10 weaken lis effects.
That the captain o. the yonnais, who in consequence
Of the foggy night had perceived too late the Adrat by
putting the helm as,rboard and continuing his way with
ont stopping engine had evdcntiy the utc.ios u ps
before he 9driatc which doubles then seemed 10 him
possible, aud Captain Durhani. b. Ills fabouyrs did ia
citato Ibis movement instead OF putting any obstacle in
his way. ..r.f
Considering that the brothers Cautier roproacb
Captain Durham with hay ing left in spite Of all laws
Of humanity the place of the disaster without leadng any
help to tn" distressed lyonnals, and having thus, by
aggraysing his fault, increased his responsibility.
That, The tribunals must always energecaiiy blame
such acts hen they have recognize and prove
them II also their duty 10 loudly proclaim the iunoconoe
vi those who reproach.d with them, when, in the
present ca'c all proves like accusation TO be entirely
nnicundcd
That this duty Is, in the actual ca 80 much more i'm
perous a. te accu rssr OF nhunaity preferred against
Captain Durham hei,ws having been uttered in presence Of
the tribunals had been immensely aud all but universally
rropagaed through the American and the European press
That nom the fact of the the ncoutcstablo proc
results for tie tribunal that th alton In fact IN
way incr.G; that NJ the the collision, the
Iyons continued her route without sack.nng her
that all apt make Captain Durham suppose that the
Iyonns had suffered any serious injury that he had
not been asked br any help during the time he stopped
tor repairing the damages the Adratc: that Captain
Jsvaux himself did believe the yonnais danger
before the moment when the water, pouring into the
steamer. revealed situation, whose existence I'LL them
Was suspe,,ed that the signals Of distress cannon
shots fired and rockets launched, which the witnesses
The inquest spe 81, but Of which tho report OF Ieuen
ant IMgnerc makes mention, and account Of
which hc wOuk not have remained silent " they
o. have bad The signiilcon which is to-day intended
10 give them, must have taAcn place only at tho
moment when the whole gravity Of the danger the
lyonusis running apparent, after tho first at
t,npt being made To stop the leak aud o overcome it,
and when The Adraiic already too Tar OF for those
signal, being revived heard by " her deek
Considering hat The demand Of Gauthier Brothers should
be- dismissed for OF the protest. having
bccn gnhed Ia time, aud coniorahy 20 articles 49, and
AZ of the Commercial Code
That the r,,srt made by Lieutenant lnguIcrc, at Now
York, ought not o be admitted In evidence, be- Tho
law requires every and allegation 10 be -peciiod IN
exact terms. IT, her' fore, Lieutenant Irgure was
able Ia give tS necessary specifications NJ New York
being the time 0f the tate of Captain ysuax and
being wholly ignorant 81 the OF the vessel which
had run against the y onsis, yet al this specification II
names and al! these particular, ought aftcrsard ~ have
been duly mad after The Lieutenant arrival IN France
by The owncr Of the Lyonnas aud ought 10 have beeu
hcd with the Attorney General OF France neither Of which
gal requirements We're complied with.
With respect to Captain burhsm's claim for damages,
considering that Captain Durham proves no other damage
thar the oss Of time INQUIRE" 10y him In oons.auencn &c
tie delay Ovcaonod by This proceeding aud his d.cn-
ton thereby, h decided that Gsuter \ Brothers, iu
bringing tins action hay. done than their duty.
and that the magnitude OF The disaster The grc, number sr
victims caused by H. and Tho Important Interests concern
ed. made their duty N institute the proceedings they
isv, done Capt Durham himself cannot hut b. TIA,
fcr hi personal int rvs, o have Az the
connected with tl CLEARED M and explained
before proper legal tribunal and Ia have the serious
charges Niis weighed ulon him cnectay retDUved BY
lrgal enquiry.
Nevertheless. with respect the de'nand made ny Capt
Durham, la anticipation or de- 90 Asrs. Gs ih.r
Buters coanung "a prevent the sailing 81 the dr.aic,
after The delivery n us present Judgment, think that
this denan1 deserves a. be taken into consideration
Ilcrcore, hasauoh this Court called up,n give
Judgment upon The matter OF taking 81 Oh. nT@dhients
In he way or Captain Darhams departure with
the Adris.ic out OF yoTt aud &c removing tle
attachment laid upon tho freight owing to him by the
Imperial hcsagcrics i"r maritime services tle Court
declares the demand or N.csrs Cal,hicr 4 Brothers
ssast captain Durham to b. Die aud uniounded.
Furthermore, the t"rt declares that there no cause
i;sag why any damages should Do paid IN 'srsin Dur
ham sccoun Of mIsdim.nt Pvt In the way u his do
Istgr. with his shp, up 70 b" day VI the rendition oi
uhs Judgment Furthermore. the Court stays AL further
proceedings threstsned by Mc.rs Gauihier Brcthers
Nes loi preventing the departure of Captain Durham.
Ao the Court takes "a anil dsolyr thu attachncnt laid
Ipou the height due % Captain Durham by the Imperial
Me.sgers- Tor the Of Ia ship and the vpIo-
Aon departure and she order Of DETENTION Issued by the
President of the Tribunal Of Commerce o Ia Coi which
accordingly hereby anBued aud vdhdrswn. The Court,
hy ~ President, W. T. Ginning, aud By the Judges,