The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-16
TIL. Case 9th. A,:stsftc

STATEMENT or CAPTAIN DURHAM, MASTER OF THE
BARK ApRIArIc, TO raE AM.eIcAs cos9gEs5 AND
PEOPLE OF THE UNITED STATES
len Belfast Maine, October 81, 1856, with the
bark Adristlc, loaded with line aud hay, bouni 10
Savannah Ga On the night Of tho I'd November at half
past 10 O'Clock, being under double rscfed opsa!ls
and steering by the wia. blowing fresh from tho south
west the watch the lookout made light about three
points on tho weather bow. I then caused good and
suclsn, signal sht be hoisted proper posion 3,
be seen By the approaching vessel which steadily
towards Il visible to myself and crew deck
that the approaching steamer must clear she
laued tho abe then s,oerag but WHOM within
about one third Of a milo her course was suddenly
ohabgei, bearing Gown upon Fearing colEson
would take plicc pu. the helm down. The bark came
into the wind. tina, her sails were all shaking and her
Roadway nearly stopped. II the only remedy had
10 preyent he steamer running me. Had no, put
Tie him down the steamer wo1d have struck mo mid
ships, si.a buried tbe bark and ere IN the ocean.
Inc steamer struck the bark forward, carryEs away
board bow from the deck frame, leaving me perfect
wreck
sLe was lost the distance. shaped my Tor the
nearest port repair damages arrived AT Gloucester
MA-s reported The sots as 70 the collision, add repaired
at cost Of $4,000. From thsnco proceeded 10 Savan
nsh, Ca, dschaTg cd, and loaded with cargo VI timber
FOR france Arrived at Ia Cotat February TO- 1851 on
the 2oth finished dischsrgng, paid custom ducs, and
cleared for Sicily. The following day olaer from the
customs reported 70 there rnstasc in my clear
ssce the Custom House, requesting 70 70 The
toms and have the matter rcced, which did After
few mil uies ey 70 understand they would keep
my papers, aud refused 70 settle the freight, which
amounted 70 about 81 GO. There beiog American
Corsui at Ia Cotat went W Marsellles distance OF
twenty i've mcs, where maio my complaint before the
American Consul
Duliog my absence from the vessel rhe civil Authorities
ordered my unhang the raddcr and unbend the
Sails rcaienlng in Of refusal 10 put him in prisou,
Nv ai,orroy plead the case Of Jurisdiction on the l7h
OF March following II decided by article ID, Code
Napoleon, that ths courts Of France had jurisdiction in
1ne caso was tried before the Tribunal OF Commerce.
and decided my favor the % Of April, scaatDg ms
OF all blame and awarding The bark 800 francs per day for
syefy dAy detained By the prosecutors About The sch Of
the saie mouth The taken 70 The Court Of Ax
where wss argued The Judges, being unable 70 give
their decision n referred 70 commission Of three
phpmnters they went board the bark and examined
The signal light used Al tho time OF the collision sod
ported that Hight Of sufficient sizs and In proper
roe,Ion and Was set ton minutes before tho accdent
CURED they also reported that the steamer violated
we'll known regulation BY putting her -hee 70 sssrbcsrd
and endesv0rns 70 pass the bark 70 the e nssa Of the
| ishL
Imperial Cour, Of Air. No,vhssndSih s report Of ex
pcrts, chosen by themselves, they led against the
kdristic, on the ground thai Il the s been really
act wsa either TOO small, or placed In posftcn 70
be seca By The la cnnss or finally set 700 s ,., If
December, 1887, ater detention Of ten moutns-
AFTER connscstIng my vessel, freight and 600 ffsocs
and that bad been deeply vronscd deemed just 70
myself and TO the owners the Adfatc, knowing not Al
vbst moment might be arrested and paoea ,or
francsj TO attempt escape Accordir le the port
Of Narcotics with ihe Adriso vhoui ssking iesve) and
arrived Al the port Of Savannah, In the United states on
the 1sh Of march, 1883, ser absence OF more thsn
thirteen months and pecunary loss Of much more thsn
the value o my vessel Respectfully susT n,eouv
l Master Of the bark Adriats.
wAswyerOS, April Il, 1858,