Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-04-30
The CaSe of the Adria1fc.


to the american Congress and people Of the United
left Belfast, Maine October 81, 1885, with the bark
Adriatic loaded with lime and hay bound to Savannah
Ga. On the night of I'd November, at halfpast 10
O'clock being under double reefed opsas and steering
by the wind, blowing fresh from the southwest, the
watch on the lookout made light about three points
on the weather bow. I then caused good and suffi-
cient signal light to be hoised in proper position to
be by the approaching vessel which came steadily
towards It visible to my crew and myself on
deck that the approaching steamer must clear If she
continued the she then steering but when
within about one-third of mile her sudden
ly changed, bearing down upon us. Fearing collision
would take place put the helm down. The bark came
into the wind so that her sails all shaking and her
headway nearly stopped. 1t the only remedy had
to prevent the steamer from running ever me- Had |
not put the helm down the steamer would have struck
me mid-ships, and buried the bark and crew in the
ocean.
The steamer struck the bark forward, carrying away
ibboom, bowsprit cutwater and starting all the star
board bow from the deck frame, leaving me a perfect
wreck.
The steamer pursued her course without stopping, un
til she lost in the distance shaped my for
the nearest port to repair damages arrived at GlOu
cester Mass reported the facts to the collision and
repaired at cost of $4,000. From thence proceeded
to Savannah, Ga, discharged and loaded with cargo
of timber for France. Arrived at La Ciotat February
10, 1857 on the 20th finished discharging paid my
an officer from the customs reported to there
mistake my clearance at the custom house. requesting
me to go to the customs and have the matter rected
which did, After few minutes they gave me to un-
derstand they would keep my papers and refused to set
tie the freight, which amounted to about $4,000
There being no American consul at La Ciotat, went
to Marseiles, distance of twenty-five miles, where
made my complaint before the American consul.
During my absence from the vessel the civil authori-
ties ordered my mate to unhang the rudder and unbend
the sas threatening in case of refusal to put him in
prison, together with all hands.
18th of March following. 1t decided by article IA
Code Napoleon, that the Courts of France had juris
diction in cases of this kind.
The case was tried before the tribunal of commerce
and decided in lily favor the Sd of April acquting
me of all blame and awarding the bark 500 francs pei
day for every day detained by the prosecutors About
the 8th of the same month the taken to the
court of AK, where it argued The Judges, being
unable to give their decision, it referred to com
mission of three shpmasters They went on board the
bark and examined the signal light used at the time
the collision and reported that the light was of sufficient
size and in proper position, and set ten minutes
before the accident occurred and they also reported
that the steamer violated well known regulation BY
putting her wheel to starboard and endeavorng to pas
the bark to the left instead of the right.
After this report the case was again brought befor
the imperial court of AK Notwithstanding the repor
of experts chosen by themselves they decided agans
the Adriatic on the ground that if the light had beer
really SET it was either too small placed in no posi-
tion to be by the La Lyonnais Or finally set to-
late.
This decision was rendered against me on the Oath
December, 1857, after detention of ten months.
After confscatng my vessel freight, and 1000 franc
of my private property, feeling my case hard one
and that had been deeply wronged, deemed it just
myself and to the Of the Adriatic, knowing no
at what moment might be arrested and placed in prs
on for nonpaymeut Of the value Of the Lyonnais, Il
100000 francs) to attempt escape. Accordingly
left the port of Marseiles with the Adriatic, wthou
asking leaye) and arrived at the port of Savannah il
the United States on the 18th of March, 1853 after al
absence of thirteen months and pecuniay loss of muc
more than the value of my vessel. Respectfully sub
mitted. j. B. DURHAM,
| Master of the bark Adriatic.
! Washinpton Anril Ia 1853,