New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-10-03
Id W INTELLIGENCE
UNITED STATES CIRCUIT COURr-Ocr. L-Beiors
Justice NELSON.

The libel was tiled IN tbs case BY tie lbelsnt -
the steamboat George Law sass, the dent In
The below the beos csee hssd evitcrce u
cert show that the bbesr rad been in the employ Il the
spondsnt OF vessel that the pocipa question
the due for the evi'es any; referred
services. ,no asst, the payment o.hes made
hea,ou The heard sccortnsy before
the omi.soner ard basuc- repor3 se,nt
Of 1854 a. which report was subsequently by the
Court decree entered for that amour; slnst tire respond
II objected ,s the Court erred IN referring the
instead of taking tsmouy la op-u Court
but caeuot perceive any huhds,,on for this objection
The Court bad sscerned from TIE hearing before H. tht tbs
s questions in ooltoyssy in res7ec. to the questions
bet~een the parties as MISTER ana owner OF he 'e sn very
Therefore TO be referred to hesrn by Couis!oner
The q tbs respondent preIudiced A. the whole
could b. presented the Cur, upon the proofs
ard eycepors TO TIE Comms'ouers rePo sad much OF the
Walt able time Of the Court thus saved by ne reference has
also been objected that the Court had no Jurisdiction OF the case
question CT service smed IN the year 1854 upon
e.. engaged in the purely n,ena business and commerce OF
has application to the In the 1856 ant the balance
Of deceed after doducns the payments, less than the
been taken the TIE vessel whether master or
ees sad a. TO The onPesncy TIE ysGs Q, ss .
evidence which shall not eu.r into We are satisfied the
Beese Dean DsuohGe ftr hselant, d T. McMAhon for
appellant.
DECIsIOs IN ADMIRALTY ON APPKAL-coLLfSioN BE-
TWEEN SAILING vEssELs-wHhS LsRBoARD TACK
MAY Holp on.
NELSON, G, 1.-The libel in this case was filed by
the Of the schooner John Wells against the schooner
CarOpe
month February 1884, the eastern shore Of the Delaware
Bay The beating the 10 comPany with
Gov shos saa tie jersey shore Tne ~sd W ABOUT
on ,x Ito breeze III. ie food setting up the bay The
John c. Wen. coshsaled her abOsrd tack which
from Crow sAoa tue jersey shore the Ann Car
f1s the js.y On t to cSw sno Tue w w.. very
heavy lade the Ann Caroite ia ballast Tue tao v.es hsi
tine the Caroline a. the lie being 70 he iee.ra Il the Wells
4 s.ern cf her The Aun Caoios out bat
thirds Of Der when she ,nly round
Der board tack IN Of v.'el ahs,d diSry
osn N Soi.ou WIZ the Wells striss her oa Ter sarbo Ar
.de aft, about fifteen feet from her taHs opening
TIE main ground upon which the defer.. Ann Caroline
IL placed abe the stbOsd privileged tack and
hst the duty of the Wei, 70 give aud her
W.. but ns,,t tbs hls ippGailon 20 the relative
position ~ the SO vessels msfs out u,)n the proofs IN the
case 81 claimed h, part that tue Wei. to the wind
this had been observed the Well. hsd ported her
would have brought her hed against side of
the CaroD. that in the emergency
vessel she h.d ported helm
about the tune which her sik. the Wells
side but The controlling
question in the il whether 10. the Wells the
wdwad and so far above the Ct the Caons before the
TWO vessels tue ueetAr as " htoh vac sPPNslh OF "a"
std rule Of navigation that shen Two vessel, approaching
each other opposite . both hayirg the wilma e, The
on ,b,srd shn WY pas, to III, sht On
looking into the proofs the which yonninou
bosrd the respective vessels usual atSorJ
Of the Wells osns that he II the Caroline 70 tho
Caroline insist that her 20 the ~rdard o. me Wells
1.-THE stood upon the testimony y these witnesses
hCuc gard far fctng snd doubtful I'D
with the decree the Court below Diminishing the
libel But there toUr wiLes masters aud hands upon
other vessels engaged st the tne IN beating his cpsn
rel ho With the Wells but b tho
eew and little to her who Witnessed the collision aod
the o the vessels previous 10 the accident and they al
coup ing the testimony u the master aod hsods Of
tie Wells ~ the sId relative position Of the vessels
The tsn Of Ct these wilderness has been taken Ia this
Court and before the Court ocO" which explicit
ard direct upon this question
put This upou rule stated 10 Of the books,
whch referred IN the OF the krpuos 10 How
j witch bat IL the toe l.rbosId
that II bO,n persist Ia the the ether will
strike the lee aide sbs ne bsD h- such
the the ssrbosid tack awe The obsc
ton this ue IT, that IL precise snd exzet for practical
Tie opinion that the lsIbOard uust
though she BE- point aud half 70 the
calculation &C tie vessel bound by ne general rue to
the precise II n. ID clear
tht the wind 81 the ene
her her ard make fault Of the the
beard Cd sng her ard attempt 70 the dsh.
L. Tie b.Ie the gi.estes s,sses accompanying
In that The Ann Caroline has KEEP, her
couss lsd Of porting her helm have passed der
tie q the "s ana tie place where she stuck asr coz
view.
There conss sons urged the argument by
I'll .1es ppot Il bsiI fpecy. of
the WHICH thy rst principally controyeIted
u facts do not deem L. upoftsDtt 20 notice, Ne must
th.efcte The f the Court below, aud direct
comsoIe 70 tAe pools and report the
lib. ants dsmst,- ia The c,.e.
For Hb.l,It ard spps lsI Her Benedict Burr snd Bsne
Dict for 'PondsI Nh DonoHue sd Msssf Oven AID 'o'e