The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1860-10-25
THE PACIFIC
Commercial Advertiser.
4 admiralty Cases

There have been decided recently in the [.
:. Circuit Court, New York, TWO important cases
that have been ON trial several years.
The lark Reindeer, of I~IaIlowell. on her
voyage from London u Boston. in 1854. was
run into, in the Chops Of the English Channel.
by the steamship hermann. The bark was
standing out Of the Channel on the wind. and the
Hermann -teaming in. When the attention Of
the chief officer Of the steamer was first called 70
an object On the port bow, he gave the order 10
port the helm this order he repeated Us the
object became more distinct. the last order being
about q minute and one half before the collision.
There Were two points in evidence which tended
u tasten the blame on the steamer. First, the
night was not - dark but the chief and third
officer could Sc the object, and that she was on
the wind, which would have necessitated the
order o. = hard up instead of :. hard down :"
the helm. The second point was that the steamer
neither stopped, slowed. or backed, but proceeded
az the rate Of eleven knots.
On the main grounds Of the claim Judge
Nelson gave = decision in favor Of the bark.
The second involves essentially the same prin-
ciple, yiz:
coLLIsIoN-DUTY or VESSELS WITH WIND FREE,
AND or ONE CLOsE-HAULED. COMING TOGETHER.
WiHIGm E. Dgdgs and others ". James Stuart
and OfheTs-NelsOn. C.. J.-This l. an appeal
from the decree Of the Court below in a case of
collision in Admiralty. That Court isnissed
the libel. The collision occurred in the Pacific
Ocean, between the Chincha Islands and Callao,
on the night of the sd August, 1853.
The bark Green Point was laden with some
500 OF 900 tons Of guano, and was on her way to
the port of Callao. The ship John Stuart was in
ballast, had left Callac. and was going 70 the
Islands for a cargo. The wind was ;. ;. f.
The bark was heading about y. W. by w,
some of the witnesses saw y. w. by y, and the
ship about 5. W. on her port tack, close-hauled
TO the wind. 1t Is agreed that the bark had
the wind tree. or nearly 50. The collision occur
red between 9 and 10 o'clock at night. The
night was dark, drizziy and hazy.
The vessels were not discovered by each other
till within half or a quarter Of a mile.-There is
some dispute among the witnesses on that point.
The bark, on discovering the ship, starb0arded
her helm the ship kept her course till at the
moment, or near the collision, when she put her
helm hard down, and luffed into the wind.
Opinion and Decision.
We are inclined 10 think upon the whole of
the evidence, that the better opinion is, that the
two vessels, which from the courses given were
crossing each others track AZ nearly right angles
in a night dark and hazy, upon the water. with
drilling rain, did not discover each other until
the collision was inevitable, or, at least, were so
near Is u prevent the adoption, with deliberation,
Of the proper measure, if any could have been
adopted, to avoid it.
We are also Of the opinion that, under the
facts and circumstances, as shown in the proofs,
the ship was not in fault for not taking measures
~ NAt hi>fSttl VI lOl dutDllliL II tight
manoeuvre at the last moment, conceding that
she did not.
For the rule is settled, that a vessel which has
the wind free, or is sailing before Or with the
wind. must get out of the way of a vessel that il
close-hauled. And ii Is the duty of the vessel
close-hauled TO keep her course. 90 How, pp.
Isl Il ID, PIP. 10, l7G; > Wm r., $50
SlS.)
The complaint here is, that the ship kept her
course till it was too late to adopt the proper
10 have avoided the disaster in other
words, that she adhered 70 the nautical rule till
1t was hopeless 10 attempt To remedy the con-
sequences of the delay. We are not satisfied
that the ship could have adopted any course con-
sistent with the rule of navigation after the YES
discovered each other, that would have pre-
the collision or, that there was any
culpable negligence ON the part of either vessel,
taking into consideration their courses, and the
thick hazy weather, in not discovering each other
sooner.
We agree with the Court below in dismissing
the libel, and affirm the decree.