New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-11-20
UNITED STATES CIRCUIT coURT-Noy. f6.--Bsfor
judge NILSSON

CONDEMNED PRIZE PROPERTY TO BE SOLD.
The United States az; Toe schooner Cren'hs" her tackle
NELSON, C.. J.-1bs il a motion, on behalf of y.
j. r. Cuske, claimants Of 0g losshcsds and u hiifhog
Of The Uui5n ~ tie City Of Bookyu, fr edF for
The delivery OF tbs tobacco TO tie e9,alnis ton 70
final hearing such other rider relief Ia the Premises
The Soss ana erro were seized aud elsi o. tle Dtc
Court os ALLEGED attempt - Vi9!aie the o'eAadc OF one
Of tie ports q the sir'e OF Firsin,a tccree nae
been couieunug zoe vessel and part Of The cargo Is
wlu prize including the co4ceo ia question an TIE cseu
now pending In this CouI; appeal from Tat decre.
tobacco T. sefug dsmase sn1 deterioration IA ycnc ron
exposure the weather and also om ccnhueinsat within
Obliged keeP person constantly employee At theiF own
expense IN grald,e ard taking care Of H. % a. 70 egsn
fsr a. possible further nury and damage The Government
the csptor object 90 the delivery d the property 70 the
olsnsns stipulation bat do not deny tlai toe ic set
the proceeds to be bforgt iuto The registry Of Tie Vsof to
abide the even, Of the sJii.
l. founded that tie pTce Of tho ce los geaty increased
since tie cafuc and tia, woul To 1r t.e interest Of oil
by which sale could oAe place in the pre.cai ma-k
Is the property has been condemned aw prize IN Che
sn very spea casc deliver it TO the clliasns upon he
usual Stipulation. 10 mh DO otherFis It lie decree had
ere EXISTS IN bos OF the catos that the properly The
subject Of litigation, shoud be preserved with all reasonable
We shall therefore cnet an order Of sale to be entered
AMI appoint Morris Franklin and Frederick w Melchnan
ofhe Court through s M,fshal AVID examine and applaa
the value o. the los hog.eaa, cnd a haEhoshead e Lac
% man" ~ hiarsto under the direction o. the
oners and at sueE time and Pea as they sh direct giving
,ha dessgaie and that hc proceed. OF the ae shall be
brought Into tho Court to be placed invested b. the Clerk
according 10 the directions Of the Court.
Mr.. r. Doafold Smith u. s. District, Attorney and M
Stewart J.. WoodoId e. y Assistant District Attorney for
the Go'emnoEt Mr. Charlie, Edwards oF lie elaiaHts.
COLLISION.
The Merchants rsnsporlon Company sgt Schooner
NELSON, c. 1.-The libel in this case was filed
sg,nst tc schooner Now iUik recover damages for col
sion on Loas sani sound win te steam Charles
OssoOd en- The evening OF tie 10Th Of November 1888
Ito Ga I'd was r.oceedni on ore of her usual trip
through ihe Sound from The ty Of New ok to Norwich
Conn., ehd schooner on one Of ncr regular tps IA the OPP
poste direction from Boston 10 Newiork. The wind was
knots the hour Tie direction Of tic propeller Sbout
east, northeast, aud @ Of The Schooner about west by
sonh she her arbesrl s and hlj been IRON '4ee
miles eat Of New'iiaven The man vas clear, and 10 cil
Guilty n seeing vessels at confederate III lance. Both
sells bad 1 end saw each other n time 60 have avoided ihe
non-east OF Huunsons Light tho sehconer striking the
propeller head on the lerboad side opposite TIE boiler
sud about onehrd Of the nom the stem TIE propeller
filed aud sunk In few minutes, from tho effects Of the blow
On the part Of the propeller is insisted Ihst whon she dis
covered the schooner which "asa nile or more ahead she
point her weather bow and that she had kept her
course TIE collision could not have hapreosd ol ihst as
ave degrees o her Inc Of seins from tie PoPCr se sd
denly ehansed her eoue bearing away before Tie wind until
On the part tire schooner it claimed that she discovered
Tie pcsl iDtE atttate point
bow aud that the two vessels approached the propeller
attempted pass the bow of tue schoOner that tho
Lem a the latter immediately ported to into the
wind aud avoid the cosou but the two vessels were
close each other Il was impossible 20 prevent IT,
The Court below found In favor Of the view taken by the
Schooner and dismissed the libel II susIained IN the
wncsos board this ycfsc tho master sud
Two hsnd one the wheel eHd tho other the lookout The
view OF the propeller sustained by two, the muster and
the an al he wheel The lock out not examined. but
his absence accounted for he having gone to California
II j. Qufe ca unless the propeller can naniGn her posi-
tina, the schooner ddeny changed her couIse by bearing
away before tie wind and thus produced the disaster, the
grouad Of the libel fails nlt be justly imputed
LrF II she sept her course, which sEe had pursued from
~ int tee miles east Of New ayen aud which must have
been cen on board the propeller for mile before
occurred Il the duty Of the LITTER 20 have adopt
ed the po er movement avoid her The turns upon
This ouesion of fact: Did did the schooner change
course and tins produce the disaster We think weight
OF the proof wi,h the finding OF the Court below At least
upon the ey dence cannot cay thst the beans have
bi.hod De Affirmative fully and satisfactorily as to Justify
s m charEing his vessel with sac ss The case is one
other The light not dark, the wiad very
Both vessels the middle othe Sound which Is
cral miles wide at the place Of collision. They each
other distance chat Afforded fail time for any Necessary
have prevented the meeting. Our surprise
nearly great that 1t happened Ut all II bad occurred
opeu cay.
Decree below affirmed.