The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-24
THE PRIZE CASES.
The United states Circuit Court.
Before Hon. Judge Nelson.

The United states Circuit Court.
Before Hon. Judge Nelson.
CONDEMNED PRIZE PROPERTY TO BE SOLD.
Nov. 1s-The United States the schooner Crenshac,
he, tackle, de- and her NEUTRALITY-SUSPICIOUS. q. j.
This a motion behalf off. 81 r. Cashic claimants
of hundred and eight hogsheads and forty half
hoesheads Of tobacco the schooner Crenshaw lying
The wharf of the Union stores in the city Of Brooklyn for
order for the delivery Of the tobacco to the claimants
upon stipulation to account for the proceeds in Of
dccrceagaDs them Oh the final hearing for such other
order or relief In the promises the Court may NJ to
grant. Tho vessel and cargo seized and beed in
tho District Court Tor alleged attempt to violate the
blockade Of Of the ports Of the state Of Virginia
decree has boon rendered condemnng the vessel and
part Of the cargo as lawful PRICE, including the tobacco
this court on an appeal from that decree
The ground upon which this motion ia placed
~ ns; tine tobacco IS ssrng damage and do
also from confinement within the hold Of the vessel and
that the claimants have been obliged to keep person
constantly employed, at their own expense, in guarding
and taking care Of it, 10 prevent far posi-
bic, further injury and damage The government, the
captors object to the delivery Of the property to the
claimants, stipulation, but do not deny that the
facts set forth furnish proper ground for an nterocu
tory order Of SALE the proceeds to BIO brought into the
registry of tho court to abide the event of the suit IL
further upon the papers upon which tho motion
founded that the price Of the article has greatly in
creased since tho capture and that IL would be for the
interest Of all parties concerned that disposition
should be made Of IT, by which sale could take place
tho present market As tho property has been
low, the appellate court will not, except in ex-
treme and very special cases, deliver 1t to the
claimants upon the usual stipulation. II might be
otherwise II tho decree had been in their favor but,
being against them an enhanced interest exists In behalf
OF the captos that the property the subject of the t
CATION should be with all reasonable security
to abide theresult We shall therefore, direct an order
Of sale to be entered and appoint Morris Franklin and
Frederick w. Welchman, Esquires, commissioners, to
enter the vessel ow in tho custody Of the Court through
its Narsha) and examine and apprase the value OF tho
hundred and eight hogsheads and forty seven hall
hogsheads Of tobacco; and that, after such appraisal
public sale Of the same be made by the Marshal, under
the direction Of the commissioners and at such and
place they shall direct giving at least three days
and that the proceeds Of the sale shall DO brought into
the Court TO be placed invested the Clerk according
20 the directions OF Court, Mr. peaed smith
Woodford United States Assistant District Attorney for
the governments Mr. Charles Edwards for tho claimants
COLLISION.
The Merchants Transportation Company Us. the schooner
Neo York.-NEIsoS c. 1.-THE libel in this case was ed
against the schooner Now York to damages for
collision Long Island Sound with the steam propeller
Charles Ogood on the evening Of the 10th OF November
1853 The Osgood proceeding of her usual
trips through the Sound from the city of New York
Norwich Connecticut, and the schooner on OF her
regular trips in the opposite directions from Boston to
New York. The wind was about northnorthwest, with
brceze OF some five or six knots the hour The dircc-
ton Of The propeller about east northeast that
Of the schooner about west by south. She her
starboard tack and had been from three miles east Of
New Haven. The night Cloar and no difficulty in
seeing vessels at considerable distance Both vessels
had lights and saw each other in time to have avoided
the disaster. They together p the middle of the
Sound northeast OF uuntingtons Light, tho schooner
striking the propeller, head on, on the arboard side,
opposite the boiler and about onc-third Of the way
from the stern The propeller filed and sunk in a few
minutes from the effects Of the blow On the part OF the
propeller IL is insisted that when she discovered the
schooner, which mile ahead she was point
her weather bow and that she had kept course
the collision could not have happened but that as she
approached the propeller and while at angle Of forty
Gyad her nj
suddenly changed her course bearing away before the
wind until she struck her. already stated On the part
of the schooner it Is claimed that she discovered the pro-
pellcr long distance ahead half point her weather
bow and that the two vessels approached the pro
peer attempted to pass the bow Of the schooner
that the helm OF the latter Immediately ported to huff
into the wind, and avoid tho colision but the
sells close to each other it impossible to pre-.
vent it, The Court below found in favor the view taken
by the schooner and dismissed the libel was sustained
in the proofs by three witnesses board this vessel
the master and two hands, one at tho wheel
propeller was sustained by two the master and
tho at the wheel. The lookout was not
having gone to California It is quite Clear unless the
propeller maintain her position that the schooner
suddenly changed her course by bearing away before the
wind and thus produced the disaster tho ground Of the
libel fails, as no fault can be justly imputed TO her. IT
she kept her course which she had pursued from point
three miles east of New Haven and which must have
before tho collision occurred it the duty Of the lat
ter to have adopted tho proper movement to avoid her,
the schooner change her course and thus produce the
disaster? We think the weight OF the proofs with tho
finding Of the Court below at least upon the evidence
say that the lbellants have established the
Affirmative fully and satisfactorily TO justify in
charging this vessel with the loss. The is Of
great carcssness wan. of skill on the side tho
other The night was NOT dark nor tho wind very strong
Both vessels the middle OF tho Sound which Is
several miles wide at the place of collision. They
each other at distance that afforded full time for any
necessary movement to have prevented tho meeting.
Our surprise is nearly great that it happened at oil
if IT had occurred in open day
Decree below affirmed.