New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-23
LAW INrELLEGENCE.
UNITED STATES DISTRICT COURT-SoUTHERN
DISTRICT. n. JUNE 81
IN ApNIRALTY-LIBELS FOR COLLISION.

csinsnt; Cornelius Vanderbilt act Wm H. Reynolds ct
a. owners Of the steamship Ella Warlcy.
/ OPINI0N.-SuPMAN, J.-Ihcse are cross hbels
Ifunded upon collision which occurred between the sie9
Fehruary 1853 the Anie Ocean Oh the coest Of New
Jersoy end ten twelve miles below Sandy Hook The
uIIa Marley was bound down the coast a voyage from
uEew.York to NewOrcan., and the North sar va bound
ufom Kew West 10 NewIor6. The collision occurred be-
tween a md cock in the evening. aad csued in sinking
Eae Ela Waley in few minutes after the vessels eoded
tight was not very das1 The wind was hsh and Tie sea
smooth.
The collision took place Of the great highways Of
CONNIE In track continually ilcqented by 81 cases OF
vessels seng lesyu thr port Of NowNoTk bound from
or the south. The colidng vessels are both Large staeong
steamers and were both heavily aden o. Ae tame WIN freight
ard both had board number Of passon end il crews
That the accident the Io. OF and inaccessible
Sdsne te Court IS ceir where e fault lies. The
9w OF me case is very simple endi only requires clear I'M
eandins Of the facts TO Give - easy and safe application
IN command OF the Ella Maruy, aud that OF eudesras Der
second oiAer that she was gun ont past he hEn snip Wei TO
the eastward aud from all Tie testimony offered in her behalf
q tbs point that her position when she was put on her
Ifuse Down tie coast could not have been lees an six or
scyan miles on shore The Court - OF opnion that iair
deduction iion thu testimony would piece heF at eas seven
the pilot who took him down tie rbor advised him to
south east, past the light SNIP and that no did Tor some
sp il sbout seven mile or shore and no ius view Of te
evidence offered in 5ena o. The Ella Marley herself places
There nothing in TIE evidence the other side which
changes this pect Of The Tie first course she pat
short she put south half west and soon after ln
back 20 south agau. " these three courses he rn until She
II
rnlea az the time her second Oil. ey It The trend Of
th along her is sout half west and her courses
sars Light denonstroo the fact that up to that moment she
he'd kept all tie oirg "a which sne started on hoshls
de hore-not much perhaps but certainly distance in pro
portion to the lenstn q he eo'.es Que sga' qa' nal
Pendeeras,, the second officer, avs her course was changed
hon o.h ha west back to soa, Ut five .nuios pas, g. AID
h.h e. the North star discovered Though not long
Pend, EAST il charge the deck ana the green light
a. ~. 3d.
the stance which e places the ships apart at the time De
discovered tie approaching hight lie soa.lnci Indirectly
distance at which they discovered the Ella Wsr.eys -h
he ships then heys g,soysie9 each 9.he,' ana we ave
BY those on board Of her She is % % seven ns Oh shore
calins south, aud ruin al Peea o. ezH o. ME miles al
The North s:r bound Up The coast end her distance
Rom tie sAoe, a, liked by Cip. Lc.cve Aer cornlae'
ab9u- five miles ln thi DE !, eory continued by 20
PIE q the collision TIC tor'h s'sr We Hesne ior ihe
tstsh on course no!ia ~ tas wren st a-ceyfle1 ne
bad discovered the other "a too9t cs.t nie' sp.it t9y
were approaching each OH = rate oil q, ' 2lo'aoy
lhus We Lave tie coure speed dis'anse arast, and az
,cied eaeh other. 10 .n, POM ,",ic ,'.e o. no
5-srce 81 room Bcit Wind fsil weather AID smooth
- me- at civ ana ord l,g, rlse8 carb other
.,l,tv afd vet tley col iloi aud r such
80 ~ iive. o, how'd an both Tie a .ers Of
l0th have been on the sand presented their respective
Gus oi tie ~ fir IN which tie disaster brought
Don't Tie open ri on The proofs behalf Of tie
lila Wgey ana the Court VII first consider The account Of
ue trnsaetioa given Is Penleg.'i her second mate
North light discovered down TO tic uoEen. Of
Pc pa, saw, The. wien lie Discovered e green FELT O.
ne Moth star (which j. the Only De- Jaw 30 a DE inae-
olg.y llale1 tle c.urse 81 lis ship which as ce ~ 20
.oa.h 20 east That a tle light allroachea hm le gan
tiuled her south by eat, soon ote' south son
t so-h-eaai b. sout.ea 90, 'esi and sfl s;-soafd
la srey forward Of her 'er5oaTd paddle oo1 clt r
30; able to give the psce une occupco in sAl- elen
seraae asI DE- lt hauled cg from clo south. As
O. t...1riL BY est 9l tie sam. .ifatfnl -0.n
soate abou; fifteen minutes. Tie gives this a Lie
According to this statement The Fla wlrey making
orr nearly bali tour nme5aiely preceding the co
ses N shore at the tho se bonn 70 lsn to DE- ea.tsrd
o. south oouTe eonseg ~uy, during al this hal hour che
shose which with the trend OF the couai half point west Of
south would tx tic lila 1.-y e, least e-i nil Ron .ls
H. no. hi. fe der9r.,r1ie. a teierrass evidence
fne position Of the TIE esthed
t alter lie couision ard before il cold have worked iu
sors Il has done O. al THIS wi'lc vas called on
was stated m answer 20 the nation lie Is CON-
frmed bv Cup, Lcfcver o. tie Norih sts who gives lis
course a. cbout five miles OF SHORE.
Upon Perde-ras rested lie responsibility q n-visairg h.
fhp tie tine u Wa r. watch on drcN IAe cpian haa
cpns tie rn O the North star steadily Ga bis eye, until
the moment Of collision 10 him. thereof mus, ne 20 p
look PRINCIPALLY i5- uch ii as IRE needed 70 auppt t-e
hbr fsd OF behalf Of TIE Via Warey. Il need nor Dee re-
pested thst hi' testimony 20 ineons.iert WIN ~ ni
aud vel proved fact A is untraswoly Bot there j.
another point IN which bis narrative l. vef unat.i coy
h. [ i.s, tIat v cn he IL 1t discovered H. bore
NON. or 5t end hsfou his starboard bow, and that hs
ne theory af tie Ela Waeys case shadowed forth IN
~ tird Article Of the libel fired III her behalf proceeds upon
lie ida that tho North STAR " leading On course tc u
the westward Of that parued 10y ne E!2 Nafey and t-u.
the fore- ahoyged ony her green GIT The NJe alleges that
fuch wa LeT cotIse ult icr sac lila W fel' -" e the sue
denly bore rapidly and sharply upon heg Now there j. 10
= IN tie case rlofe cleay proved than that he Moth Star
lrhs were al burning from tie time the sQ ce IN = s
a. csch otheI until tfi.igut Of collision M Neyuo'ds
.ed non Of the North Star just a!ier tine cion ooA place.
TIE INST head irh wassIso buying. Now Pcud-rs says
l the ge ,ht in his eve from tie no
til lie accident. II TINS be trae II j. dn.n, - see no"
the North Star could have apr scAed tn Ella Wey ~ -
bud wlSte well az her gFcen .lt % is Fis, -,
At least these Hgh mut al have been visible ior some
n re of time prior 10 e collision and H. hc sal ne was
A. tr stesly aud af1i0usy the North Stnr, how Is II
u, be fed TO these yts, the very objects which he
So 81 die stros ling steamer u Is dcu already
Remarked how the Moth star coma lave opp oeie
do IN te manner did without revealing her sts con
bdef5e distance Of but hi- difficulty ri3es so 70 a4 m
possibility IN view Of the proofs presented IN behalf Of the
tla Naey a. tie condition Of the ghiscleen Of the
North star.
Ech Of coUrtc are iboard considerably shorter than
tequFed by tie regulation IAs fact nstead Of piooalps
lor that tended 70 the accident would naturally
toh Star had been al by those in charge Of e Ella
"srgy It Is obvious hi Der lights woud have been re-
sesed much greater distance 70 any object wch se y az
tpproschng than they had been Of the u ensb required
p law 80 iaf from his alleged defect being injurious to the
Ila Wsrey woad have prevented, beyond al peradyen
ture the injury complained o. hsd those IN charge Of her
been attending o heir duty In view Of a thee iaci'
ia valley the evidence presented Ia her behalf alone
The Court ngs; then Iecuro the evidence adducei in be-
t Of tie North star In m cear consistent in oil material
bOn,s and furnishes fu and 4actoy explanation Of the