The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-13
NEW YORK CITY.
THE COURTS.
United STATES CIRCUIT couar-M ADMIRALTY
Appeal In Adniralty-Decisiou.

Appeal In Admiralty-Decisiou.
Before Judge Nelson.
BENJAMIN r. T0cn et al. Us. The Steamship Western,
Aer0p0ns.-The collision in this case occurred be.
tween the steamer Western Metropolis and the
schooner Mary @. Town, about eight O'Clock In the
evening OF the 10th OF February 1884, on the Poto-
mac, few miles above Blackstone's Island and
lighthouse The steamer was coming up the river
and the schooner going down, the wind northerly 80
about eight knots an hour; the steamer half speed
intending soon 10 anchor about five knots The
night was not dark the steamer having been seen
schooner, and the schooner some one and a half or
two miles-though there Is diversity OF opinion
among the hands on board-by the steamer. Each
vessel, however, saw the other In time to adopt and
follow out proper measures to avoid the disaster
AS Il was the duty OF the steamer take care OF the
schooner and avoid her In passing assuming that
she kept her course the onus upon the steamer
70 show fhat she did not keep IT. or some other fault
undertaken. and insists that she changed her
course as the two vessels approached each other and
thereby nssS Se defeated a Us q steamer to
passing under her the schooner's) stern, the latter
p9g.sas aaRqt the same time and gving way in the
poson Se con mt Ssas 9SS aS es 8 gSn A
fault and dismissed the libel ON this ground. After
the best examination we have been able 70 give the
case we regret TO say we cannot concur ID this 0ptn
Ion. We are forced to the conclusion that this move
ment OF the schooner was made under impending
danger and IN errents, ana for which the steamer
must be held responsible. The clear weight OF the
proofs Is that the steamer within from 80 to 400
yards OF the schooner when the latter ported her
helm and nearly dead ahead. The combined speed
OF the two vessels was about twelve thirteen miles
an hour. They must have come together In one and
q quarter Of . minute, or less than two,
The second mate OF the steamer (Cowen) says that
he went up the forecaste hearing the schooner
about five minutes after he her the collision oc
cured that the schooner was about quarter Of
%e OIL when ZEN he FIRST saw her that she was very
adds-"As near as can Judge she the schooner) was
not more than the length OF our ship-250 or 800
feet-when she altered her course"
The second mate OF the steamer says that the
schooner was only $50 or 300 feet or when the change
man Say that the SCHOONER did not change her course
till after the captain blew the whistle. This witness
also says that the schooner was but very short dis
blown very short time after this; that IL was still
later when the schooner first changed her course;
Tnss ne dG not starbSard her helm and Of
after the whistle was blown The pilot Of the steamer
agrees with the hands ON the schooner that the lat
ter was not over 300 yards OF when she changed her
course and according to his account of the transac
ton, the schooner, when her light was first discover
Of anchor and that they steered Directly toward her
M 5asy dsc9 eve she was under ya when they
her change Of course that there was not only wen
grounded fear q collision. but that there was
The river at the place Of the collision is from four
70 aye miles wide. There was THEREFORE no excuse
In passing her. There was abundance OF room clear
Of all obstructions, to have passed, giving to her
was not discovered by the steamer till vely near her
The master would not say . mile on though strongly
Although the 0 evening Was n not dark and vesses
lights gould have been seen two or three miles with
ont dlfleulty. Some II feeling seems to nave e.