The New York herald., 1869-03-03
NEW YORK CITY.
axe COURrs.
rsTED STATES CIRCUIT c1UaT-,n ADMIRALTY.
The Admiralty Calendar.
Before Judge BlaLchtord.

The Admiralty Calendar.
Before Judge Batchiord.
At the opening OF the Court yesterday morning the
court calendar was called, the first case beng,
A Collision Casc--AIolion To Postpone.
DG1tfel GiDoyd Us. The Steamer M0ltd.-Tnls was
an action arising from q collision at sea, between
the steamer Malta and the schooner Emily GiIord,
involving damages to the extent ofsome s5u,ooo
The case being callel from the calendar Mr. LORD,
counsel for the claimants, applied for postpone
ment Of the trial in The absence OF witnesses, VINO
are ~ present serving III the Mediterranean.
Mr.. owen, Ior the lbellants, urged the Immediate
trial OF the cause, on lle ground tnat the case naa
been pending Tor q considerable length OF Time
since August, 1867; that since The cause OF ACTON
the witness had been more IMAM once VI tWice III as
port, and that counsel Tor the Claimants had com-
mItLed lacnes Ill not taking the testimony Oh MS
Witnesses that disentited nin TO the consideration
Tue Court said that in all admiralty cases 1t was
highly important thai testimony Of witnesses should
be taken Us promptly as possible, WnIe tne clrcum-
stances were fresh the Of the Witnesses 10
any occurrence that might be the ground oI an
ca asao IL annI ana led ,"r sIat nurnoe Counsel
for the claimants having laileu Ia taxing the test
mony OF nis witnesses wnen he could nave done so,
had committed gross iaches and the excuses now
put forward by him Ia support OF his application Tor
poslponenient was not that the Court could
accept. II IS very seldom thai counsel with 80
frivolous on excuse IS pertiuacious in urging it,
There Is not the slightest shadow OF an excuse or
pretence OF legal around, ior postponing the rial.
hearing OF the case TIL saturday
Collision Between the Schooner Transit and
the Pilot Boat A. Il. Stewart.
Daniel c. Chapman ct al. Us. the Schooner Tran
sst-Tne action In this case arises from collision
between the schooner Transit and the pilot boat A.
4. Stewart. The allegation and answer present the
following circumstances attending the collision. The
llbelants complain that in the regular pursuit OF
their business the said pilot boat lying hove to
Of Gan hau lUbfa IN
the morning OF the 22d OF May last the wind blowing
the time fresh from lhe northwest the boat head
ing up about north, with good and carefu Lookout
deck; that little alter sunrise the watch on deck
saw the schooner transit coming towards the
about Soos ". southwest BY south; that when the
schooner had approached very near to the pilot
boat and within lew lengths, sne suddenly
striking her on the starboard bow, carrying away
her bow spirit ana foremast, the latter falling on
deck and then dragged overheard. cutting through
the Dulwarks nearly TO the waters edge, cutting
away waterways, deck beams, plank bulwarKs and
CARRYING a. aw e
Ously breaking straining and inuring the said pilot
boat that the collision occurred IN the open sea in
open daylight with no surrounding object 70 OBJ
struct view Of the pilot boat and tnat said collision
was the result Of the careiessness and negligence OF
the people board the schooner, and that the dam
ages received and the loss OF time amounted to
The claimants answer, that the Transit was on
the morning In question, while ner voyage, well
MANNED appareiled, &C., with q competent man on
the lookout, aud The master at the wheel. The pilot
boat was considerable time before the COLI.
sion. she bore ABOUT two and half points on the
lee bow oi the schooner and was apparently stand
ing for her, and AS the two vessels approached 1t
up unuer the lee OF the schooner and speak her,
wnereupon the schooner, as It was proper to do,
kept on her to allow the pilot boat to come
up to her. That IL is the usual custom for merchant
vessels to keep on their course when making pilot
boat and not TO take measures to get away from
choice OF yming close farther or; with that view
and In ACCORDANCE with that custom the schooner
kept on her course. As soon as 1t appeared that
there was any danger Of collision the rudder Of the
schooner was at once put hard up and every EFFORT
was made to av0ld the collision on the part OF the
schooner; that the collision was caused BY care
iessness on the part or the pilot boat in not keeping
proper lookout, &C, and deny any liability to the
lUe ixnts 10 the premises.
Nsaa aaIl m