The New York herald., 1869-04-22
sRooKLYN CITY.
TIE CClRTs.
UNITED STATES DISTRICT COURT.
Collision in the East River-Action for
Damages.

Collision in the East River-Action for
Damages.
Before Judge Benedict.
John W. Petty, ct al us. Henry B. AerTiu, ct 0l.-
Respondents the executors Of the will OF Elisha
8. Chapman, deceased. Lbellents are the owners OF
the schooner Mary Eveline. On the Goth OF Septem-
ber, 1soS as set forth In the libel this schooner was
beating down the East river, the wind being at the
time southwest and the tide ebb At about two O'Clock
In the afternoon, just after leaving Mker's island.
she took on her way TO New York the channel to the
east of Blackwell's island, having the Hawley, an
out her tack to the eastward and ran as near the
west shore OF Long Island as possible. The Hawley
being ahead went about on her westward tack and
toward's BlackWeps Island, and was just about TO
go on the eastward tack as the Mary Evene went
about. To avoid the Hawley became necessary for
to 60 to the eeWard and sa ssern Of 'aSn the
Hawey. This was done, ana just as the Eveline had
ne seea stern the hswe the SoP aS
to the east OF Backwell's Island. with her boom on
her port side, with both MAN and b sails set and
was making six or seven knots an hour. She was
about 100 yards OF the port bow Of the Evene,
which was now coming about and following the
sheets Moving. The Ethan Allen, as alleged, instead
OF on keeping eapp6g out OF the way, ran d under
striking hr caead 'e asanst the sere
the Eveline doing her severe injury. The action
was brought to recover $2 100 damages arising from
answer set was that the collision was the result oil
the carelessness and mismanayement Of the Eveline
and not OF the Ethan Allen. The version Of the acct
dent given by the defence Is as folews-On the day
In question the Ethan Allen was bound from New
Jersey to Connecticut with cargo Of clay and sand.
ABOUT TWO O'Clock she arrived at the southern
tremty OF Blackwells Island and attempted to pass
through East river on the east side Of the island
against strong ebb tide and the wind
In The south southwest blowing a full sail
breeze. 10 take advantage Of the eddy tide
she stood along Blac&well's Island only fifty to
seventy-ive feet distant. At halfpast two O'clock
having made about half the length OF the island, still
standing along very near the Shore with her boom
on her port side, and still In the eddy she met two
schooners beating up the river towards New York.
on the same side Of Blackwells Island, and at the
time standing across the river to the westward. The
foremost and Wndward OF the two schooners beat
out her tack, and went about just abreast the
Ethan Allan and at safe distance from her, but the
other schooner the Mary Evene, stood along to tn
eeward; and after the Hawley went about, was in
such position and direction as to prevent the
Ethan Allen lufing or avoiding her in any other
way The Eveline continued her course until ar
riving at point ahead of and or the starb0ard bow
Of the Ethan Allen when she put down her helm to
come about and while in the act OF lulng into the
wind ran into the Ethan Allen, striking her at the
,athead on her starboard bow, crushing In her
planking In such manner that she sank and be-
came total loss Case still at the rising of the
court.
F. A. Wilcox for libellants r. II. Huntley for re-
yp0ndentS.