The New York herald., 1869-03-05
BROOKLYN CITY.
THE COURTS.
UNITED STATES DISTRICT couRr-M ADMIRALTY.
The Ship Hudson W. The Ship Midnight.
BefOre JudQe BENEDICT.

The Ship Hudson w. The Ship Midnight.
Before Judge Benedict
Henry Hastings ct al us. The Ship Hudson, Wna.
D. Morgan u.s. The Ship Atdntght. testimony In
this case was taken several months ago, and the
argument was had yesterday afternoon. It was
cross libel action to damages occasioned by
collision between these two vessels in May. 1857
The Midnight was lying or the Battery midway
between Governors and Ellis islands. The Hudson
was lying two miles further down the channel.
Inc WIND was south southwest, the tide ebb and
twelve O'Clock the Chamberlin one OF the most pow
erful tugs In the harbor. came alongside the Mid
side OF the ship but, finding It impossible to swing
her around as was intended, she went ahead and
sn@ and ts n 70 the The
nearly mile while turning In zigzag position.
The Chamberlin having swung under the head Of
the Midnight found 1t impossible to straighten ner
out so as to get directly behind her. The TWO
vessels drifted down half a mile further in
this way, at which time they were within half
q mile OF the Hudson, when it was thought that a
continuance in that course would ulayolaby result
anchor on The bottom and haa as s beon e sSs nep m
tow OF the Starbuck, another tug, and was moving
through the water slowly, when the Midnight found
collision imminent, and her pilot gave Instructions
to the Chamber!in to make rank sheer to port.
He set ms b and took out his flying jlb and rank
sheer was made by the Midnight and Chamberlin,
and they ran directly across the tide but the Hudson
forged ahead and a collision between Inc two ships
ensued. The bow OF the Hudson struck the. Md
night on her beam so heavy blow az TO roll her
over six streaKs. Both vessels were disabled and
damaged to the amount OF ABOUT $26, 900.
The counsel for the Midnight, in arguing the case,
claimed that she was without fault, having done all
that she could TO avoid the accident. The collision
CSamberlIn and the Mduirt ana the impossibiIiy
OF Strengthening them out. When they found they
could not 20 to the whdward on this account 1t was
good seamanship 10 go to the eeward, and in doing
SO they were aczng In obedience to the nineteenth
and twentieth articles or the act OF Congress in
gard to the navigation OF vessels. he also main
tanned that the Hudson should have ported her
helm. Finally, 1t was claimed that 1t was an acci-
The counsel Tor the Hudson claimed that the MID.
night was ut fault In attempting to go 10 the lee
ward at ALL that the thirteenth rule conpeIs vessels
meeting starboard TO port their helms and pass on
the starDoard side OF each other. Had this been
done the collision would not have occurred. Hav-
ing failed to obey this rule In attempting to pass TO
the leeward 1t was incumbent upon the Midnight to
show that there was some special circumstance
lne h ol .ne rue 1h No scn as cs
clearly responsible for the collision.
Decision reserved
Emerson, goodrich & Wheeler, for the Midnight:
Beebe, D0nahue & Cook for the Hudson.
Collision in the East River.
The Harlem ana Ne,c York Navigation Company
rs. The Steamboat State OF Nelc YorE.-The libel
lants, the owners Of the Sylvan Stream, q steamer
plying between New York and Harlem, brought this
action to recover $500 damages done the above ves-
sci by the State Of New York on the 18th Of June.
1867 in collision that occurred Just rs the former
vessel coming into her slip at pier "a East river,
and as the latter was leaving on her "trip to Hart
ford. The answer was that the Sylvan Stream had
always been in the habit OF waiting out IN the chan
nel until the other vessel came odt. When the state
OF New York started out the Sylvan Stream was 200
feet distant from the pier. II due attention had been
paid the signals OF the pilot OF the State OF New
York the collision would not have occurred. De-
cision reserved.
Benedict 4 Benedict for libelants J. W. @. Lever
idge for respondents.
COURT CALENDAa-TnlS DAY.
CITY CoURr.-Nos. 80, IS. -, as, 81 SO, 5s. co. o.