The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-08-25
The Lost steamer City of Boston-The
Inman Libel Suit.

Line, TO which belonged the lost lily OF Dos
ton, have brought an action in the Court of
Common Pleas in England, against BESJA-
MIN GEORGE JENKINS, for en- alleged libel
This libel was in reference to the loss OF the
City of Boston, and was contained in letter,
in which the defendant made various allcga-
tons highly injurious 10 the plaintiffs.
1t will be remembered that the City OF
Boston, on her last trip, touched at Halifax,
and sailing thence on Friday, the 2Sth day
of January of the present year, has never
since been heard from. As the libel said to
have been contained In the letter of Mr. JEN-
Krss was substantially a statement that the
steamer left this side of the Atlantic in an un.
scaworthy condition, q very considerable por.
ton of the evidence in the case could neces-
sarily be obtained only at Halifax. A man.
damus was therefore issued by the Court Of
Common Pleas IN Englsnd to the Supreme
Court of the Province of Nova Scotia, under
which great deal Of testimony has been
taken on behalf both Of the plaintiffs and
of the defendant
From the printed pamphlet containing
this testimony as taken before the Nova
Scotian Judge, we have asccrtained the facts
which follow. We do not desire to comment
on the evidence. The suit is. 20 far os in
telligcnce has reached us, yet pending in
the English Court and no fair opinion
could be given Of the merits Of n controversy
in which but part Of the whole evidence
has been submitted. Yet 80 great is the
interest attached to the fate Of the City Of
Boston in this community, that the public is
eager TO know any new fact which may
throw light upon it. We give. therefore,
IN impartial statement of the substance Of
the evidence on both sides.
For the plaintiffs twenty-five witnesses
were cxamnod and ffty-thrce testified in
behalf of the defendant. II 10 evident that
the defence proposes to prove the truth of
the alleged libel.
TIE pilot who took the City Of Boston out
Of Halifax harbor the last time she ever
left that port says that she appeared to him
in as seaworthy condition as any ship that
ever came to the wharf; he is certain that
she was no, deep, and says that if she had
her
The Hon. CHARLES TUrrER, the President
Of the Privy Council Of the Dominion Of
Canada, was passenger on the lost steamer
on her last trip from New York to Halifax.
He remarked that the passage was unprece-
dentedly short being only abou, forty-eight
hours in duration. AZ far as he could judge,
everything about the ship was in good con.
dition aud this fact and the steadiness and
attention Of the captain and officers 20 their
duty made him very unwilling to believe
that the ship had been lost, or to give up
hopes of hearing from her.
The captain OF the steamship City Of Hall
fax, of the same line, swears that he ex-
amined the City of Boston minutely while
she was at the wharf, and that he never saw
in his life a ship in better trim for an Atlantic
voyage. He considered her lightly loaded,
and says that he has seen her moro deeply
laden for a winter passage: if she had been
twenty four inches deeper lie would have had
no objections to go home in her
A number Of witnesses were examined to
show that the cargo put on board the steam
or at Halifax was principally light military
luggage that her red line was visible above
the water while she lay at the wharf, and
that some barrels taken on deck were so
carried instead of being slowed in the hold
because they were wet freight, and not be-
cause the ship was too full to put them be-
low. Much more testimony was also Addeced
to show that the steamer WAS in what is called
good trim-that is, loaded 80 as to float in
the proper poeition-and that she was not
too deep. All these facts were sworn to by
witnesses in behalf Of the plaintiffs and by
some Of them very strongly and emphati,
cslly.
For the defendant, the Very Rev, Or. HAN
NAN, Vicar General of the diocese Of Halifax,
swors that he saw the City OF Boston on the
morning she sailed. and went on board hcs.
He thought she appeared TO be very low in
the water he has seen a good many steam.
ers leaving that port. but this one was lower
In the water than he had ever seen any
steamers of the InmAn line before. Another
| witness, Nova Scotian ship-owner, who
was Il passenger on the steamer from New
| York to Halifax, testified that lie thought
che was too deep on leaving New York, and
| spoke Of IT to friend on board, an old ship
master. He felt some anxiety as to her con
dition. From the second officer, he learned
that new screw had been put in, hav
ing a fan of only two wings, instead o
three, as she had before. lie heard 1
| peculiar noise at every revolution of tho
screw, and was not easy on board the shiI
| that night. Although he had travelled il
ocean steamers, lie thought he had nevel
made a trip in one 80 deeply laden as thu
| City Of Boston.
PnHIP H. WARNER, a machipist who wa
in the habit Of visiting the steamer almos
every time she came to Halifax, went oil
board to see the chief engineer the day befor'
she sailed. lie went into the engine room
with that officer, He saw that her shaft haC
been heated, and had some conversation IL
| rcuard To that fact As the statements mad