New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-07-22
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OFFICIAL J0ARNAt Of THE UMTe0STATeS
OFFICIAL JOURNAL Of NEW ORLEANS
THE LATE STEAMBOAT RACE
The Pilots of the Matches Sued fol
$4,000 Damages. -... .'.
A NEWSPAPER CORRESPONDENT SEEKS
REDRESS FOR ALLEGED LIBEL.
From the st. Louis Democrat.

steamers r. E. Lee and Natchez would hav
a trial of speed from New Orleans to thi
port the publishers of the Republican sen
Mr.. John C. Kay down to New Orleans
with instructions to come up on the tastes
boat. 1t was thought, of course, the Nat
chez would beat the Lee, and Mr.. Kay hat
his hat chalkcd on that boat. Mr. Kay was
known to be an fat in horse racing
and his employers supposed he must
necessarily be posted in regard tt
steamboat racing. He could tell when
there was foul riding, and of course must
be judge of foul running on the part of a
steamboat. No man was better able t.
decide when a horse "hew the track" and
saved distance by ''squaring the circle" and
cutting across the field, and why should he
not know when a steamboat dumped q
bar" saved time by running through the
woods to avoid a bend, and accelerated her
speed by taking another boat in tow! All
things considered. probably no man in the
Union was more fitted to judge of the race
between the Lee and the Natchez than the
correspondent selected by the Republican.
He had not been ON board the Natchez ten
minutes before he had the pedigrees Of
Captain feathers, the pilots, engineers,
cabin boys and chambermaids at his fingers
ends.
Unfortunately for the enterprise of the
Republican, Mr.. Kay "bet on the bob-tailed
hOrse"-or rather, he got on the slo,c boat
Consequently his telegraphic reports, sent
from intermediate towns, were about an
hour later than those sent from the Lee,
and he "played second fiddle" all the way
up. The Republican was sadly beaten by
the Democrat in furnishing early news of
the race, and Mr.. Kay came home feeling
very badly. He took his revenge by at
tempting to throw the blame of the defeat
of the Natchez upon her pilots-charged
them with failing to run through chutes
that the Lee had taken with following
bends that should not have been followed,
and with stopping" 'backing," running
on one wheel" etc. The pilots, Messrs. 4
Frank M. CaytOn and NJ. Burnham-men
who stand at the head Of their profession
met Mr.. Kay after his report was published,
and in the interview applied to him Ian |
guage more emphatic than polite. Mr.. Kay
(they ASSERT promised to retract the dam
aging accusations, but failed to do SO. A
card, with the names Cayton and Burn
ham attached, was then published in the |
Times denouncing Mr.. Kay as q ''perjured |
scamp" etc. We are informed that this |
card was not written nor signed by the ri !
lots, but that they authorized friend to |
write and publish something of the kind |
Whether they can be held legally RESPONSE
BILE for the publication, remains to be seem
At all events, Mr.. Kay has ''tried it on"
and yesterday caused the pilots to be sued /
for ~, 600 damages. The following is his
petition: -..
j. C. Kay Vs. Cayton and Burham-libel-
$4,000. State Of Missouri, county of st.
Louis. In the Circuit Court of st. Louis
county, October term, 1870. John c. KAY
VS.. Frank NJ. Cayton and Mort Durham
Petition.
Plaintiff states that ON the seventeenth
day Oh July, A. D.. 1870, at the city of st.
Louis, county of St. Louis and State of Mis-
G0nrI dnfnnhonfs mill Full
cious spoke, uttered and caused to be pub
!lshed in the Sundays issue Of the St. Louis
Times Of July II, 1870, the following false
and slanderous words, of and concerning
the plaintiff, to wit:
ITO the editor of the st. Louis Times:
"Mr. Kay, who pretends to be gentle
man, having, without any cause or provo
cation, assailed our characters as pilots in a
to the St. Louis Republican.
afterward promised to retract the same
through the columns of that Journal Hay-
ing failed to do sO we wish it distinctly and
emphatically understood by every person
that he has published willful and mali
clous falsehOOd in regard to the plotting of
The steamer Natchez; and, furthermore we
1enounce him as perjured scamp, and not /
worthy of the notice Of cur dog. i
FRANK NJ. CAYTON. !
mort BURNHAM
|
Plaintiff states that the defendants well '
Inew at the time they spoke, uttered and t
aused to be published the said slanderous +
words, that the same were entirely false /.
nd unfOunded, and that they caused the
anne to be published with the intent ana Il
purpose of injuripg the reputation and b
haracter of plaintiff. That they well knew
hat plaintiff had not communicated to the
Repssblican anything in reference to the e
Han 70 f1ufvu Of |
nd false character. That they well knew q
t the time they spoke, uttered, and caused =
} be published in the st. Louis Times, the =
alse and slanderOus words Of and concern
lg the plaintiff, that they, the defendants. o
ere guilty of gross carelessness and un- p
killfumess in the plotting Of the said
Natchez in the late race with the G
laces on the river the said defendants, as G
lots Of the Natchez, might have gained q,
uch time for her in taking ''chutes" and o
vOiding "stops" and 'backs" That at a
land No. 81 the said defendants as pilots
the Natchez kept round the bend r,
hen they might have taken the u
lutte and saved time and distance. That 81
he said defendants, as the pilots of the p
atchez, well knew that the steamer Robert IN
|. Lee drew one foot more water than the :.
atchez, and that they had good reason to 81
elieve that the Robert +. Lee had PASSED p'
p the chute That at Montezuma the de- n,
ndants, as pilots of the Natchez, took her Il,
'ound the bend of the river, when they had ~
rod reason to believe that there was suffi- II pl
emit water in the chute to take her through OIL
and saved distance and time. That at a
aw Paw Island the defendants, as pilots of -.
ne Natchez, stopped her starbOard wheel; u
Island No. SO they stopped her once and nc
"a to back out of the bank; that just above ju
Paddles Hen and Chickens" they had to | In
op her and back her out twice at Eliza ~
ey ran into shOal water, and had to back "
from bar; at Dog Tooth and Hackers til
md there was backing of starbOard wheel be
keep from striking upper bar; that they .,
ruck the bottom, backed off and finally w
opped on account of installing the chan ST.
4; at Liberty Island there was a stop and La
back; at Genevieve bend one stop: at of
title Rock stop of the larbOard wheel to :,
void turning. All of which stopping and GU
acking might have been avoided had the W
slendants executed more skill and judy fir
y That the defendants well knew that plain :,
II kept true and fair record of the time 81
lu travelling of the said steamer the Sc
atcheZ' ana that no communications We're to
aoe ny the plaintiff of her movements and 4,,
' Eo eXcepe such as actually occurred. -
IalhuH 1ufther states that the defend pr
ITS, well knowing these facts smoke nj TO
red and caused to be published the false ~,
ID slanderous words against the plaintiff e,'
heretofore mentioned, and with the w;IifnI alb
M mahclous intent OF injuring plaintiff
reason and means Of which plaintiff savS ba
, has been and is damaged to the amornt Ia
$20,O0O, for which he prays Judgment and oe
'sts. W. H. H. RUSSELL, ira
Attorney for plaintiff tn
In connection with this case. we learn on
at provision has been made by Mr.. Kav hi,
r whatever amount jury may give and ~,
aptain John B. Weaver SO we'll and e. th