Wilmington daily commercial., 1874-10-05

state that appreciate fully, hope, the respon-
sibility you have seen proper TO place upon me
in n matter so full of interest to yourselves.
From the evidence produced at your meeting
ON Saturday evening. it appears that the col
lision which occurred between the boats of the
Undne and Bachelor crews was purely accident
al, and occaaioned by the fact that one of the
buogs which bud been placed for the turning o.
the boats, viz the one Oh the uorthehy side of
the creek, having SUM, confusion was thereby
created III the minds of the Captains of all
the crews which led the Bachelors, who
were leading at tho time, to turn at a point
where they sui posed their buoy ought to have
boon (see statement Of Mr. Campbell), the Un-
Dimes TO turn the buoy which had been placed
for tho Bachelors, and the Pioneers to turn the
buoy intended for the Undines (see statement
Of Mr. Miller) all supposing that they were turn
ing on their proper buoya, except the Bachelors,
who, supposing there was no buoy for Them
selves, were dong the best they could without
one.
Unintentional as it evidently was on the part
of the Undino crew, the fact nevertheless re-
mains that they were not in their own water at
the time the fouling took place butin that OF the
Bachelors and being no, they were, under rule
Sth OF your Navy, st their own peril and risk and
liable for any mlshap occurring under such cir
cumstances.
These being the facts in the case as between
the Bachelor and Undine crows AZ l understand
them, it only remains to review the evidence III
the contest rs between the Bachelors and the
Pioneers and in doing 10 call your attention to
your rule 18th which reads as follows "If in
any race in which more than two boats start a
foul takes place and the boat adjudged by the
Umpire to have been fouled reaches tho win
ming post first, the race shall be decided as the
boats come in, bat il the bJat fouled does not
come in first, or il the referees are unable to
decide that the boat which came in first had a
sufficient lead at the moment Of the foul to
warrant the race beng assigned to it,.
That the Pioneers boat came IN tirst II un-
questioned. Had she sufficient lead at the
moment Of the foul to warrant the race being
assigned to her? To this question beg your
careful attention and refer you to the evidence
taken in connection Herewith. Mr.. Miller says
the Bachelors were one and hall
lengths ahead of Undines, and Undines' bow
four feet ahead of Pioneers bow as tho boat
passed Walton & Whann's wharf, about two hun-
dred yards below the turning buoys." MIR. jack
son says "turned the buoy as closely AZ We
could and in making turn were run into BY the
Bachelors boat ut the time of the foul tho Ua-
dine had the lead of tho Pioneers" Mr. Camp
bell says " OH arriving at the turning point
found that there was no buoy for us,
turned our boat "a nearly as wo could at
the point where the buoy ought to have been.
We're lree lengths ahead OF Undines at tho time
Of commencing to turn. MI. Warner (refer1ee
stationed at W. Il W. bridge) Hays ''in passing
the bridge the boats were Bachelor first, aud three
lellkIub hnthu VI tlOllCtib dilu OuuluCb Mltltl
were oil line as near IN | could judge" Alr.
Smith says .'the Bachelors were ahead and
commenced to round first. Tho turning of the
Pioneers and Undnes ,cds exactly at he same
time While turning l heard crash and
raw the prov OF tne Bachelors had come
in contact with the side of the Undines." l
think the latter clause of rulo 18th rs clearly in
tended to prevent any advantage accrulDg to any
one or more competitors IN race by reason OF a
fonling by or between any others in tho same
race, aud i'll order that such advantage may not
be thus gained, the rule, to my mind, distinctly
provides that ''nt the moment Of he f0uL' the
lead OF such boat shall be 80 great to leave No
room for reasonable doubt that she would have
won the race if no foul had occurred aud gained
no advantage by reason of the foul. The owl
dence, as view it, does not establish the fact
that the Pioneer crew gained no such advantage
on Saturday, but Oh the contrary it s III evidence
that the tlller ropes ef the Bachelors'
boat became entaugled and that she was
otherwise hindered by reason ol
the foul. This, taken in connection with
the fact that the boats were close together at
the moment OF the foul, make it clear to my
mind that the race cannot in justice be decided
in favor of the Pioneer crew, Notwithstanding
tho fact that their boat came to the winning post
frat.
1t romans, therefore, for me to Announce the
decision which, i'll my Judgement is the only
one the case will admit Of, namely, that tho race
bo rowed over again, and [ 70 decide In the
meantime hold the champion flag subject to
your order Yours very respectfully,
w HA4TINDS lImplrp.