The Portland daily press., 1874-01-09
CITY AND VICINITY.
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BEFORE JUDGE FoX.~

THURsDAy-In Admiralty John Pettigrew ct ais
schooner starlight" Collision The libel claims
in substance that the 14th of November 1873 be-
tween four ana five o'clock a. m. the schooner Thorn
as Fitch, of which John Pettigrew was master while
on voyage from New London, Conn, to Tangier
Sound, and when about twenty miles south of Cape
Henlopen run into and injured by the schooner
starlight that at the time of the collision the
Fitch had the lights required by law, set required
by law and burning brightly; that the mate was at
the wheel and a competent and careful seaman on
lookout; that at the time of the collision the wind
was about northwest blowing a stiff gale and the
Fitch was heading about west southwest close haul
ed on the starboard tack under close reefed main
sail and jib, and going about and half knots
That when the Starlight was first she was head
ing about northeast by NORTH having the wind free
and coming directly towards the Fitch the port
how; that she had lights the time and was not
seen until quite near, that instead of avoiding the
Fitch, she was Bound to do, she came in contact
with the Fitch carrying away the fore and main rig
gng her port side dwelling her bulwarks and tear
ing her chain plates off, that to their lives the
crew of the Fitch were obliged to go board the
Starlight and requested said schooner to lie by the
Fitch until daylight. which the master of the first
consented to do, but did not do; that they have not
seen the Fitch since the collision and are, therefore,
her; but they informed and believe that she has
been picked up at sea and brought into Delaware
Breakwater The whole amount of damage is alleg-
ed to be five thousand dollars.
The answer of Stephen JONES' master of the Star
light sets out in substance that the Starlight
bound from Georgetown, d. Co. to Portland, laden
with COAL that the morning of the nth of Novem
ber at about three O'clock the master relieved the
man at the wheel and ordered him forward to in
spect the lights and call the watch to furl the flying
jib and reef the mansail; that the wind was north
west by vest that Immediately after the men had
completed the furling of the flying b and before the
reefs had been taken in the mainsail, the Fitch sail
ing southwest by west course, ran into the jib-
boom of the Starlight, breaking it and otherwise in
juring her rig ling and became enangled in the head
gear of the Starlight that the collision of the two
vessels wholly in consequence of the careessness
of those in charge of the Fitch; that after the str
ing of the bboom of the Starlight by the Fitch any
further damage to the vessel except what caused
by the striking, might have been prevented but for
the orders of the master of the Fitch that before and
at the time of the collision the schooner Starlight had
her proper lights placed required by law and that
the same were burning brightly before and after the
disaster occurred; that after the collision the officers
and crew of the Fitch aboard of the Starlight
but that such course was not necessary were
they in any danger of their lives, but could have
properly remained on beard their vessel and had
hey remained their vessel the two vessels could
have been parted with little injury to either vessel
that after the collision the wind increased to gale
and the vessels parted deeming it inexpedent and
unsafe to remain longer together; that at the time
and before the collision the Starlight not in such
position to require her to avoid the Fitch, but
the contrary it the duty of the Fitch to have
avoided and gone clear of the Starlght that in
sequence of the collision the Starlight was damaged
to the extent of $780,
The Fitch was oyster schooner of 81 tons. in bal
last and the Starlight laden with about 400 tons
of COAL Testimony tor the claimants in progress.
A. A. Strout-J c. Dodge for libeants.
Clifford for claimants.