The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-10-04
THE LOSS OF THE HARVEST QUEEN.

CHIEF JUSTICE WAITE DIsMIssEs THE LIBEL
AGAINST THE ADRIATIo-THE STEAMER NOT
TO BLAME FOR THE COLLISION IN THE IRISH
SEA.
Chief Justice Waite has just delivered his deci.
sion and opinion on the appeal by tine hbeants in
the of the owners of the British bark Harvest
Queen against the steamship Adriatic. of the White
Star line. The suit was brought to recover damages
for the loss of the Harvest Queen and her cargo,
which resulted. alleged. from a collision with tho
steamship Adriatc, the night of December 81,
1875, i'll the Irish Channel. The Harvest Queen was
claimed TO have sunk almost immediately. though
on this point there some conflicting testimony.
1t was proved in evidence, however, that not .
human being saved from the lost
sci. The Adriatlc arrived in this port
early in January, and reported having been
in collision with unknown vessel at the time and
place in question. and having on board as memen.
toes OF the catastrophe small timbers and por
tons tackle that thrown her decks in the
collision with the unknown vessel. piece of
ships sigaboard with the letters "EEN" in gilt
letters was picked up some time afterward on the
Irish coast with some fragments of ships timbers
The belans introduced these facts to sustain their
claim that the vessel struck by the Adriatic on the
night in question the Harvest Queen. which was
then about due in Liverpool on voyage from San
Francisco, and which has never since been heard
from. The libelants asked tor $22O.O00 indemnity.
The case came up on appeal from decree Of Judge
Batchtord, in the District Court finding for the de-
PENDANTS
THE CHIEF JUSTICES OPINION.
Chief Justice Waite gives his opinion as follOws:-
Many OF the facts disputed below have not been ques
toned here The claimant does not deny that the vessel,
IN sa s M m
collision The beiiants eonceas that il the Adriasie
she making little headway The controversy
the XdrStie its distance the time sppsared ths Change.
In color and bearings and the Of the AdiiAie
bearing cannot be relied on in al eases with implicit con.
Judgment Of witnesses about Of which
% that made as " e "
or less influenced by what afterward happened
until after ays bells haipasi csioefs IS being
log Shows that the Of the nrst
after seven minutes 70 three This was
tho light was first seen a. minutes to three
discovery OF the Harvest Queens light and the time when
it was deemed safe after the collision to stop backing the
to be done to save life property The vessels light was
The high and the vessels unsteady
M nss an hal. sss wsas
color the first and third officers testify that It grsen
Ali agrees Sr.s appeared
site The Adratic going from and the Har
vest Queen to Liverpool The Adriatic being steamer.
beg The Harvest Queen having the wind Free and being
:" shape her course 50 as she could eo
yencny track of the Adriatc between Comm.
upon course little to the Harvest
Queen would take in coming from Queenstown This
would naturally place the Harvest Queen, before she
Of to s sS %s IL on
unless she heading outside OF the
The light either red Whether the one or
the could alone by and i'm.
preston the time would be likely to continue
1t Is because they intentionally
falsifed-a thing certainly not to be presumed That
light time before tte collision Is to
be disputed there doubt that IL first appeared
There doubt that the Tor
time after seeing the light without changing her
course speed. The hrst to port
the presun is that what ought have been done
done the moment. 1t is seen that the Adriato
kept full speed four minutes after tho light
first the vessels during that time having been
the distance between them combined speed
OF full twenty miles hour or about mile and third
In four minutes From all the evidence with regard to
appears that the wheel OF the Adrac ported ut twen
tyone minutes three o'clock and that the collision
from fifteen minutes to three to thirteen minutes
throo o'clock.
After a further review Of the changes in the move.
ments OF the Adriatic and of the testimony of the
witnesses to other points Of importance the
Court said -
1t is very remarkable fact under the circumstances
which have existed that hail heard
from the deck the ship before after the collision
could have had her proper complement OF standing
watch and attending TO their duties at the time Con-
fssedy considerable time elapsed between the conson
the final disappearance of the shenough certainly
have given opportunity to lower her boats X
the had been their posts But IL is not inten-
look for the faults Of the ship place the decision
the is tree IRON blame decree may be prepsreo
Diminishing the libel. with costs In both courts