Savannah morning news. [volume] (Savannah) 1868-1887, 1882-02-18

Damage to she Brig "PepeH-Tne
Case Against Capt. Nicksraon.

Editor Morning Meas: Please allow me q
small space in your paper to make state
ment Of which should like the public to
Judge. It is q few words about the brig
Pope and the steamship City Of Augusta.
Captain Battle, of the aforesaid Spanish
brig Pope, complained that Captain Nicker-
son was running the City OF Augusta at too
great speed, thus, at the fsme time, viola
ting the city ordinances and injuring the
brig. He, therefore, made an affidavit Of bis
complaint before leaving port. The aflda-
Wit reads thus:
Mr.. jaime Battle, Captain of the Spanish
brig "Pepe." personally appeared before
me, Frank Z. Rebarer, Notary Public OF Sa-
vannah, county of Chatham, and deposed
that, con the 5th inst, about $50 O'Clock a
m, the steamer City of Augusta passed at
great speed. The strong current which she
caused, broke the checks and taffrail Of the
brig in mY command, which was moored
with strong cables to the wharf Of the Up
per Hydraulic Press, in which place she has
been ever since the beginning Of December,
without until now having sustained any
damage from the many steamers which ply
up and down the Savannah river. In my
opinion, said steamer was going at greater
rate Of speed than four miles per hour"
Mr.. Jose Viuolas, mate of said Spanish
brig "Pepe," also appeared and said that be
fully Endorsed everything in the preceding
statement, and further added, that in his
opinion the steamer City of Augusta was
going at the rate of five and half or six
miles per hour, but certainly sWears that it
was more than four miles.
The amount of the damage sustained Is
$44 so (tortv-four dollars fifty cents), which
the Captain has been obliged to pay.
(Signed) JAIME BATTLE,
Master Spanish brig Pope.
(Signed) JOSH YINcLAs,
Mate Spanish brig Pope.
Sworn and subscribed before me this sew
enteenth day Of February, 1882.
(signed) FRANK E. REBARER.
n. P. c. c., Ga.
The case was put on the information dock
ct and yesterday brought before the Mayor,
who dismissed the case, stating that there
was not sufficient evidence sgainst the City
Of Augusta.
We beg the public, aud particularly the
Captains of sailing vessels at present in port,
to acquiesce, as we do not wish to disagree
with the Mayors decision.
The evidence Of Captain Battle, and of
his mate, Ninolas, was too poor to sustain
the charge, although Captain Ten Brock
and Captain j. X. Reilly were ready to
months properly moored, and never injured
before by the numerous steamers passing
alongside of her. Their evidence was still
too weak. although Mr.. Thomas Gibson was
ready TO swear that he had charged S44 so
to repair the damage done by the City of
Augusta.
1t was even too feeble, although Mr. w.
Kent, Waterman Of the Upper Hydraulic
Press, witnessed the whole occurrence on
the morning of February 5th. (Mr. Kent,
though summoned, was not present, but the
Mayor did not ask his whereabouts. Per
hsps he thought the statement of tine watch
man of a cotton press was of no conse-
quence
On the other hand, Captain Niekerson
swore that the City of Augusta was running
at the usual rate Of speed, and that was
sufficient to dismiss the case. OF course
this evidence was strong enough, in the
opinion Of the Mayor, to warrant the case
being dismissed. G.. J. GAHoNA.
Satdnnah, february 18Th, 1882.