Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1885-01-10
LAWS OF ACKNOWLEDGEMENTS DECI
SION
u. S. District Court ut Alexandria,,
January 10Th 1881

January 10th, 1885.
Shirley J King vs. the schooner William Oil
YER. In admiralty in cause OF collision
The schooner Mechanic was lying at an
Choir when this collision occurred, i'll II or
u feet of water, about two miles below Ma
ryland Point, in Potomac river, and about
l25 yards inside the second red buoy below
the Point. The place where she was lying
is shown by the chart to be in line drawn
from the first Of these buoys to the mouth
of Napemoy creek On this line the water
Is shown by the chart to be nowhere less
than 81 feet, and in much of the distance
exceeds 10 feet deep. When Sail vessels are
running down the Potomac river under
stiff breeze from of the Maryland shore
they hug the shore as nearly as practicable,
and pass along the course Indicated by this
line.
The schooner Mechanic was lying in the
chauDo on this fairway. The term chan
mel sometimes refers to the current OF run
uing stream, and means thai part of the
stream in which the current flows. But In
tidewaters the term refers to the movement
OF vessels, and means that part of the water
on which vessels move. A fairwayis water
on which vessels habituaiy move. Buoys
do not mark The limits Of channel as to yes
sells of lighter draft. They are usually
placed at the edge OF that part OF the chan
mel in which the water is deep enough for
vessels of large size and greater draft.
There il no law of navigation requir-
lug vessels Of light draft to move outside OF
tuoys The Gus! OLE Of sail vessels of light
draft is to get as hear as practicable TO the
wiadward shore and i'll doing so they habit
ualy move inside of bouys. 1t is erronecu~
to speak Of ten or twelve feet Of Water, Oh
which taey babilually move as fats.
Nor ero lh- sailing dir. ctioas found in the
oflical publications. of The government laws
Of navigation. They are intended more es-
pecialy for tho guidance of masters VINO ale
unfamiliar with the walters described.
They are advisory and not imperative.
Caps. King. the master of the Mechanic,
was familiar with the waters Of the Poto.
mac in the regiou of Maryland Point and
Narje:aoy Greek, and should have been
IL mlliar with the habit of the smaller
class Of sail Vessels, in coming down the Po-
! tumac under stiff breeze FROM the Mary
| land shore, TO run IL ,olerahly close to
shore. Iu anchoring his schooner in the
course apt to be taken BY such vessels, he
took The risk of whatever might happen
there through his fault.
The tenth rule of navigation requires ali
farways, 70 have white light in The rig
ging, not more than twenty feet above
decks, visible all around the horisou, and al
distance Of not less than mile.
It WAS incumbent on Capt. King, when
he anchored his schooner in the place whit
has been mentioned, to have such an anchor
light in tn rigging. His vessel was small,
,istered as Of only nineteen tons burden.
He had 552 bushels, or fifteen tons, of corn
in the afa part of his hold, which put bis
stern deep in the water and brought his
deck down close 10 the water. The tide
was running flood, and his stern was thrown
r.cty up stream in the course of vessels
coming down the river, 10 such manner
that they could not see his broadside. His
sails being fare as he lay there, and the
moon two hours high in the west, shining
Oh his stern and not casting shadow behind
it, he presented quite small object TO the
vision Of vessels coming from Maryland
point towards Nap emoy creek. In anch.r-
ing in the probable course of such vessels.
he took all the risks of accidents which
might happen through his fault for an ad.
miraliy court would not dare 10 set such
precedent ss to hold, that if he had no
anchor light up at such place as the one
described he might recover damages for
collision. That would be setting
premium on acts inviting collisions. Under
such ruling, any man who had al old
vessel too worthless to be insured, could
get price for her by putting her in place
where vessels were likely to sail and by
leaving no light in her rigging at night,
contriving to have her run over and sunk.
The schooner VIM. Oliver of about 200
tons and five feet draft was coming from
Washington city under strong wind from
oil the Maryla shore, and running in near
shore on the night Of tho collision, which
was the BIB Of April. At about - o'clock
or after, he came in collision with the Me-
chanic aud sunk her by running into he'
stern.
Though the weight of testimony is, that
the Mechanic had an anchor light up as late
as eleven O'Clock, yet there is no evidence
whatever that she had light up at the
time of the collision. The master Of the
Mechanic, and colored man who was the
only person with him on board, were at the
time down in the cabin asleep. Capt King
was undressed and the negro partially So
The accider awakened them, aud they were
taken on board the Oliver, the captain los
ing all his clothes but shirt and drawers.
1t is proved on the part of the Oliver that
her entire crew consisting of four men were
on deck, Capt Jones, the master, being at
the wheel, and the rest Of the crew being in
the starboard and port bows or well for
ward. The MAZE was OF the lookout,
Three Of this crew testified in the case, and
all say that they did not see the Mechaoic
until the moment of collision, and that she
had no light up. The witnesses of the libel
lants all say that the night was clear, that
the moon was shining, and that objects on
the surface of The waller as large as boats.
could be seen at considerable distance.
The witnesses Of the respondaut say that
there was q bazs en- the surface Of the water
at the time of the collision, aud that objects
could not be seen by them looking from the
water towards the shore.
Two facts proved in regard to the Me.
chauic were, first, that she was 80 years old ;
and second, that Capt. King, who was her
owner, took no steps TO get his vessel up al
ter che was sunk ; and manifested no COZ
Germ for saving her; but allowed his vessel
and her cargo to remain uucared for where
they lay. Most of the rigging was saved,