The morning call., 1893-09-08
THE SMITH SUITS.
On Trial in the District
Court.
CITY OF CHESTER FATALITY.
Monetary Compensation Asked for
the Death of a Husband and
Father and a Child.

Objects of some sympathy in the room OF
the United States District Court all dav
yesterday were a widow, attired in plain
black, and two little boys, dressed quite
neatly in brown make-ups. The widow "
was Mrs. Henry Smith of Sacramento, and
the boys were her children, Harry and
George. Her sister. Mrs. Ed Nye, with a
baby, was also present, and so was heI
father, Mr.. Noe, an undersiZed man, stoop-
ing with age.
Five years ago, on August %. Mrs.
Smith, accompanied by her husband and
three children and her sister, then unmsr-
ried, went on board the Inflated steamer
City of Chester, then steamlng out of the
harbor. The City of Chester ran between
this port and Eureka. and Henry Smith,
who was hard-w Orking man and good
husband, having nice little home in Sac
ramento, was taking his family up 10
Eureka to enjoy a little respite from the
hot valley weather. 1t was foggy morn
ing and there was flood tide. but nobody
seemed to apprehend anything.
Between 9 and 10 o'clock, however, when
off Fort Point, the big trans Pacific
steamer, the Oceanic. just arriving from
the Orient, ran into the little Chester, cut
ting deeply into her port bow. The
Chester went to the bottom of the bay and
sixteen lives were lost, among them those
of Henry Smith and his little daughter
Myrtle.
Mrs. Smith had managed to get aboard
the oceanic from the sinking vessel, car
rying her youngest boy, then baby, with
her. but her husband was in the water
with child In each arm. A rope thrown
to him was of no avail, because he could
not take hold of it without risking the life
OF one or other of the children. The strug-
gle proved too much for him and down he
went below the fnaming water. A Chi
nese sailor Of the Oceanic named All Lun
saved the bov Harry.
esterday's proceedings were the trial
OF two actions brought by the widow. In
one she and her bows are plaintiffs and
$4,000 is sued for. In the other Mrs.
Smith is the only complainant and asks
$50, 600 for the death of her daughter.
The Occidental and Oriental steamship
Company is the party defendant. proceed
ings against the Pacific Coast Steamship
Company, to which the Chester belonged,
having been dismissed, as has already
been explained in The CALL. w. II. L.
Barnes. assisted by Frank Shay. is con-
ducting the defense. and Clinton l.. White
OF Sacramento, with the aid of w. H.
Cobb. Of Cobb d Lotffler of this city, is
prosecuting the claims of the bereaved
woman and fatherless sons. The suits are
being tried as admiralty cases without any
jury and a black board with map of the
bay of San Francisco, a big photograph #
the Oceanic. models to show the res pective
sizes of the two steamers and the imposing
telegraphic steering indicators used upon
ths Occidental aud Oriental Company's
vessel, are all conveniently arranged for
the courts inspection.
Mr.. Barnes said in his opening state
ment hat the defense would try TO show
Nl...~ a.-A
rules, was equipped with the best navigat-
ing appliances, and was not to blame.
Ii Will be remembered that Immediately
after the disaster occurred Local In
spectors Talbot and Hillman hello an in
vestigation, and the British Vice Consul,
Charles Mason, conducted an official IN
quiry. Captain Thomas Wallace of the
Chester, who was also pilot. Jared worse
at the hands of the American inQuisitnrs
than did Captain john Metcalf and Pilot
Louis Myer of the Oceanic at th ose of the
British representative.
Messrs. Melcalf and Xger were the only
witnesses placed upon the stand vester-
day, and they were called by Mr.. White IN
behalf Of the plaintiffs, though they told
stories which did not materially differ
from the statements which they made to
Messrs. Talbot, Hillman and Mason. Mr..
Myer said he saw the Chester after giving
the customary signal OF two whistles. but
Odpldlu htlCdtl Slat6u tilat lie saw ner De-
fore. Two such signals were given, both
of which the Chester answered, but the
flood tide carried the Chester into the
course OF the Oceanic, and notwithstand-
lng the engines OF the latter were reversed
ana her course changed. the collision oc-
CURED. Such was in substance the evil
dence given by these two witnesses.
Some of the officers and the crew of the
Chester have been called upon by Mr.
White to testify in behalf of his clients.
and some OF them, who are now employed
upon various steamers, complained to him,
after court adjourned, that they either had
or would lose their positions because they
had 10 leave their work. One of these
witnesses was EN- loyed on the Navarro.
one on the Willamette Valley, one on the
Pomona and two on the Walla Walla.
Captain Wallace could not take out the
Walla Walla when she sailed Yesterday
morning, as he Is one of the witnesses in
the two suits. and it wss necessary for
superintendent j. Fl. Bennett of the Pa
cifc Coast Steamship Company to assume
her command. The reason both suits are
being tried together is that the testimony
Is the same in both cases.
There may be still other suits begun
against the Occidental and Oriental Com
pany II the Smith cases should be success
ful. Thirteen of the lives lost were of pas
sengers and three we're members of tho
Chester's crew.