The Schooner John Sanderson. The Schooner Albert G. Lawson. 4th of October, 1868. The wind was fresh from the north-east, and the tide was running flood, the wind blowing against the tide. The Lawson had left New York city for a voyage through the said channel, and through Hell Gate, to the eastward. She was going with the tide and beating. The Sanderson had come from Nova Scotia, and had passed through Hell Gate bound to New York City. The whole contest in the case is as to whether the Sanderson was at anchor of not, at the time of the collision. I am satisfied, on the evidence, that she was, and that she had been thus at anchor for some two hours before the collision. She came to anchor under the direction of a competent licensed Hell Gate pilot, who was on board of her, and who anchored her, because she was unable to stem the strong flood tide, even sailing before the wind, she being a very dull sailer. When she anchored, which she did not do until the tide began to carry her backward, she clewed up or took in all her sails but her two jibs, her foretopsail, her foresail, and her main sail. As she thus lay, her foretopsail was the only sail which was allowed to draw to any extent, her main sheet being hauled right aft. What drawing there was by her sails was proper and necessary, to keep her steady and prevent her from dragging her anchor afoul of the Croton water pipe, which crossed to Blackwell's Island a short distance astern of her. She was anchored as close to Blackwell's Island as it was proper for her to be, leaving abundance of channel room to the westward of her. She had a proper and competent watch kept on deck, and her wheel was properly attended to after she anchored. In this posture of things, the Lawson, in beating, ran across the bows of the Sanderson, from the New York side, and tacked near the Blackwell's Island shore, and so close to the bows of the Sanderson, that the flood tide carried the Lawson against the Sanderson, the port bow of the Lawson striking the port bow of the Sand The Schooner John Sanderson. The Schooner Albert G. Lawson. erson, and the Lawson being, therefore, a little between the Sanderson and the Blackwell's Island shore, though nearly head and head. Prior to the collision, and when it was seen, from the Sanderson, that a collision was imminent, everything was done on board of the Sanderson, that could be done, to avoid the collision and mitigate its effects. The helm of the Sanderson was put hard a-starboard, so as to sheer her, as far as her anchor chain would allow, towards Blackwell's Island, and give the Lawson a chance to clear her to the westward, and ten fathoms more of chain were run out on the Sanderson, the fifteen fathom shackle being under water. The collision happened through the recklessness and negligence of those in charge of the Lawson. The evidence shows, that they were intent only on overhauling another schooner, which was beating through the channel ahead of them, that, in their reckless sailing, they nearly collided with that other schooner, close to the bows of the Sanderson, and that they jumped to the conclusion that the Sanderson was not at anchor, because they saw her sails up, and saw the tide running against her bows. Ordinary attention would have shown them that she was not under way, for she was in plain light from their vessel, for a long distance, the shores of the channel being straight, and, as she was at anchor, her position was not at any time altered, as they were approaching. It was no fault in the Sanderson to leave her sails up, while at anchor thus, in broad daylight, at a place where she could be seen from a long distance, and when she left abundance of channel to the westward of her. After she came to anchor, other vessels beating through tacked short of her, and passed safely by. Nothing but gross inattention and want of care could have put the Lawson where she was, it being clear that the Sanderson was at anchor. The libel against the Sanderson must be dismissed, The Steamer Franconia. with costs. In the case against the Lawson, there must be a decree for the libellants, with costs, with a reference to ascertain their damages. D. McMahon, for the Lawson. Beebe, Donohue & Cooke, for the Sanderson. MAY, 1870. THE STEAMER FRANCONIA. COLLISION OFF POINT JUDITH.-STEAMER AND SCHOONER.-SPEED IN A FOG.-CHANGING COURSE Blindly. The steamer F., bound from New York to Portland, while running at the rate of seven or eight knots an hour, in a thick fog, collided with and sank the schooner M. C. T., near Point Judith. On board of the schooner, a fog horn was blown at intervals of half a minute, and the steam whistle of the F. was heard for some half an hour before the collision. Immediately before the collision, the helm of the schooner was ported and the wheel of the steamer was put hard a-starboard. Held, that the speed of the steamer was too great; That, as the schooner was crossing the course of the steamer from starboard to port, the proper manoeuvre for the steamer would have been to port her wheel instead of starboarding it, and, as she starboarded blindly, in ignorance of the true course and position of the schooner, and, as it turned out, erroneously, such change of her course was a fault. BLATCHFORD, J. This libel is filed on behalf of the libellant and the other owners of the schooner Mary C. Terbell, and of her crew, and of the owners of her cargo, to recover the sum of $27,000, as the value of the schooner and of her cargo and pending freight, and of other property on board of her, lost by the sinking of The Steamer Franconia. the schooner through a collision between her and the screw steamer Franconia, on the 9th of June, 1868, between 7 and 8 o'clock, A. M., during a thick fog, at a point about three miles south south-east from Point Judith. The schooner was on a voyage from Boston to New York. The steamer was bound from New York to Portland, and had left New York at about 4 o'clock P.M. of the day before. The steamer struck the port side of the schooner, just aft of the fore rigging, nearly at right angles, and cut into her several feet, and she very soon sank. The libel alleges, that the schooner was sailing by the wind, on a north-west course, with the wind west by south; that she had, for several hours previously, been on her port tack, steering in a north-westerly direction, and not changing her course, until about half a minute before the collision, when her master, observing that the steamer was bearing directly down upon him, and that a collision was imminent, and with the view of escaping it, if possible, ordered his helm to be ported, which was done; and that the schooner, in consequence, had changed her course about one point before the collision. The answer avers, that the speed of the steamer at the time was only about half her usual rate, and was at a rate only sufficient to enable her to make her course, and that, when the vessels would have cleared, the schooner changed her course across the head of the steamer. It is contended, on the part of the steamer, that the wind was about south-west by south, and that the schooner was, therefore, sailing about west, which would be making her course, and that she changed some eight points, so that she was heading north at the time of the collision; that the steamer, whose proper course was about east, kept it, and so struck the schooner at right angles; and that, if the schooner had not changed her course, the steamer would have passed safely to the northward of the schooner. As the steamer struck the The Steamer Franconia. schooner on her port side, at about right angles, if the schooner was at the time heading north, the steamer must have been heading about east. The proper course of the steamer, at the place of collision, was about east, and, therefore, if the schooner was in fact heading to the north, the steamer could not have materially changed her course to port. If, however, the schooner had been heading to the north-west and changed one point by porting, that is to north-west by north, the steamer, to have hit her at right angles, must have been heading about north-east by east, a change of about three points from east, by starboarding. The testimony on the part of the schooner is, that her sails were trimmed by the wind and that her sheets were hauled flat aft. This last fact is confirmed by the pilot of the steamer. The testimony of those on the deck of a sailing vessel, and in charge of her sails and her helm, as to the shape of her sails, and the course of the wind, is much more reliable than the testimony of those on board of a steamer coming from a direction which makes the wind at least three points abaft the beam of the steamer. On the whole evidence, I can have no doubt that the course of the schooner, before she ported, was north-west, and that she was on her port tack, sailing within about five points of the wind, under a three or four knot breeze. The master of the schooner was on deck, and there was a man at the wheel. The steam whistle of the steamer was heard on board of the schooner for some half an hour before the collision. The sound came from off the weather bow of the schooner. The master of the schooner kept blowing a fog horn constantly, at intervals of half a minute, nothing being visible. Suddenly, he saw the bows of the steamer about five points off his weather bow, that is, in a direction about west by south. He immediately blew his horn again, and went into the cabin, and brought out a musket and fired it off. He |