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2 THE MARINE RECORD •v; c\ ' MARINE LAW. COLLISION QAfHtJ. United Statrh^ Circuit CoiiiJb,-, Philadelphia. ■' A dgcNIon In favor of the Stcnmnlilp Ssot'n Oreyp.—In llio United Suites circuit Court In Philadelphia .IikIro MeKcniiiiii on tho31nt of Oetohcr'filed nn opinion In the collision crass libels between the "sicnmnlilp Sifntliifto do Cubs and Scot's Greys. The' collision took pliico on July 10, 1870, In tlio . Dcliiwnro River, n few mlleg below Hie city of Philadelphia, the Santlaffo do' Cuba nun- tnlnlnp (luninf(eB to the nmdnntof nbout |10,- 000 and the Scot's Oroya Hbout $21,000. The ' decision of Judge McKennan ' Is In favor of the Scot's Greys, he haVlnff dismissed the appeal of tlio other tchscI, time sustaining the opinion, on January 4,1881, of Judge Butler In the United Stated District Court. The decision of Judge McKonnnn sets forth the fuels soclenrly that no further pre- tnee Is necessary. It Is in full its follows: These aro cross llbclB In which (lib District Court adjudged the Snntliigo do Cuba In fault In a collision between her and tlio Scot's Greys and decreed damages agnlnst her accordingly. Tlio evidence touching llio position, course and government of the vessels bofore and about the lime of the collision, Is of unusual volume, and consists chiefly of the testimony .«f the ofBcors nnd crows 'of the respective vessels. Hence, ns Is almost always the case, under such circumstance', It Is conflicting a,nd contradictory, and any attempa ta recon¬ cile it would not advance the decision of the case. It can only be dealt with by adopt¬ ing such conclusions of fact of material Im¬ port, as may seem to bejtippnrted by a pre¬ ponderance of the probabilities of their truth. .. First—About midday on the 10th of July, "1870, a collision occurred between llio steam¬ er Scot's Greys and the steamer Santiago de Cuba, in the Delaware River, a short dis¬ tance ab6ve the Horso Shoe Buoy, ou the western side of the channel, by - which con¬ siderable Injury was caused to both vessels Second—The Scot's Grays was an Iron ■ steamer about 300 feet In leugtli, whs loaded, drew 21 feet of water, and was ascending the liver towards the port of Philadelphia. Third—The Santiago de Cuba was a wood¬ en steamer, was light, drew 13^ feet of wat¬ er, and was deccndlng tlio river. Fourth—The tide was flood, and the cur-. rent, deflected by the Horse Shoe Shoal, tended strongly to the eastern or New Jer- sey.shore of the river. Filth—This shoal wan somewhat In Iho shape of a horse" shoe, with Its bane on I he Pennsylvania or western shore and its npex In the! river, leaving a channel about 400 yards, in width between It and the New Jer¬ sey shore. Near thin apex, on the eastern edge of the i-hnal, a buoy Is anchored to In¬ dicate the turn of the channel. Sixth—Both vesnels were tr sight of each other for such a (llslai.ee before ihey met us to involve no danger of collision, [f they had been-carefully and skilfully navigated. Seventh—The Scot's Greys first reached llio buoy and put her helm lo starboard to make the turn of the channel, mid when she' rounded the buoy, stralghled dp to prceeed the western side of the channel. At this llmo (lie Santiago de Cuba leveral hundred yards above the Scot's the western shjc_ of the clu>jiuel; Sourse ^vas eastward oTtfiat of the Scot's Groys nnd to her starboard. Ninth—Al the Horse Shoe Shoal the narrowness and shape of the channel and the tendency of llio lido, impose upon les- suls sailing In opposite directions, the duty of observing, special caution as a neci simry condition of their safety In passing'oaeh other. Tenth—In starboarding her wheel to carry her past the buoy, and In straightening up after she rounded it, Unit she might pursue the tt&t'ern line of the chnlmul; llie Scot's Qroys did what was proper for her under iho circumstances. 'Eleventh—When the vossols woro several hundred yards apart tlie Santiago do Cuba nileil a signal with her nlilsll'e anil put her helm hunl-u-poit Indicating an intention to pass tilt* ipeoiV dreys ou her po,rt bow 'and Which gale her a direction across ilie bows of tho Scot's Gieys. Twelfth—"Whether this signal was nr was not heird .on tile Scot's (Jieys, it was not answered, but she ltopt. her couroo up tho western sldoof the channol. - Thli'ldenlli— The speed of Iho Santlngo do Cuba was not diminished—at leant not soon enough. If she had stopped or slowed down when the Scot's Greys was rounding the buoy nnd straightening up, tho collision would not liivvo occurred, became the Scot's ,Greys would Have passed tho place of tho collision before tho Santlngo De Cuba would havo reached Jt. Nor would It have occurred If Iho Santiago de Cuba hud not hnrd-portcd her helm and sought to pais tho Scot's Greye on her port side. Fourteenth—If, In response to the Santiago do Cuba's movement, the Scot's Grays had hard-ported her holm, tho vessels would pro¬ bably havo hcon brnught-tojjethor head-on, with more disastrous couscquencos. But the Impact of the former's how wag upon tho starboard sllle of tho latter, about 30 feet from her bow, thus Indicating that If Bhe had kept hor course, • llio vessels would haye passed In safoty. ' ' Considering tlie conditions of navigation nt tho locality liniucctloti, the size and depth in the water of tlio Scot's Groys, tho dlrcc lion In which eho was sailing, and the cllfll- culty of controlling her movements, she was not In fault In •adopting a course up the western side of the channel and in pursuing It without deviation, In vlow of the same considerations, of the size and draft of the Santlngo de Cuba, that she was light, that she was descending the river with the tide towards her head, and hor movements completely under command, nnd that the passage of vessels such as the two In question at tho Horso Shoe buoy Is at¬ tended with risk of eblllalon, It was Incautious In the Santiago de Cuba to pass the Scot's Greys at tlie point If she could avoid It. It was the duty of the Santiago to stop or slow duwu whon slic observed tlie Scot's Greys rounding the buoy. Falling to do either, and In porting her helm and attempt¬ ing to run across the truck of tho Scot's Greys, when the vessels were in scoh prox¬ imity to each other, she was in fault and must be held responsible for the collision. There must, therefore, bo a decree ills, missing the libel of the Santiago de Cuba with costs, nnd a decree In favor of the Scot's Greys for the amopnt of damage sustained by her and costs."—Maritime Register. fnco of Iho siin Is computed by Prof, . . GENERAL NEWS. Cleveland's clearances last week were $2,520,170, an Increase of 18.8 per cent, over the same week of 1882. The new steamship City of Chicago reached Now York late Tuesday, after n slow passngo of nine days from Liverpool. An order was Issued at Boston Thursday (Issolviug the company which Intended to build a riiHnnv from Cairo, Egypt, to Jeru¬ salem. Rear Admiral Worden, who commanded the Monitor. In lis gallant light »ltli the Merrlmae, Is stilt In the service, though age and Infirmities prevent hlni<roin doing act¬ ive service. ' ' Tlio Insurance companies by whom the propeller Oneldn, recently sunk In the St. Lawrence ilver, was Insured, ii is said have ottered one-ludf the 'nsurmicu pn the bom to llie wrecker that will get her afloat. Tliti Canada Paclllc Railway Coigpany, It |s snld, desire to purchase the Canada steam¬ er Spartan, on which the Detroit Erydoek Company have a claim ol $21,000 for repairs nnd Captain h. U.'Gruiiiuiuml a lay bill for wrecking. '= The steamer T.J1. Wilcox, with teveial canil boats In tow, narrowly escaped being destroyed by lire on Cayuga Lake opposite Union SprlugsJ'on Tuesday. A bursting boiler flue, threw the lire Into tho engine room, nmklng a Iholy blaze. General Wright, Chief or Engineers, In bis annual report urgently recommends that Congress tujikc on appropriation for putting' thewii and lakrt front in condition for i|,:- •fcuso In enso of war. Ho ndvises. that at least $500,000 be expended at San FrUnclsco. The gigantic- cuttle -or devil llshes liavo been specially studied by Prof. Verrlll, who recoids two found as having an extreme length <if llfly-two feet, In one ol Ihesu llie body from the base of llie iiiinio the1 ili/n| tho lull was 15 teet long. Another, still larger, was 55 feet In extreme length and Its body was 20 feet long. .The intensity of the sunlight nt the sur- Yoiing nt. 100,000 times. Hint of n candle flame, .140 times that of n calcium light or 34 times Mint or nil olcctrlo arc. A dhoti of life 4i"fcot 0 Inches Illicit would hi; melted at the surface of the sun In quo min¬ ute, giving n mechanical equivalent of tho solar radlntlun continuously acting of 10,000 horse power for every square foot of sun surface;' tho effective fempernturo of the sun Is at present accepted nt 18,000 dogrces Fahrenheit. , Tho Inst crib to be sunk this sonnon In the ijcw exterior breakwater off Chicago was letdown Monday, (linking 8,030 feot or crib- work In pincc. [Tho euilro length of the ncw.brcakwntcr'lB to bo 5,480Jeot.J'Tho su¬ perstructure will be built on^ nnd operations will then, be closed for the season". The dnmn'ge to tho work by tho heavy gnlos dur¬ ing tho-spring, summer nnd fall lino boon very great, and will foot up a large money Item. More or loss damage Is always looked! for, however, to works in such exposed po¬ sition. '" Qnlveston Is going to ask Congress" for suf¬ ficient money to obtain deep wnter on her bar. As Congress will undoubtedly make- annual appropriations In the rlvor and hnr- bor bill for this work until It Is done, It, would certainly be much cheaper In tlie ond to take tho matter vigorously In hand, tnnke tho appropriations large- enough and get deep water with tho least possible delay. The money will be .forthcoming from Con- giess in any cni-e. Trio earlier tho deep wa- tei Is obtained, therefore, the'sooner will tho money be paid back by the Increased devel¬ opment of the country. A very pccullar*cnso Is a now ponding do* clslon In the custom house of Now York, and the officials nro In a quandary. The case Is this: Mr. W. G. Wurnoek, a recent passenger by the steamer France, of tlie Na¬ tional Lino, was in such a, precarious condi¬ tion of health when he leTt Enaland that It was tearou he would die during tho voyage. So ho prepared for tills event. Mj\ Warnock. caused to be purchased In Liverpool, a metallic casket, which Is at present In dis¬ pute. It cost £2*5. Fortunately_for Mr. Warnoek ho did not dlo during the voyage. On the contrary he renched New York In greatly Improved health. Tlie casket was landed with tho rest of Mr. Waruoek's bng- gnge, and the vigilant enstoiiis'olllcers scut It to the nppmlSB!J8 stores nnd demanded the payment of duly upon It. The question to be decided is whether or not the eolllu Is personal properly In use. Personal properly which the owner has hlil for n twelvemonth or which he basin use ho Is entitled lo enter freo of duty, but a coflln Is such an iinusuu.1 importation under the peculiar circum¬ stances of this case that tlie appraiser Is puzzled. A pnper recently piesenied to With houses of Parliament, and published, gives llie text of mi agreement entered Into between the governments of Great Britain and Denmark for Hie mutual rellel ol distressed seamen. Tlie gist ol tho agreement, which Is slg(jjid by Earl Granville on the pmtol England, Mini by M.deFulde, Minister Plenipotentiary in London, on Hie purl of Denmark, and which will come Into opcrailon on November 1,1s that "if a heniiiau ot the contracting states, after serving on board a ship of llie other eonlracliiig^tute, remains behind In a third state, or In Its colonies, or In other colo¬ nies of tlint state whose ling the ship carries, and llie snld seninun Is In helpless condition from shipwreck or other causes, then Iho government of Jhat stale whose ling the ship bears shall lie bound to support him until ho enters ship service again, or llmls other emplwyinem, or until he arrives In his unlive slate or Its colonies, or-dles." This nsslslnnce, however, Is made condilloiiiil on the seniunn taking the llrst opporlnnltv to prove his necessitous condition to the prober officials, that llie destitution Is tlie natural consequences of the termination of his ser¬ vice on board tho ship he has li-lt.-Miiiil thai the man has not deserted or been lurneil nut or the ship for any criminal act. l'he lellef Includes maliilennuce, clothing, inedl- I'lil'iilleiidniice, nnd traiellng oxpiiHcs, anil In case ot death the funeral expenses lobe pnjd,___________________. A BIG WORLD. Yes—so If Is; mid do you know Unit ono of the biggest things In this big world Is.'the lalKiriilory where Dr. Sway no it Son prepme and put up their Invaluable inullelnes, Phil- adi-lpli a, I'a. Swayne's pills have been In. the .market for yeius and thousands have pro\eil their cmailie powers. They me purely vegetable, do not gripe or produce nausea, null no household Is complete with- out them. Duly 25 cents, or live (taxes for (11 00. Try them. /AST SAILING SHIPS. " Nuw YojikJ November 10, Sjxolal Corr'upontttnce Marina Retard. Iii niy-lnst letter I gnvc n-description of • tho steamer Oregon. In this I propose to. sny something abmitfaet ships nnd pnsenges. ThoYoufig Amerlcn, which Is now, I bo- Dollevo, tho property of John Roscnlold/of San Francisco, is one of the most remarka¬ ble sailing vessels that hna over boon built. ' She mndo tho fastest t|mo on- record from Liverpool to San Francisco. Loavlrig Liver¬ pool on October 13,187!i, jlie-- made 8,760 miles during the drat eleven days, an nver- ligo dally run of nearly 2B0 miles, which la cqiTiil to the npcod of freight stonmorsto-diy. Pan later passngo from~Snn--Frnnchioo to Now York she made tlie trip In seventy-six-— days, and vice vena In eighty days, tho short¬ est llmo evor made by sail alone, 8ho was built ln'Ncw,York by. W. Ill Webb In IBM, to tho order, of G. Daniels, for tho China tea trade! but was bought two or throe yonrs Inter Joy George Howes & Co., whd owned " her until Inst year. Jnbez Howes snys she hns enrne J hor original cost, $100,000, aovoral times over. She Is 233 feet long, with 43. feot beam and upwards of 1,000 tons (or.- Captain' Cupimlngs, hor second cfjtn- mnhder, during a porlod of ihree yeitf/i cupled his spare llmo In making n model of hor1 which ho aftorwards presentedto one of the owners. She Was Intendcif'fpr great speed as u tea clipper, and her roenrd shows her to bo tlio fastest sailing ship afloat. In 1800 she mndo a trip from Liverpool to Mel¬ bourne ill eighty days. When Bhe arrived In this harbor last month from Snn Frnnolsco she was as perfect In sheer as when launohed thirty years ago, has never undergone any very Important repairs, excepting.-a set of new decks four years age, which cost $8,600. Sho still retains tier original topsldes, plank¬ ing, cto. She was built of live and white oiik and locust. Tho largest sailing ship afloat and tho only ono in tho world which carries her topmasts"' abaft the lower mnsts, visited this port last summer lor nenrgo of, petroleum oil. This wonderful vossol Is the Donald McKay, which was built nt East Boston, Mass., In 1865 by Hie famous marlno constructor whoso namo sho still bears, although now under Iho Germnn flag. She Is the Inst remnant of a once great fleet of white wings, including such ships as the Rod Jacket, Bluo Jacket, James Bnlncs, EJylng Scud, Comet, Sover¬ eign, ol the Sens.Chnmplon of tho Sen, Light¬ ning, etc. She Is 2.700 tons register and carries more tliiiu 4,000 tons of cargo. The Flying Cloud was another cf Iho old time ocean nice horses. Tills ship made Tory fast passages nnd turned out some good car¬ goes. Tlie Great Republic was the first four- iniisled ship over lullt, and was one of tho Inrgesl and.fastest merchantmen. Sho car- ' ried only fore-nnd nljoiiiiviin. on hor spanker or Jigger mast. All tlio masts we're provided with lightning rods. Her Jigger must was only one spar. The main yard was 120 feet long. Sho was the ship of ships, but was unfortunately burned two days after Christ¬ mas, 1853, at tlie dock in this city .whon loading. She was n four-decker, but upon being rebult only three decks were put In. Sho was lost Mnrcli 4,1872. Tho enormous number of 50,000 pooplo were present at the, launch. She was owned by A. A. Low A Co. and used as a transport In the Crimean war. The capacity ol the Great Republic whs4,000 tons, mid her or'glnnl dimensions weio 325 feet long, 53 feet beam and 37 foot deep. On November 4lh thcro nrrlved hero tho largest ship over built In tho State of Maine. This vessel Is the Ihree-nuislo.l wooden ship John R.-Kflley, or 2,255 tons register, willed has Just been built by Goss, Sawyer, Packard & Co., of Bath. She carries three sets pawl yards, nuilhor deck Improvements consist of a donkey un'glne for working thu American Ship Windlass Co.'s patoiit cap- stniis.drlvinglho mnlii and force pumps and hoisting tho yards and snlls, condensing 175 gallons of sKilt water into fresh por day, etc. During the passage round, with (100 toiis ballad nbiinrdtsliu ninth: thkteen nnd one- ' half knots with nothing hlKher than the top. gallant sails set. She is the llnest ship Hint lias entered this port since the I'dur-.....sled wooden ship Ocenu King left It upon her Mm eh voyage. Sho la taking ou a general-'.. cargo for San Fraflclsco In Suttnn & Co.'s Hi'"- O. Fohtkii I1owEi.i.h. '