Page:Federal Reporter, 1st Series, Volume 7.djvu/265

 ths mabu & slizabbxh. 253 �The Mabu & Elizabbth. (District Court, D. New Jersey. May 4, 1881.) �1. COIXISION— RULKS 16, 17, AND 23 CONSTRUED— EbV. Bt. f 4233. �In Admiralty. Libel in rem. �R. P. Wortendyke, for libellant. �Flavel McGee, for claimant. �Nixon, D. J. This is a libel in rem, the libellant claiming damages for injuries and losses sustained by a collision with the vessel of the respondent on the seventeenth day of March, 1880, off Absecom light, on the coast of New Jersey. The facts seem to be as follows : �The respondent's schooner, the Maria & Elizabeth, left her dock at Hoboken, New Jersey, during the forenoon of the seventeeath of March, for the western branch of Elizabeth river, in the state of Virginia. Her crew consisted of six persons, besides the captain, Joseph Headley, who was also part owner. Bhe had no quarter-deck, was of the burden of about 203 tons, and was laden with empty barrels, which were stowed some eight or nine feet above the deck. At about midnight of the same evening, when nine miles off of Absecom light, her watch was changed. The only persons left on deck were Job H. Ridgway, the mate in com- mand, William Pace, (colored,) the lookout, and Henry Risley, at the wheel. The wind was blowing a moderate breeze from the north, veer- ing occasionally a little to the west, and the night was clear and starlight. The Maria & Elizabeth was running a south-westerly course, with the wind, and having her saila set and on her larboard side. �On the afternoon of the same day the Achorn, the schooner of the libel- lant, of about 87 tons burden, left the mouth of Maurice river, New Jer- sey, loaded with glass sand, and bound for Brooklyn, New York. Her crew was Frederick Hess, captain, John Peterson, mate, Erank Smith, before the mast, and George Fox, the steward. The captain was at the helm until about midnight, when he surrendered the steering of the vessel to the mate and went f orward. She was then heading north-easterly, with her sheets trimmed close to the wind and her sails on her starboard side. Captain Hess says that a few minutes before 1 o'clock he discovered a schooner ahead, (which proved to be the Maria & Elizabeth,) apparently sailing a south-west course before the wind. Both parties agree that the two vessels were approaching each other nearly head on ; that shortly before the collision the helm of the Matia & Elizabeth was put hard a-port ; that she struckthe Achorn on the starboard side, justf orward of the main chains, near the center of the hull ; and that in a short time — some of the ��� �