The schr. Ben Folger is loading malt at the Bay of Quinte distillery for Fairhaven.
The steamer Maud now goes to Cape Vincent via the foot of Wolfe Island. The canal is frozen up.
The schooner Riverside slipped her anchor yesterday and drifted down to the bridge, but sustained very slight injuries.
The steamer D.C. West has laid up for this year, the Rideau Canal having been closed by ice. The West had a very successful season.
The Dominion, Capt. O'Hagan, which parted her anchor chains at South Bay on Friday morning, was driven ashore at Ford's shoal, near Oswego. The Captain, while trying to get his effects ashore, was struck by the sea and washed off. The sea was very heavy, and the schooner pounded so hard, that she has gone to pieces. The Dominion is registered as follows: Tonnage, 80; built at Wellington by D. Tait, 16th ? August, 1867; hailed from Napanee; classed B 2; repaired in 1876. Captain O'Hagan says he with E.W. Rathbun own the Dominion; that she was valued at $1,800; and was insured for $1,000 in the Western, of Toronto.
There are over sixty vessels at Oswego windbound. Many have been detained for nine days. The schr. White Oak was the first to venture out. The captain regrets it now. The schooner, loaded with coal for Mr. Jas. Swift, arrived this morning pretty well strained. She left Oswego yesterday morning, and after she had been about fifteen miles out a terrific gale from the west struck her, tearing her sails into shreds, and demolishing the jib-boom. The ruined sails are the standing jib, flying jib, gib topsail. The water was rolling tremendously, and every wave dashed over the deck. The Captain, (Mr. J. Dix) says that it was the worst storm he ever experienced. As soon as the water came over the deck it froze, and had it not been that the crew had a sack of salt on board the sailors could not have moved around. None of the tars could ascend the rigging to take down the sails, and they were consequently allowed to flap themselves into pieces.
Judge Wallace's Findings in the Case of
Sweet Home vs The Tug Morey
Mr. H.C. Benedict, counsel for the defendant in the action brought by Barney of Kingston against the owners of the tug Morey, in admiralty, for the recovery of the value of the schooner Sweet Home, lost at Oswego last fall, has received an opinion by Judge Wallace of the U.S. District Court. He finds that the libel must be dismissed and awards costs to the defendant. His findings are as follows:
"I conclude from the evidence in this case that the line passed by Sweet Home to the tug Morey, while not obviously unfit for service required, was in fact unsound and insufficient and broke without the fault of the tug; that thereupon, in the exigency of the occassion, the tug did what was apparently advisable in passing her own line to the vessel; that this line parted without the fault of the tug; that thereupon the tug did not suppose and had no sufficient reason to suppose that she could render available assistance. The duty of the tug did not end when the first line parted or when the second parted. She was during the whole transactions under the obligation of her towage service and bound to exercise the care required in that service; if she had known that the vessel's stub was available it would have been her duty to make all reasonable effort to obtain and use it; she is not chargeable, however, with errors of judgement made in an existing exigency which originated by fault on the part of the vessel, and in view of what had already occurred she was not derelict in duty."
Restored - Chas. Woods, Noah Garrow and Henry Merchan, who were on the wrecked Seymour fleet and missing, came ashore in one of the scows three miles above Fair Haven.