p.2 The Assizes - Thursday, Oct. 24th, Mr. Justice Gwynn Presiding.
McGee vs Calvin et al - This was an action brought by one Charles McGee, owner of the schooner Aigle de Mer to recover damages which the said vessel is said to have sustained in the month of October, 1871, by grounding on a shoal at the south end of what is called Goose Island, in the St. Lawrence. The tug line belonging to the defendants, Messrs. Calvin and Breck, of Garden Island, are subsidized by the Government, to be kept for service at various points along the river where the current will not permit of its navigation otherwise. On the 27th of the month above named, last year, the plaintiff, whose vessel was moored at Lachine, made application to the captain of the steamer America to be towed to Kingston, paying $108.02 toll, according to tonnage, by which all calculations of work performed by this line are figured. The passage, in due time, was made in safety as far as Morrisburg, near which the Aigle de Mer is stated to have struck a rock, over which it passed, however, without grounding. When off the foot of Goose Island, the steamer William (to which the tow had been transferred at Dickinson's Landing) in crossing the channel grazed the bottom so closely, and entered such shallow water, that the schooner, drawing eight and a half feet stuck hard and fast, breaking the cable by which she was attached to the steamer. Behind the vessel were three barges, which unimpeded ran into the stern of the Aigle de Mer, increasing the amount of injuries. The plaintiff claimed that there was a sufficient depth of water further eastward; that it was owing to the negligence of the master of the William that the accident occurred, and that the defendants are therefore liable for damages. This the defendants dispute, and attribute the misfortune to the irregular and erratic steering of the helmsman. Mr. James O'Reilly, Q.C., for plaintiff; Messrs. Kirkpatrick and Rogers, counsel for defendants. The case was a very lengthy one in consequence of the large number of witnesses examined.
The case of McGee vs Calvin et al, was still in progress when our report closed. Mr. Kirkpatrick moved for non-suit on the ground that there was no evidence to go to the jury. The motion was overruled by the Judge.
Port Colborne, Oct. 23rd - Down - Steam barge Glasgow, Bay City, Ogdensburg, lumber; barges Crocker, do.; John Mark, do.; prop. Concord, Chicago, Ogdensburg, corn and pork; prop. Michigan, Toledo, Ogdensburg, corn.
Up - Schrs. Albacore, Miami Belle, Wave Crest, H.P. Murray, barque Alexander, schr. Fanny, props Akron, Buckeye, barque Bessie Barwick, Kingston, Cleveland, light; schrs. Simms, Fair Haven, Toledo, coal; scow Clara, Montreal, Cleveland, gen. cargo; prop. Lowell, Ogdensburg, Chicago, gen. cargo; schrs. J.T. Mott, Oswego, Chicago, coal; Knight Templar, Oswego, Chicago, salt; Corsican, Oswego, Detroit, salt; barque George Thurston, schr. Victor.
The Grain Trade - The great rush, which put everything and everybody in the forwarding business on the qui vive while it lasted is over. We do not mean to convey the impression that the trade has closed for the season. Shipments will be carried on, it is true, for nearly a month yet, but only between ports on Lakes Erie and Ontario. This will be an earlier fall than some expected, for many reasons - one being, that in consequence of the marine disasters in the Gulf of St. Lawrence last year, operations in grain have not been extended so late, as might have been the case, and besides vessels can not be induced to return from Kingston to Chicago or Milwaukie, for cargoes consigned here, not having sufficient time at their disposal to arrive back and discharge before the setting in of winter, and overcome the impediments of navigation which it occasions. Then again the masters of the majority of the sailing crafts navigating the lakes desire to lay them up in Canadian waters, which they would fail to do did they attempt a distant trip. We were informed today that one forwarder offered the very high price of $2.50 gold ($1.50 more than paid in the summer) for pig iron to Chicago, and only received one acceptance, the Jessie Drummond which sailed yesterday. She winters at Collingwood.
p.3 Customs Imports - 22nd - Schr. White Water, ___, S. Hernaus, 34 bbls apples, 66 crates peaches, 7 1/2 bbls quinces.
Schr. Ben Folger, Port Dalhousie, Mont. T. Co., 8,270 bush wheat.
Str. Pierrepont, Cape Vincent, (mixed cargo)
Str. Passport, Montreal, R. & J. Gardinier, 3 cs British goods.
23rd - Str. Pierrepont, Cape Vincent, (mixed cargo)