The barque America was built in Guernsey and initially owned there by Le Lacher, used for trade between Central America and Britain. The first owners were pioneers of a trade in coffee from Costa Rica to London - which involved a return around Cape Horn. Her captain from 1865 was John Hayward (born around 1817 at Georgeham, Devon) and he acquired a major share of the ownership, moving the registration to Bristol. She traded between the West Indies and Bristol, Gloucester, London and the Clyde, mainly carrying sugar. At around 1868, John Hayward passed the command on to another master, while still remaining the owner.
Contemporary newspaper report:
COLLISION AND FOUNDERING OF A VESSEL: - The British barque America,
Captain Le Boutillier, 392 tons, the property of a Mr. Hayward, Bristol, from
Trinidad with a cargo of sugar, put into Queenstown [Cobh] on the 20th inst.[May 1870] for
orders, which she received on the same day, and proceeded for her destination.
When off the Saltees on the 21st, which bore N. E. by E., distant about three
miles, she was run into by the ship Marpesia, of Liverpool, for Melbourne,
with passengers. The America sank at once. The captain and crew were saved by
the Marpesia; they were put on board the steamship Camilla, from Liverpool
to Waterford, and landed at Cork on Saturday evening. The America sank in two
minutes after the collision. The crew of 13 were saved by throwing themselves into
the water and being picked up by the boats of the Marpesia. There was a dense
fog prevailing at the time. The Marpesia lost her jib-boom, some sails and gear,
but proceeded on her voyage.
Report of Court Case from Shipping and Mercantile Gazette: 31 March 1871:
This suit was instituted on behalf of the Owners of the barque America,
and of her cargo, against the ship Marpesia, for damage by collision. The
America was 379 tons register, and had a Crew of 13 hands. On the 20th of May
last year[1870] she left Queenstown [Cobh], laden with a cargo of sugar, bound to
Glasgow. At about 10 a.m. of the 21st May, the vessel was about six miles from
the Saltees Lightship [later called Coningbeg Lightship, replaced by a
light-buoy in 2007, named after the offshore rock Coningbeg, about 4 miles south of
the Saltee Islands]. The wind was moderate from about S.W. by S., the tide was
flood, and there was a thick fog on the water. The America was proceeding at
the rate of about four knots an hour, heading E. by S., a good look-out being
kept on board of her, and her fog-horn being sounded every two or three
minutes or oftener. Under these circumstances a vessel, which afterwards
proved to be the Marpesia, was observed, by those on board the America, at a
short distance off, and apparently right ahead of that vessel, or nearly so.
The helm of the America was at once ported [port the helm means move the
tiller to port - so the ship turns to starboard], but although those on board
the America shouted to the Marpesla to port, the latter vessel came on and
struck the America on the port side near the main rigging, and did her so much
damage, that the America at once sank, and, with her cargo, was totally lost.
Notwithstanding
the thick fog that prevailed before and at the time of the collision, those on
board the Marpesia improperly neglected to sound the fog-horn on board that
vessel, in violation of the regulations in that behalf made and provided. The
Marpesia was proceeding at an improper rate of speed, considering the state of
the weather. A good look-out was not kept on board the Marpesla, and it was
urged that those on board the Marpesia made default not porting the helm of
the vessel, and that the helm of the Marpesia was improperly starboarded. The
Marpesia improperly made default in not keeping out of the way the America as
she was bound to do, and it was contended the collision, and the consequent
loss and damage to the plaintiffs, was caused by the default, negligence, and
improper conduct of those on board the Marpesia, and was not any way caused
those on board the America.
On the part of the defendants, it was stated that on the 20th May 1870, the
ship Marpesia, navigated by James Hounsell and Crew of 30 hands, left the port of
Liverpool, laden with a general cargo, bound for Melbourne, South Australia.
She proceeded on her voyage, and at about 10 a.m. the 21st, was in St. George's
Channel, with the Saltees Lightship bearing about N.W., distant about six
miles, and was proceeding close hauled by the wind on the port tack, with the
mainsail and crossjack furled, heading about W. by N. or W.N.W.;
wind S.W., moderate, and there was a thick fog. The tide was flood, and of the force
of about two knots an hour. The Marpesia had her fog-horn sounding at
short intervals, and good look-out was being kept aboard her. At such time, the
helm of ship was put down for the purpose of bringing her from the port on to
the starboard tack; and, whilst she was in the act of staying, a vessel, which
proved to be the America, was seen ahead, a short distance off. The America
was proceeding, under all square sail, with the wind on her starboard quarter.
The helm of Marpesia was immediately put hard a-port, but the vessels came
into collision, the Marpesia's jib-boom taking the America's port main
rigging, and then the stem and port bow of the Marpesia taking the port side
of the America between the main and and mizen rigging. It was submitted that the
America was sailing under too great press of sail and at an improper speed,
and that the America neglected to keep out of the way of the Marpesia. Those
on board the America did not duly sound their fog-horn, and it was argued that
the collision was not any way occasioned by any negligent or improper
navigation on the part of the Marpesia but, as far as she was concerned, was
the result of inevitable accident.
SUMMARY:
In the Court of Admiralty, yesterday, in a damage case brought
by the barque America against the ship Marpesia, to recover for a total loss
occasioned by a collision between them about 10 a.m. of the 21st of May of
last year in a thick fog off the Saltees Lightship, the St. George's Channel,
the learned Judge, assisted by Trinity Masters, found the Marpesia alone to
blame for the collision.
Liverpool Mercury Saturday 1 April 1871:
ACTION AGAINST LIVERPOOL SHIPOWNERS.-JUDGMENT.
In the High
Court of the Admiralty, on Thursday, Sir R. J. Phillimore gave judgment in the
action brought by the owners of the America, of Bristol, against the owners of
the ship Marpesia, of Liverpool, to recover losses sustained by the sinking of
the America by a collision on the 21st May, 1870. His lordship said the court
were of opinion that the Marpesia could not be said to be in stays, in the
sense of being out of command, at the time of the collision. All the
circumstances showed that she was in sufficient command to have obeyed the
rule of navigation. The question therefore was: "Did she take proper measures
for putting that rule into execution?". The court was of opinion that, if she
had attempted the manoeuvre of hauling aft the head-sheet again, and letting
go all the lee braces, she would in all probability have avoided the
collision. Not having done so, the court could come to no other conclusion but
that the Marpesia was alone to blame for the collision.