New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-09-23
COURT RECORD.
WEDNESDAY, sEPTEMBER %, 1875.
United states Supreme Court.

the Mississippi river, few miles above New
orleans, and Is surrounded with the usual
dlhcuity growing out Of the conflicting
character OF the evidence. There is some
excuse, even for the party in fault, when
two boats collide in tempesluous or fogev
weather, or ON dark night, but there are
no exculpatory circumet Ances attending
this disaster. 1t happened before dark, in
the middle of the Mississippi, when the
light was good enough to distinguish small
objects on both banks of the river, Tho
weather was clear and calm, and the river
was unobstructed; atfOrding ample room for
passage on either side of the point where
the vessels collided.
Not withstanding there were 80 MANY
sion resulted in the drowning of two sea.
men and the wreck of the smaller steamer,
1t Is very plain that it ought to have been
avoided, and the inquiry lie, who is to blame
TOR 1t! II almost uniformly happens in
cases of this description that different ac-
counts are given of the occurrence by those
IN the employ Of the respective vessels, and
that the court has difficulty in this conflict
OF evidence of deciding to which side a pre-
ferable credence shoIld be given. There
are generally, however, in every case some
real facts which enable the court to deter
mine where the blame lies, and this case ia
one of that character There Is no dis
pute that the Cleona, q small stern wheel
boat of the burden of lls tons left
New Orleans on the twenty eighth of
August, 1863, at about p. NJ, bound on
voyage to Donaldsonvllle, Louisiana, with
an assorted cargo of merchandise for the
various plantations on the coast; and that
the Steamboat Great Republic, Of the bur-
den OF 22o0 tons. large and very fast YES.
sel with side wheels, left New Orleans the
same evening, some time after the Cleona,
and bound on voyage to St. Louis; that
both boats crossed the river from the right
to the left bank, just above Nine.mile Point,
and Strengthened up on the left bank and
ran parallel TO the shore tor some time, the
Cleona being some distance ahead, and the
Republic following almost in her wake.
just previous to reaching Twelve mile
Point the Cleona started to cross the river
10 an oblique direction, intending to land at
Waggaman's plantation to put out freight,
The Republic kept bearing to the left, fol.
lowing the Cleona instead of keeping her
course, and finally overlook her about the
middle of the river and the collision oc-
CURED. There is great deal of discrep.
ancy in the testimony relative to the dis.
lance between the two boats at the time the
Cleona started to cross to the Waggaman
plantation, the libelants witnesses placing
the dist ,nce at from 600 to $50 yards, willis
the witnesses for the respondent locate it
all the way from forty to 300 yards. Under
the most favorable circumstances it is i'm
possible to measure distances on the water
with accuracy, but in times of excitement
there is very little reliance to be placed
on the opinion of any man on this
subject, and especially is this go when
the condemnation OF boat may depend
upon it. If the Cleona was only some two,
or even three hundred yards ahead of the
Republic, it was certainly imprudent in her
officers to undertake to cross the river, but
it she was more than double this distance
in advance there is no reason why she
should not cross il she had business on the
opposite side. Without discussing the ties.
timony to show on which side the proba-
bilities are, there are certain things in con
nectiOn With this part of the case which are
inconsistent with the theory advanced by
the respondents. According to the testi-
mopy OF nearly all the witnesses the Repub-
lie was going twice as fast as the CleOna,
or, in other words, making 200 yards to the
Cleona's 100. 1t lie quite clear that the
CleoDa was not more than forty OF fifty
yards from the left shore when she turned
to cross over, and must have sailed, to
reach the middle of the river Ia half mile
wide at that point, and cOnfessedly the
place of collison), nearly, ii not quite, 400
yards, and occupied, at her rate OF speed,
at least tive minutes of time in doing it.
AS the Republic was swinging to the lar
board which would increase the distance
outside of the Cleona she must have gone
considerably over 800 yards to reach the
point OF collision. Besides, as the distance
between the two boats when the Cleona
undertook to cross was as short as the re-
spondents say, the collision would have &C.
Cured much sooner. AS the speed of the
Republic, by the report of the testimony,
was twelve miles an hour, en- abling her to
make $50 yards in one minute, it would,
therefore, seem quite clear that she was far
enough ahead to cross with safety, on the
suppOsition that the following boat would
pursue the prescribed rules of navigation.
Apart from this view OF the subject, the
Republic can not escape condemnation if
the case is tested by the account which the
pilot at the wheel gives OF the affair. He
says he thought when the Cleona turned to
the larb0ard she was steering-running of
from the shore. At this time the Republic
was below her in tho current about $50 or
300 yards, and TO the larbOard of her about
the same distance; tnat as soon as the
Cleona sheered to The larboard he pulled to
the larboard and rang the stopping and
backing bells, and that the Cleona gave no
signal until she had been running out
about half a minute, when she blew two
blasts OF her whistle; and that the collision
occurred in about halt a minute from the
time the backing bells were rung. This
pilot acted on the belief that the CleOna
had sheered when she made the sudden
turn, and, therefore, followed her until he
overlook her in the middle of the river, in
stead of keeping his course, which the whole
evidence shows would have prevented the
That the Cleona's movement was
not clear sheer is manifest enough. But
what right had the pilot to proceed on that
Imnraasinna Of fhia anrt
not admissible, and ought never to be en-
tertained by pilot, and if disaster occurs
the consequences must rest on the boat he
is guiding. The cause of this collision ia
clearly traceable to this mistake: and, to
use no barsher term, the pilot showed great
on the occasion. 1t was his duty
to have kept on his course, and if he had
done this instead of swinging to the larboard
the accident would not have happened.
Even had he ported his helm but few
after the danger WAS imminent 1t
would at least have checked the swinging
Of his boat to larbOard, and this would have
prevented the disaster, as the evidence
shows ten feet would have cleared the
CleOna, and five feet saved everything ex-
cept few of her wheel arms.
As boats are not apt to sheer IN deep
water there was no excuse for the mistake
made by the pilot. II, however, steering
we're possible, as it is out OF the common
course of things, ordinary prudence would
have told this pilot to have exchanged sig
,als, 30 as to have understood what the
movement was. Instead Of this he did not
answer the signals of the Cleona, which
he law says he must do in order to avoid
Two whistles were blown on the
Cleona, which the pilot and others on board
he Republic interpreted as meaning but one |
igAsl. Whether these whistles constituted
me signal or two, anSwer should have been
made, and, it may be, if this had been done
he result would have been different. The |