The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1886-11-02
SUPREME COURT.
The Admiralty Case.

OF the sinking of the steamer Jas. l.
Dowsett by collision with the schooner
Moiwahine was resumed at Supreme
Court Chambers before Chief Justice
Judd.
Capt. ]. c. Cluney was called on be-
half Of libellants. He considered the
Dowsetts position, when her masthead
light was first seen from the schooner,
to have been dead ahead of the latter.
Did not think it was good seamanship
on the part of Capt Staples, of the
Molwahine, to have put his helm up.
Cross-examined, he said he would have
put helm down at 100 or even 90 feet
distance, and discussed infinitely the
probabilities of collision in certain rela-
tive positions of two vessels. In direct
examination he said that if at a dis
lance of 50 feet the helmsman on the
Moiwahine saw the Dowsett's green
light only, the proper movement for
the schooner would have been to put
wheel down. He would not put helm
up unless the vessels we're some great
distance off
Capt. p p Shepherd, pilot Homo
lulu harbor, master mariner three years
previously, was sworn and questioned:
Wind T.. N. E., Dowsetts course w. S.
W., the Moiwahine's s. L. by E., dis
lance of vessels $50 feet apart, what
movement would you have executed
on the schooner l would have put the
wheel up at that distance. 1t was a
bad lookout where vessel had not
seen another till collided, unless the
schooner had no lights.
Capt King, seaman 40 years, 10
years in the coasting trade here, would,
in the position described, have put the
schooner's helm down starboard.
Thought the collision would have been
avoided had the Dowsett steered to
hard aport when hailed from the
schooner 1t indicated a close ques-
ton, the fact that the schooner was
struck within six feet of being cleared.
Capt A. Fuller, harbor master Of
Honolulu, IS years scattering man,
IS as master, gave evidence on behalf
of libellants to the same effect, namely,
that in the position described he would
have put wheel to starboard. Both
captains might have been good seamen
and yet have collision 1t was hard
to judge distances at night, and then
the lights were the only guide. A
steamer approaching a sailing vessel
must half speed; sailing vessel on her
port tack must port her helm. 1t was
the schOoner's duty to keep on her
course unless it became evident that
there was imminent danger, because it
was the steamers duty to keep off the
road.
Capt. John Ross was master mariner
for four or five years, and navigating
officer during all his service in the U.
S. Navy. In the position described
there was only one course left and that to
put the schooner's helm hard up. He
was not basing his answers on the sup
position that the Dowsett's course was
SO and SO, but on the questions coun-
sci was putting to him. 1t was doubt
full if the vessels could have cleared
anyway at distance Of $50 feet. A
captain trying to avoid collision would
have to estimate the distance between
the vessels. He would have put helm
down if there appeared to be neces-
sity of changing the schooner's course.
Capt. Kaianui, of the schooner Wal
lee, related a conversation he had with
Kuanon, mate Of the Moiwahine, in
which the latter said he repeatedly
asked Capt. Staples to change the
schogner's course on seeing the steam
er's headlights.
At 3I5 Mr.. Kinney began the argu-
ment for the respondents, speaking till
nearly o'clock, when the hearing was
continued till this morning AS there
is a cross action two arguments will be
allowed each side.