The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1886-11-16

schooner had swung Of before the
wind and her stern was pointing TO
wards the ~Dovsett's~ bow.
Sll they should have been seen by
them when they rounded the
schoongs bows.
1 have come 70 the conclusion that,
without Inpuiing dishonesty and per
jurv 10 the ~Dovsatts- people. they
must have looked al the schooner
only when she was in an unfavorable
position Tor her lights 10 be seen snd
that when her position wss favorable
they must have been occupied with
other matters and did not make calm
and accurate observations.
The readiness with which the
steamers crew would be likely 70
color the evidence that would tend 10
exculpate then own negligence must
also be taken into consideration.
This / to ny mind more salts
factory solution than to impute. with
ont foundation, vilful perjury to the
captain. mate and watch Of the
schooner ~Aoiwahine.~
Their testimony n tins respect Is
50 positive ana ciDcumstantial and 50
probable that I an convinced Of Its
truth.
Il Is not at al likely that Captain
STABLES with mariners experience
in waters where the law IN regard 70
carrying lights Is strictly observed
and where navigation Is more difficult
ana dangerous. would 50 soon have
fallen into the slack WAYS which il Is
said prevail II our inter-island waters.
II must not be forgotten that there
was but one lockout IN service on the
"DowssJt" al and lust before the
collision. the boy healoha. and be
says he had stood his watch as look
out from eight to twelve on the pre-
vious night and had worked al day
discharClng and loading cargo al
husu- ~ Nautical lookOuts must be
properly stationed and should be
yigllsnt II the performance Of their
duty and i they are incompetent OF
lnattentive. and the collision occurs
II consequence Of their neglect. the
vessel 70 which the lookout Is attached
must lie held responsible for the II
Jury resulting 70 the other vessel
Judge Clifford IN the Sea Gull
= Wallace Ia
I cannot consider the lookout on
the DOvsett as answering the
requirements of competency and
vigilance. He should have ben
the best and the freshest saL0r
IN tn ship especially considering
that the -'Dowsett was running 81 1
full speed down the channel on q /
night when i was known that several /
steamers were leaving Honolulu and |
would lie net. Ship. owners are re
sponsible # they impose such con |
tinuous duty On their men as 70 make /
i physically impossible for them 70 /
keep awake OF be vigilant. The /
watch had evidently become weari-
some u healOhs and haupalei for 1
the latter had left his post about 4
eleven O'Clock 10 see II II was not mid
night by the ships clock when his
watch would cease
The only solution Of the statement
THAI the ~Dovset1s' crew saw after
they had rounded the schooner g
green light displayed Oh her port side
between her fore and main rigging.
which : al all satisfactory 10 me Is
that the schooner went about and
started for Honolulu as the ~Dowsett
was leaving her for Molokai. Captain
Staples says he did 50 when the
~Dovsatt was from SIX hundred TO
eight hundred feet from the schooner.
This would make the green light on
the stsrboard side visible from the
~Dowsett and II she did not wear
around but tackled. the light would
appear 70 be al about the mainmast.
Il the Observers thought her bow was
where her stern was. they not motto
ing that she had tackled ship.
The testimony Of the steward Of
the ~Dowsett' IN regard 10 seeing s
man put I'D the light and throw the /
match 10 windwtrd as Il be had Just
lit It. I regard as unworthy ot belief.
as well a the testimony Of Palsile
4 friday Of the -Moivahine- that the
green light was used 10 examine the |
injuries On his vessel. !.
Having found that the schooner
had her proper lights displayed dur
ing the night of the collision the de
eision Of tins case becomes simple.
Without doubt the lines Of the
courses which the respective vessels
were pursuing would intersect II con |
5nUed The bast proof OF this Is the |
fact that q collision did occur.
Il Is clear from the evidence that
the schooner was not seen by the
steamer until the collision was immi-
nent and l think inevitable. l have
found that The schooner had proper
lights. Il follows as necessary con
clusion from these facts and the law
that the steamer was the cause of the |
disaster Both vessels were Hawaii
an and the place Of collision Is one Of
ouT own channels.
In 1864 the Legislature passed an
act, IN compliance with a request
from Great Britain and France, /