The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1886-11-09

thus only one man on the Dowsett
saw the schooner at all previous to the
collision.
"The testimony of the Dowsetts
people above given is not contradicted.
1t is certain that the Moiwahine was
not seen by the Dowsett in time for
them to avert a collision. The con-
clusion l have come to is that the turn
to port given to the wheel by the
Japanese helmsman was not made in
obedience to any order of the Dow
setts officers, for they testify to giving
none, and if it was in response to the
order Of Captain Staples it was too
late to be Of any effect. 1t seems to
me that it was only the ordinary NOV
ing of the wheel to keep her steady on
her course while steering the difficult
trick Of going dead before the wind.
"But why was the schooner not SEEM
The case for the Dewsett is that it was
because the schooner had no lights"
His Honor briefly reviews evidence on
this point given by men of the Dow
sett, promising to return to it. "On
the other hand, Captain Staples, his
mate Kuanoni, the two lookouts, Ku
and Geo. Albert, Nehemiah the helms
man, and the rest of the crew all say
most unhesitatingly that the side lights
were lit shortly after shutdown that
night, inspected by the captain, and
then placed correctly in the fore rig
ging, the green on the starboard and
the red on the port side" The Court
here details evidence already given our
readers, adding that a personal in
spection of the schooner's lights on
board during the trial convinced him
that the conditions testified to were
possible.
contradictions in testimony from
crews of opposing vessels are unfortun-
ately SO common in collision cases, that
courts of admiralty speak of them as
the usual thing to be expected. Which
is more likely to be true, in reference
to the schooner's lights, the testimony
of the Dowsetts people or of those on
the Moiwahine2 1t is to the credit of
the vigilance of the Moiwahine's watch
on duty, that they saw the Dowsett's
lights when she was, say, a mile off,
and we're on the alert and at their
stations when the collision occurred.
| This condition was more favorable to
accurate observation than that Of the
Dowsett's watch. The excitement at
tendant upon the sudden and unex-
pected collision, the attention they had to
pay to their own vessel in lowering their
sails, IN going around the schooner,
we're conditions unfavorable to accurate
observations His Honor proceeded
to give conclusions, to the following
effect: that the Dowsett was not in a
position, Immediately after the COLI
sion, to see whether the other vesse
had lights or not; that when the
schooner was in a favorable position
to have her lights visible, as tht
steamer crossed her bows after the col
ision, those on board the steamer were
so much occupied with other matters
as to prevent them making calm anc
accurate observations, and that, while
not imputing perjury to the Dowset
people, yet "the readiness with which
the steamers crew would be likely t.
color the evidence that would tend t
exculpote their own negligence mus
also be taken into consideration. )" Thi!
was, to his mind, "a mere satisfactor,
solution than to impute, without found
alton, wiIful perjury to the captain
mate and watch of the schooner Moi
wahine."
The Court found that the schoone
had lights, and, citing the law of thl
country and many decisions of United
States cases, showed that the steame
was bound to keep out of the way, ant
not having done so was bamable 70
the disaster. Not only keep out of tn
way, but the steamer must Stacker
speed when approaching sailing yes
sci, while the latter should keep on he
course. Then the lookouts on vessel
must be capable and in fresh condl
, ton, which the Dowsett's did not az
r pear to be, having been overworked
Shipowners were responsible if the
, kept men on such continuous duty a
to make them unfit for watch service
, About the point raised against tn
schooner for having put her helm dow
} instead of up, His Fonor quoted tn
Z following from a United States dec
S sion "This is the stereotyped excus
! usually resorted to for the purpose {
( justifying careless collision. 1t is usuall
E improbable and G nerally false" Tn
a sailing vessel is not allowed to chang
D her course; the law chooses for he
| and she is not to be held respol
e sible for an error of judgment mad
e when the collision is imminent. AS
the counsel for respondents argumel
: that sufficient efforts were not mad
e to save the steamer by her captain, tn
a Court went no further than to sugge
n, | IA ~ tha canfain ,,,ioht have ren1aine