The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-11-01
Supreme Court.
N COMMUNICATIONS JUDI e.. 3.

AcCONcl f-o,UoU LOT the loss OF the
steamer James l. Dowsett. Hon. Paul
Neumann, Mr.. l.. A Thurston and
Messrs. Whiting & Creighton for the
ibelants; Mr.. s. 3. Dole, Messrs. Kin
ney q Peterson and Mr.. R. F. Bickerton
for the respondent.
Z. B, Drew, Captain Of the Claus
Spreckels, was called as a expert wit
ness. The speed of the vessels and
other circumstances being presented to
him, he stated as far as it was possible
the effects Of the conclusion upon the
courses Of the vessels. A diagram giving
their respective positions Immediately
prior TO the collision, as described by
previous witnesses, was shown TO him
in cross-examinatiOn, and he stated that
ii the steamer had put her helm hard
aport and swung over her mainsail there
would either have been glancing blow
or the collision would have been averted.
If he had been Master of the schooner
he would not have kept her three points
off, as was said to have been done. He
would have kept her on her course.
Captain Staples was then recalled.
and stated that he had no other green
light on board except the one in the
rigging The Moi Wahine's cargo con-
sisted of Is tons of coal, 5000 feet OF
lumber on deck, and some general mer-
chandise. All the appurtenances of the
vessel were in good condition, and there
was good crew. The after part of the
vessel was badly strained by the COLI
sion, and has not been as strong since.
He put the helm up instead of down;
thinking to clear the vessel altogether.
Had he put it down it would have
brought the bows together and pro badly
sunk both vessels. He would act the
same again under the circumstances. If
the steamer had put her helm hard
aport she would have cleared the
schooner. No answer came from the
Dowsett to witness call, Hard aport -
ne was then within 100 feet of the man
at the wheel. From the time the Dow
sett was first sighted to the moment of
the collision the schooner kept the same
course. The Dowsett began to port her
wheel when about 70 or 100 feet from
the schooner. Witness then described
position of the lights They rest against
a board two feet long in the rigging. To
the Court: The collision could not have
been avoided by any change of manp- |
uvre on my part.
I. SOrrenson, a ship carpenter. who !
repaired the injury to the Moi Wahine. !
described the same. His bill was $27O, /
a reasonable charge. She was not as
good as new afterwards. She is not |
worth as much by $3.50 The stern of |
the Dowsett was not sufficiently fastened |
to have twisted off as it did. If the
Dowsett had struck at right angle the /
Moi Wahine would have sunk also.
). G. Allen, recalled, valued the Moi /
Wahine at $9,557 Is landed here. Was
not interested in the freight value. The
up freight would amount to $8I 90. She
lost a trip by the collision. Witness
then detailed the expenses and loss
by the collision, amounting to
81 1877 SO.
ter's and surveyors accounts.
The same witness, in cross-examina-
ton, stated that the Moi Wahine did not
get the cargo of sugar she would other
wise have got.
Counsel for ibellants then called G.
K. Il. Jackson, who had been 20 years
the British navy. He described how
the light boxes should be constructed ac-
cording to statute. He believed if the
Moi Wahine had put her helm down the
collision would have been averted. Had
ne been on the schooner he would have
kept straight on the course and thereby
averted the collision. Short sighted
men are allowed TO follow the sea as a
vocation. If the man at the wheel of
the Dowsett had seen the schooner at 80
ieet he should have been able to swing
her free. The Moi Wahine would paw off
rom l to points while the Dowsett was
going that 80 feet, and the Dowsett
would at the same time pay off 3 points.
Then they would have cleared each
'ther. He had based his conclusions
lpon the evidence given by previous
witnesses. Witness was cross-examined
Is to the regulations affecting the lights.
tic. He was guided in what he said bv
he maratime law OF England. The Ha-
Faiian is the same. The light boards
hou'd be 3 feet long; if only feet, they
re not the regulation length. ,
Kalawakekai, in rebuttal, testified to
laving met the Moi Wahine off Waikiki
wo weeks after the collision. She had
10 lights; must have seen them if she
lad. Witness was on board the Mana.
'ross-examined 1t was a moonlight
light 1t is a very unusual thing to :
meet a schooner without lights Papu, I
ne OF the Mana's men, called out to {
hem, You have no lights Did not
ear the reply. Kololina also called out. +
Why don't you light up?'' Several l
theirs hailed her. She passed twice. 4
fter she had tackled witness saw the :
reen light. Would have seen the red 5
ght the first time she passed had it been 5
here. :
Kolohina corroborated the statement 5
last witness about there being no 5
ghts, but said ne did not call out. 5
The Court then adjourned to 9:I5 this 5
corning. :,
CToBER TERM - BEFORE MR.. JUSTICE I
PRESTON