The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-11-02
SMnrCne Court.
N OBSERVATION-DISCLOSURES JUDD, c.

/ NcuINdIEHy MI =. i. 1ulISlou AII1
Messrs. Whiting & Creighton for the
| libelants; Mr.. :. E. Dole, IIessrs. Kin
/ ney q Peterson and Mr.. R. F. Bickerton
/ for the respondent.
Additional expert witnesses were
/ called by the Hbelants.
Captain J c. Quincy stated that the
/ Dowsett's position when her masthead
/ light was first seen by the Moi Wahine
( must have been dead ahead. Thought
( it was not good seamanship on the part
of Captain Staples to have put his helm
/ up. Witness would have put it down.
Had been in a similar position himself.
J Ia cross-examinatiOn the minutest par
ticulars were entered into. A vessel close
hauled would have minded her helm
/ quicker coming to the wind than going
off. The vessel coming before the wind
would turn quicker. Supposing the
Moi Wahine and Dowsett were 20 or 100
feet apart and the Dowsett pointing to
the schooner amidships, if the Dowsett
had turned to starboard there would
! have been plenty Of time to clear.
Re-examined: If the helmsman of the
schooner saw the Dowsett's green light
only, when $50 feet distant, his proper
movement would have been to put the
wheel down.
To the Court Would not put my
wheel up unless the vessel were some
great distance off.
Captain p. ?. Shepherd, pilot in Hon
olulu harbor, was asked what movement
he would have executed on the schooner
under the circumstances described? He
would have put the wheel up at dis
lance of $50 feet.
Captain King would have put the
schooner's helm down starboard.
in cross-examination witness was
asked, Would not the DOwsett have
cleared had she put her helm hard
a-port, as called out by Capt. Staples?
1t shows pretty close calculation where
vessel is struck six feet from stem.
Thought the collision would have been
avoided, had the Dowsett steered to
hard a-port 1t is not always necessary
to adhere to rules to avoid a collision.
Capt. 4. Fuller, Harbor Master, would
have starboarded the helm of the
schooner had he been standing at her
wheel and seen both lights of the Dow
sett. 1t would be rather hard to port
the schooner, under the circumstances,
in so short a distance. At150 feet would
have no hesitation in starboarding.
Cross-examined-It takes some time
for vessel before the wind to pay off,
even if her mainsheet is Stacked. The
question was asked: Do you consider
the manruvre performed by Captain
Staples neglectful? [Objected to, and
objections noted Do you consider it
gross negligence on the part OF Captain
Staples, after calling out to the Dowsett
to port her helm, and when she had
turned her wheel one turn, that Captain
Staples should turn his wheel down?
All depends upon circumstances. Both
captains may have been good seamen.
1t is hard to calculate distances at night.
Re-examined: The rule is for a steamer
approaching a sailing vessel to half
speed a sailing vessel on her port tack
must port her helm. 1t was the schOOner's
duty to keep on her course Hni6s5 it be-
came evident that there was imminent
danger, because it is the steamers duty
to keep off the road.
Captain John Ross stated that if the
three lights OF the Dowsett were seen $50
feet off, the schooner calling out to the
steamer to port her helm, there would
be only one course open, and that Is to
put the schooner's helm hard up. The
schooner should have been kept on her
course, and CHANGED avoiding the col
lision.
Cross-examined Do not consider that
a vessel going before the wind could
mind her helm any quicker than one on
the wind The schooner must have
been as if on a pivot when her main
sheet was let 90.
Counsel for the Hbelants asked per
mission to recall Captain Dudoit for the
purpose Of showing the position OF the
Dowsett's helm. This was compromised
on condition that respondent were also
allowed to recall Captain Staples, and
ask him similar questions.
The Court ruled that it is not rebuttal,
and these witnesses were not recalled.
Captain Kaiami had heard the mate
Of the Moi Wahine say that he told the
captain to change the course-LObjected
to, and exceptions notedl-after the
schooner saw the Dowsett's three lights.
The captain replied, All right The
mate again called the captains attention
10 there being a steamer ahead, and sug-
gested to keep the schooner off. The
captains reply was not stated.
This concluded the evidence, and ar
gument was commenced by Mr.. Kinney,
and Will be resumed at 10 o'clock this
morning There being a cross-bill, each
side will be allowed two arguments.
sachs Grand Opening.
Great preparations are being made for
the grand opening Of millinery and