The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-12-15

Of the evidence. .. 60. Williams. deck hand
says she was 40 or 50 feet Vol. 1 n AZ me
eneiheer testifies that the wheel made about two
surns OF one and half before the 81. Nicholas
VI StIucA tne bridge after the signal was gwen
VOL ], p. Of the evidence The diameter nj
the wheel is p feet. Richardson 8 pilot form
cry on the 81. Nicholas says she could turn in
i s.. o~n ienSth easily, and stop her 10 her own
tenRtn- ;. J. Armstrong testifies that after the
signal 70 stop, the steamer struck before
ne hsd walked 10 feet. before he had
gone from near the engine room 20 the shaft
mnnssses Tor the hbelants testify that they
saw saw tne bridge man waving BIS light and walk
ing across the draw before the signal was given:
TWO OF them, Lewis and Miller testify that tbey
toid capt Boulineau that the bridge was closed
bsS ne discovered IT, in fact BoulIneau
sne steamer was in 800 feet Of It, he might easily
nave turned into the marsh, a thing cornrno nlv
zone oy those steamers; or might Lave stopped
tue s. Gamer altogether AS a general rr,le a
steamboat can be stopped in her own LENGTH. or
near that Hag Admiralty. D. ala
with reference to the question so much
nl9oted ID the argument. whether the lights
indicated that the bridge was open or closed
and while 1t is quite conflicting. toe weight OF
the evidence both for the llbelants and re-
spondents indicate that the lights we're in a
position TO show that the bridge was closed
Tue evidence is exceedingly voiuminous, but a
close analysis OF It enables us to reach no other
conclusion.
THE BRIDGE LIGHrs IRREGULAR.
IL IS also clear from the evidence that the
ooatmen generally understood that there was
little regularity about the lights the bridge
Usina testih ed that at times he had seen no
light at all J. B. Avery fsstihed nothing def.
mite about the lights, hardly ever saw them two
alike: never depended on lights, because there
70 nothing definite about them W. H. Swift
testified: have sesn one red light and the
bridge closed, and one red light and the draw
open. Ramon Noble testified; When don't see
the lights anywhere. / step and inquire until
they are pointed out, one on the east and one
on the west. It is evident, therefore, there was
no uniformity about these lights. and Boulineau
was the more culpabe. and the master of the
OF the ST. Nicholas was the more culpabls in
steaming against the draw bridge in the dark
night at the rate OF seven miles an hour. On
the whole there can be no doubt whatever in
our opinion, as 70 the negligence of the St.
Nicholas, and that the hbellants are entitled to
recover the entire amount of the stipulation
A master will be appointed To apportion this
fund among tho lbelaDtS after providing for
the cost and expenses of the litigation and
when bis re port Is filed and approved decree
VIII be entered 10 accordance Herewith
The amount Of money involved in the
libel is IS 900, which is covered by q bond
the steamer having been DESTROYED by fire
some time ago. Uhder the limited liability
act OF congress the libelants could not re-
ceive more than the value of the property
which did the damage. The fund Ia to be
divided among forty people. and a master
will be oppointed by the court for this pur-
pose.
The libelants were anxiously awaiting
Judge Speer's decision, and when they
learned yesterday that 1t was in their favor
there was general rejoicing.
w. r. Leaken, ESQ.,, one of the attorneys
for the spo dent, told a MORNING NEWS
reporter last night that the end is not yet
in the st. Nicholas case. Mr. Richards and
himself propose to appeal Jan. 4, to the
New Orleans court OF appeals from Judge
Speer's decision. They will not give up the
fight until the court of last resort passes
upon the issues.