The San Francisco call., 1896-08-12
down, stopped her, and / as the San Rafael went

down. stopped her, and, as the San Rafael went
by, gave her two turns back.
Captain White subsequently testified that
the San Rafael crossed his bow on ~ to 9
pointcourse, but on being asked by Captain
Tribble, .'Did l change my course any?' an
swered 81 do not know" Later on CAPTAIN
White testified, "She (San RafaeD came right
up and crossed our bow as soon as l slowed
down" OF course she did, the way his boat
was then headed.
Charles Gustafson, mate of the Tiburon, for
the prosecution, testified that he was in the
pilot-house with Captain White. His testi-
mony was so contradictory as to be Of little
value one way or the other.
H c. Langrehr for the prosecution testified
that he was in the pilot-house of the Tiburon
by invitation of Captain White aud when
somewhere 200 feet off Lombard street Captain
White suddenly rose up and looked behind him
Beyond his paddle-wheel from the pilot-house
going along. Captain White took his wheel,
pulled the bell and said in a very solemn, dig
nified manner, ''Let her go by'
Captain Tribble when asked by the court if
he had changed his course at any time an
swered, "Not one hair, sir" George MeIlo-
wich, mate of the San Rafael, who was In her
pilot-house al the wheel, testified that her
course was not changed. The testimony OF
these two officers wss strengthened by the
testimony OF w. r. Kidd an English ship-
master, who was seated aft on the sen Rafael,
as he stated, beside Mr.. Doane, who remarked
"I wonder where she (meaning the Tiburon)
is going to?" Kidd testified that he then
looked over and saw the wake of the San Ra.
fael was straight, indicating that she made no
change in her course, and then he noticed the
Tiburon when she came within thirty or forty
feet from the San Rafael back her engines and
STOP de was positive the wake of the San Ra-
fael was straight.
Captain Mckenzie of the sausalito testified
that he was coming over from Sausalito and
saw the San Rafael and Tiburon about half
mile distant, the latter, as it appeared to him,
Tapping on the quarter OF the San Rafael
abaft her wheel. All at once he saw the
Tiburon sheer off four to five points to pass
around the San RafaePs stern, which she did
The testimony of the witnesses as to the rela-
tive positions OF the two steamers from the
time they left their slips until the stoppage of
the engine of the Iiburon is somewhat conflict
ing.
Their courses were nearly parallel. conyerg-
ing from the distance between them off Lom-
bard-street wharf, say 400 TO 500 feet about
$50 wards OF the northeast point of Alcatraz
Island, distant about one ana half miles.
There was little or no difference in the speed
OF these vessels in their then condition They
were not raclng-the opinion OF the bootbiack
on the San Rafael (who, a witness stated
threw down his brushes and exclaimed
There is a race on'') to the contrary not
withstanding.
The officers in charge OF these respective
steamers on that occasion should be the most
reliable witnesses as to what transpired The
evidence of Captain White, it will be noted is
very con ortradictory i'll itself, while that of Cap
tain Tribble is straightforward, especially as
to the fact that at no time before the stoppage
OF the Tiburon did he change his course. Cap
tain Kidd testified TO that fact. There is not
the slightest doubt in my mind about that so
any maneuvering for change of sides on that
occasion was resorted to wholly by Captain
White, who. seeing that he could not distance
the San Rafael, concluded to pass under her
stern, so put his wheel to starboard for that
purpose, got it little too far over and, it not
being fitted with steam-steering gear, he could
not meet her with her helm, and finding that
he was getting too c ose on the San afael he i'm
mediately rang the engine bell to slow, sto and
back his engine. Tne ringing OF the bells
seriously alarmed many OF his passengers, not
ably the complainants, all respectable gentle
men, who. like Mr.. Gerstle. seeing the posi-
ton of the two steamers alter the head OF the
Tiburon had got around to the east of north,
thus bringing the San Rafael three to four
points across her bow and not very remote
naturally concluded that it was the San Rafael
that had changed her course in order to cross
the bow OF the 11buron. They were OF course
much alarmed, held an indignation meeting
md drew up the complaint in this case against
Captain 1ribble. Why did not Captain White
fl complaint with the local inspectors, as it
was his duty to do, If the San Rafael put her
helm astarbOard to cross his bow without CIV
ing the proper signal? No possible reason can
be assigned for such course on her part.
Captain White knew that she did not sttemp ut
to cross his bow; to the contrary, he by an
oversight brought her across his bow and
failed TO notify the complafnants OF his error,
which would have avoided the trouble that
has been unnecessarily brought about by this
trial. He did not do it, but seemed to prefer
assisting in the prosecution of Tribble in the
examination of this case, in which he acted as
prosecuting attorney, and failed sadly in
bringing out single fact advantageous to the
prosecution.
The complainsnts have, in my opinion,
failed to esta ablish satisfactory proof or their
charges against Captain w. T. Tribble, who
has been enormously wronged by them. The
complaint against Captain Tribble in this case
is therefore dismissed with out any prejudice
to him whatever. JOHN BIRMINGHAM,
Supervising Inspector First District