The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-12-21
STEAMSHIP GLiUDIk[
LGlIh FOUND 1T FAULT
Judge Estee Lays Car
son Collision to
Mate Mcneil.
DECISION FOR pILTz and LOW.
UNITED STATES COURT FINDS
THAT ekEkEsTIsE's LIGHTS
WERE Is PLAIN VIEW.
Steamship Was Trying TO Cross the
Sailing Vessels 5o~-Wss On
Sogth~estery Course - Coneurs
with Supreme Court
With Supreme Court

United States Judge Estee and the
Justices Of the Hawaiian Supreme
Court are much OF the same mind in
the matter Of the collision between the
steamship Claudine and the barken-
tine William Carson II a decision
handed down yesterday by the federal
Judge. J. S. Low and Captain John
PITT may recover from the Claudine
people. the wilder Steamship Com
many. in the respective sums Of ss,05o
and SIl5eSO for merchandise and for
personal effects that were ruined and
lost in the briny deep on the fatefhl
night last December.
Judge Estee's main ground for the
decision is the feature OF the case re-
garding the disputed view, or lack OF
view. OF the lights Of the approaching
barkentine Just prior 70 the collision
In this connection the Supreme Court,
in the big damage case Of the owners
OF the Carson, hinged the decision
largely on the duty OF steamer to
always keep out Of sailing vessels
way. This is a sequence of the light
proposition. however. for ii is admit
ted that such is the duty Of steamer
under ali circumstances.
The Claudine people made strong
EFFORT to show that one OF the side
lights of the Carson was obscured.
The court holds that they failed 10
prove IL. The decision points out that
the mate on the bridge admits that he
saw one light anyhow. Again the
court arrives at the conclusion that
the Carson. which was in the Molokai
channel. coming in from Australia,
was on southwesterly course. The
court finds this to be true upon the
mistaken testimony OF the crew Jf
the Carson. and in passing states that
the only real evidence to the contrary
Is that OF some sea captains who were
not present and could not know Of
personal knowledge.
The fact is apparent that the sec
ond mate OF the Claudine did not know
his duty" says the decision in refer
ring TO the fact that that officer left
his post twice in the midst OF impend-
ing danger. and the orders given 70
the quartermaster are held up to the
incandescent judicial light. When
MCNEIL the second officer, saw the
light. instead of giving orders to do
any OF these things, or to take any
measures or precautions which were
necessary to avoid collision, he left
his post OF duty twice, ran down stairs
first TO find the other quartermaster.
and second to find the captain. remain
inE two minutes in the first instance,
as testified by him. and a minute on
the second occasion No lookout
was kept on the Claudine," says the
Judge. which was an objectionable
negligence for which there can be no
excuse"
The court held in conclusion that
Claudine did not slow down or stop.
that she attempted to cross the bow
OF the Carson when the latter was In
motion. which must result in a col
lision. and II was clearly the fault OF
the second mate. that the Carson did
not contribute at all to the collision.
but that the whole accident was due
10 the negligence and unskillful navi-
cation OF the Clsudine. for which her
owners are liable.
A decree for the sums mentioned Is
entered but nothing is allowed libel
liant PiltE for the personal effects of
his wife. as ii does not appear to the
court that he was authorized TO sue
for the same.