The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1900-12-20
JUDGE ESTEE'S DECISION
BLAMEs CLAUDINE FOR WRECK
OF CARSON.
Grius Officers of Steamer for Lack Of
Caution-Carson Sustained At Every
Point.

Judge Estee this morning handed
down a decision in the combined cases
of j. S. Low and Captain John Piltz
against the steamer Claudine and the
Wilder Steamship Company, in favor of
the petitioners at every point, save that
a claim for articles belonging to Mrs.
Piltz was not allowed, it not being
shown that Captain John Piltz had au-
thority to sue for her. j. S. Low is
awarded 1850, representing the value
of the cargo of the Carson, which was
lost; Captain Piltz is awarded $1,162.S0,
being the value of his private effects in
the wreck. Both get interest from the
time Of the collision and all costs.
1t took more than half hour to read
the decision. Numerous authorities
We're quoted. In several places the
court merciessly grilled the second
, mate of the Claudine and other officers
y of the vessel. Summed up, the findings
3 of Judge Estee are as follows: The
l lights of the William Carson on the
night of the accident were properly con-
structed, were placed according to
law, were burning brightly all the time
and could be seen for a distance of two
miles, as provided for by the regula-
tions; that the Claudine had no lookout
that the second mate of the Claudine
saw the green light of the William Car
son all the time, and allowed his vessel
to go right on to the danger; no effort
was made to slow up or to avoid the
accident.
Wilder Steamship Company came in
for roasting for not producing the
sheet rope which figured so much in
evidence. 1t seems that the company
bought the wreck and the court declar-
ed that it had kept out valuable evil
-dence which in some cases is a serious
matter.
Judge Estee found from a hearing OF
the evidence that the second mate OF
the Claudine saw the Carson's light
straight ahead half hour before the
collision. The second mate was run
ming the ship, the captain and firs
mate being down stairs or some where
else. The officer on the bridge left hi!
post and went down stairs to look fol
the captain, leaving the steamer to rur
itself. When the captain was finally
found and gotten on deck he concluded
that the light was too far ahead tC
bother with. Just then the first mat,
came up, and Immediately exclaimed
What are you doing, to port of tha
green light?" The order was given "por
the helm" which was executed, but to,
late. According to the evidence tn
Claudine ran about 1000 feet after tn
order referred to before she struck tn
Carson. Judge Estee thought sh
could have been slowed down in so
feet, and the accident thus averted.
The officers of the Claudine were con
demned as either not knowing or no
caring what they were doing. Judg
Estee called attention to the old regu
lation that steamer must avoid a sail
ing vessel at sea, and under no ordinar,
circumstances should a steamer eros
the bow of such a vessel. Judge Este
declared that the lack of a lookout Of
the Cuaudine was simply unpardonabl
and the lack of discipline was some
thing ineXcusable and for which ther
was no apology.
The court remarked that Hawaiian
laws were as severe as those of tn
United States in such cases, and re
ferred to several decisions of the Ha
waiian Supreme court bearing upon elf
ferent points.
Following the reading of the decisio
Attorney E.. b. McClanahan noted ex
ceptions and gave notice of appeal t
the Court of Appeals of the Ninth Cir
cult.