第 56 节
作者:
翱翔1981 更新:2021-02-19 00:45 字数:9321
egg shell and the egg shell might be blown away by the wind; but
if under the same influence they would go the same way。 Logs;
floats; boards; various things the witnesses say all show the
same current。 Then is not this test reliable? At all depths too
the direction of the current is the same。 A series of these
floats would make a line as long as a boat and would show any
influence upon any part and all parts of the boat。
〃I will now speak of the angular position of the piers。 What is
the amount of the angle? The course of the river is a curve and
the pier is straight。 If a line is produced from the upper end
of the long pier straight with the pier to a distance of 350
feet; and a line is drawn from a point in the channel opposite
this point to the head of the pier; Colonel Nason says they will
form an angle of twenty degrees。 But the angle if measured at
the pier is seven degrees; that is; we would have to move the
pier seven degrees to make it exactly straight with the current。
Would that make the navigation better or worse? The witnesses of
the plaintiff seem to think it was only necessary to say that the
pier formed an angle with the current and that settled the
matter。 Our more careful and accurate witnesses say that; though
they had been accustomed to seeing the piers placed straight with
the current; yet they could see that here the current had been
made straight by us in having made this slight angle; that the
water now runs just right; that it is straight and cannot be
improved。 They think that if the pier was changed the eddy would
be divided and the navigation improved。
〃I am not now going to discuss the question what is a material
obstruction。 We do not greatly differ about the law。 The cases
produced here are; I suppose; proper to be taken into
consideration by the court in instructing a jury。 Some of them I
think are not exactly in point; but I am still willing to trust
his honor; Judge McLean; and take his instructions as law。 What
is reasonable skill and care? This is a thing of which the jury
are to judge。 I differ from the other side when it says that
they are bound to exercise no more care than was taken before the
building of the bridge。 If we are allowed by the Legislature to
build the bridge which will require them to do more than before;
when a pilot comes along; it is unreasonable for him to dash on
heedless of this structure which has been legally put there。 The
Afton came there on the 5th and lay at Rock Island until next
morning。 When a boat lies up the pilot has a holiday; and would
not any of these jurors have then gone around to the bridge and
gotten acquainted with the place? Pilot Parker has shown here
that he does not understand the draw。 I heard him say that the
fall from the head to the foot of the pier was four feet; he
needs information。 He could have gone there that day and seen
there was no such fall。 He should have discarded passion and the
chances are that he would have had no disaster at all。 He was
bound to make himself acquainted with the place。
〃McCammon says that the current and the swell coming from the
long pier drove her against the long pier。 In other words drove
her toward the very pier from which the current came! It is an
absurdity; an impossibility。 The only recollection I can find
for this contradiction is in a current which White says strikes
out from the long pier and then like a ram's horn turns back; and
this might have acted somehow in this manner。
〃It is agreed by all that the plaintiff's boat was destroyed and
that it was destroyed upon the head of the short pier; that she
moved from the channel where she was with her bow above the head
of the long pier; till she struck the short one; swung around
under the bridge and there was crowded and destroyed。
〃I shall try to prove that the average velocity of the current
through the draw with the boat in it should be five and a half
miles an hour; that it is slowest at the head of the pier and
swiftest at the foot of the pier。 Their lowest estimate in
evidence is six miles an hour; their highest twelve miles。 This
was the testimony of men who had made no experiment; only
conjecture。 We have adopted the most exact means。 The water
runs swiftest in high water and we have taken the point of nine
feet above low water。 The water when the Afton was lost was
seven feet above low water; or at least a foot lower than our
time。 Brayton and his assistants timed the instruments; the best
instruments known in measuring currents。 They timed them under
various circumstances and they found the current five miles an
hour and no more。 They found that the water at the upper end ran
slower than five miles; that below it was swifter than five
miles; but that the average was five miles。 Shall men who have
taken no care; who conjecture; some of whom speak of twenty miles
an hour; be believed against those who have had such a favorable。
and well improved opportunity? They should not even qualify the
result。 Several men have given their opinion as to the distance
of the steamboat Carson; and I suppose if one should go and
measure that distance you would believe him in preference to all
of them。
〃These measurements were made when the boat was not in the draw。
It has been ascertained what is the area of the cross section of
this stream and the area of the face of the piers; and the
engineers say that the piers being put there will increase the
current proportionally as the space is decreased。 So with the
boat in the draw。 The depth of the channel was twenty…two feet;
the width one hundred and sixteen feet; multiply these and you
have the square…feet across the water of the draw; viz。: 2552
feet。 The Afton was 35 feet wide and drew 5 feet; making a
fourteenth of the sum。 Now; one…fourteenth of five miles is
five…fourteenths of one mileabout ;one third of a milethe
increase of the current。 We will call the current five and a
half miles per hour。 The next thing I will try to prove is that
the plaintiff's (?) boat had power to run six miles an hour in
that current。 It had been testified that she was a strong; swift
boat; able to run eight miles an hour up stream in a current of
four miles an hour; and fifteen miles down stream。 Strike the
average and you will find what is her averageabout eleven and a
half miles。 Take the five and a half miles which is the speed of
the current in the draw and it leaves the power of that boat in
that draw at six miles an hour; 528 feet per minute and 8 4/5
feet to the second。
〃 Next I propose to show that there are no cross currents。 I
know their witnesses say that there are cross currentsthat; as
one witness says; there were three cross currents and two eddies;
so far as mere statement; without experiment; and mingled with
mistakes; can go; they have proved。 But can these men's
testimony be compared with the nice; exact; thorough experiments
of our witnesses? Can you believe that these floats go across
the currents? It is inconceivable that they could not have
discovered every possible current。 How do boats find currents
that floats cannot discover? We assume the position then that
those cross currents are not there。 My next proposition is that
the Afton passed between the S。 B。 Carson and the Iowa shore。
That is undisputed。
〃Next I shall show that she struck first the short pier; then the
long pier; then the short one again and there she stopped。〃
Mr。 Lincoln then cited the testimony of eighteen witnesses on
this point。
〃How did the boat strike when she went in? Here is an endless
variety of opinion。 But ten of them say what pier she struck;
three of them testify that she struck first the short; then the
long and then the short for the last time。 None of the rest
substantially contradict this。 I assume that these men have got
the truth because I believe it an established fact。 My next
proposition is that after she struck the short and long pier and
before she got back to the short pier the boat got right with her
bow up。 So says the pilot Parkerthat he got her through until
her starboard wheel passed the short pier。 This would make her
head about even with the head of the long pier。 He says her head
was as high or higher than the head of the long pier。 Other
witnesses confirmed this one。 The final stroke was in the splash
door aft the wheel。 Witnesses differ; but the majority say that
she struck thus。〃
Court adjourned。
14th day; Wednesday; Sept。 23; 1857。
Mr。 A。 LINCOLN resumed。 He said he should conclude as soon as
possible。 He said the colored map of the plaintiff which was
brought in during one stage of the trial showed itself that the
cross currents alleged did not exist。 That the current as
represented would drive an ascending boat to the long pier but
not to the short pier; as they