第 57 节
作者:
翱翔1981 更新:2021-02-19 00:45 字数:9321
represented would drive an ascending boat to the long pier but
not to the short pier; as they urge。 He explained from a model
of a boat where the splash door is; just behind the wheel。 The
boat struck on the lower shoulder of the short pier as she swung
around in the splash door; then as she went on around she struck
the point or end of the pier; where she rested。 〃Her engineers;〃
said Mr。 Lincoln; 〃say the starboard wheel then was rushing
around rapidly。 Then the boat must have struck the upper point
of the pier so far back as not to disturb the wheel。 It is forty
feet from the stern of the Afton to the splash door; and thus it
appears that she had but forty feet to go to clear the pier。 How
was it that the Afton with all her power flanked over from the
channel to the short pier without moving one foot ahead? Suppose
she was in the middle of the draw; her wheel would have been 31
feet from the short pier。 The reason she went over thus is her
starboard wheel was not working。 I shall try to establish the
fact that the wheel was not running and that after she struck she
went ahead strong on this same wheel。 Upon the last point the
witnesses agree; that the starboard wheel was running after she
struck; and no witnesses say that it was running while she was
out in the draw flanking over。〃
Mr。 Lincoln read from the testimonies of various witnesses to
prove that the starboard wheel was not working while the Afton
was out in the stream。
〃Other witnesses show that the captain said something of the
machinery of the wheel; and the inference is that he knew the
wheel was not working。 The fact is undisputed that she did not
move one inch ahead while she was moving this 31 feet sideways。
There is evidence proving that the current there is only five
miles an hour; and the only explanation is that her power was not
all usedthat only one wheel was working。 The pilot says he
ordered the engineers to back her up。 The engineers differ from
him and said they kept on going ahead。 The bow was so swung that
the current pressed it over; the pilot pressed the stern over
with the rudder; though not so fast but that the bow gained on
it; and only one wheel being in motion the boat nearly stood
still so far as motion up and down is concerned; and thus she was
thrown upon this pier。 The Afton came into the draw after she
had just passed the Carson; and as the Carson no doubt kept the
true course the Afton going around her got out of the proper way;
got across the current into the eddy which is west of a straight
line drawn down from the long pier; was compelled to resort to
these changes of wheels; which she did not do with sufficient
adroitness to save her。 Was it not her own fault that she
entered wrong; so far wrong that she never got right? Is the
defence to blame for that?
〃For several days we were entertained with depositions about
boats 'smelling a bar。' Why did the Afton then; after she had
come up smelling so close to the long pier sheer off so
strangely。 When she got to the centre of the very nose she was
smelling she seemed suddenly to have lost her sense of smell and
to have flanked over to the short pier。〃
Mr。 Lincoln said there was no practicability in the project of
building a tunnel under the river; for there 〃is not a tunnel
that is a successful project in this world。 A suspension bridge
cannot be built so high but that the chimneys of the boats will
grow up till they cannot pass。 The steamboat men will take pains
to make them grow。 The cars of a railroad cannot without immense
expense rise high enough to get even with a suspension bridge or
go low enough to get through a tunnel; such expense is
unreasonable。
〃The plaintiffs have to establish that the bridge is a material
obstruction and that they have managed their boat with reasonable
care and skill。 As to the last point high winds have nothing to
do with it; for it was not a windy day。 They must show due skill
and care。 Difficulties going down stream will not do; for they
were going up stream。 Difficulties with barges in tow have
nothing to do with the accident; for they had no barge。 〃Mr。
Lincoln said he had much more to say; many things he could
suggest to the jury; but he wished to close to save time。
TO JESSE K。 DUBOIS。
DEAR DUBOIS:
BLOOMINGTON; Dec。 19; 1857。
J。 M。 Douglas of the I。 C。 R。 R。 Co。 is here and will carry this
letter。 He says they have a large sum (near 90;000) which they
will pay into the treasury now; if they have an assurance that
they shall not be sued before Jan。; 1859otherwise not。
I really wish you could consent to this。 Douglas says they
cannot pay more; and I believe him。
I do not write this as a lawyer seeking an advantage for a
client; but only as a friend; only urging you to do what I think
I would do if I were in your situation。 I mean this as private
and confidential only; but I feel a good deal of anxiety about
it。
Yours as ever;
A。 LINCOLN。
TO JOSEPH GILLESPIE。
SPRINGFIELD; Jan。 19; 1858。
MY DEAR SIR:
This morning Col。 McClernand showed me a petition for a mandamus
against the Secretary of State to compel him to certify the
apportionment act of last session; and he says it will be
presented to the court to…morrow morning。 We shall be allowed
three or four days to get up a return; and I; for one; want the
benefit of consultation with you。
Please come right up。
Yours as ever;
A。 LINCOLN。
TO J。 GILLESPIE。
SPRINGFIELD; Feb 7; 1858
MY DEAR SIR:
Yesterday morning the court overruled the demurrer to Hatches
return in the mandamus case。 McClernand was present; said nothing
about pleading over; and so I suppose the matter is ended。
The court gave no reason for the decision; but Peck tells me
confidentially that they were unanimous in the opinion that even
if the Gov'r had signed the bill purposely; he had the right to
scratch his name off so long as the bill remained in his custody
and control。
Yours as ever;
A。 LINCOLN。
TO H。 C。 WHITNEY。
SPRINGFIELD; December 18; 1857。
HENRY C。 WHITNEY; ESQ。
MY DEAR SIR:Coming home from Bloomington last night I found
your letter of the 15th。
I know of no express statute or decisions as to what a J。 P。
upon the expiration of his term shall do with his docket books;
papers; unfinished business; etc。; but so far as I know; the
practice has been to hand over to the successor; and to cease to
do anything further whatever; in perfect analogo to Sections 110
and 112; and I have supposed and do suppose this is the law。 I
think the successor may forthwith do whatever the retiring J。 P。
might have done。 As to the proviso to Section 114 I think it was
put in to cover possible cases; by way of caution; and not to
authorize the J。 P。 to go forward and finish up whatever might
have been begun by him。
The view I take; I believe; is the Common law principle; as to
retiring officers and their successors; to which I remember but
one exception; which is the case of Sheriff and ministerial
officers of that class。
I have not had time to examine this subject fully; but I have
great confidence I am right。 You must not think of offering me
pay for this。
Mr。 John O。 Johnson is my friend; I gave your name to him。 He is
doing the work of trying to get up a Republican organization。 I
do not suppose 〃Long John〃 ever saw or heard of him。 Let me say
to you confidentially; that I do not entirely appreciate what the
Republican papers of Chicago are so constantly saying against
〃Long John。〃 I consider those papers truly devoted to the
Republican cause; and not unfriendly to me; but I do think that
more of what they say against 〃Long John〃 is dictated by personal
malice than themselves are conscious of。 We can not afford to
lose the services of 〃Long John〃 and I do believe the unrelenting
warfare made upon him is injuring our cause。 I mean this to be
confidential。
If you quietly co…operate with Mr。 J。 O。 Johnson on getting up
an organization; I think it will be right。
Your friend as ever;
A。 LINCOLN。
1858
ANOTHER POLITICAL PATRONAGE REFERENCE
TO EDWARD G。 MINER。
SPRINGFIELD; Feb。19; 1858。
MY DEAR SIR:
Mr; G。 A。 Sutton is an applicant for superintendent of the
addition of the Insane Asylum; and I understand it partly depends
on you whether he gets it。
Sutton is my fellow…townsman and friend; and I therefore wish to
say for him that he is a man of sterling integrity and as a
master mechanic and builder not surpassed by any in our city; or
any I have known anywhere; as far as I can judge。 I hope you
will consider me as being really interested for Mr。 Sutton and
not as writing merely to relieve myself of importunity