e 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. Seve
|