David Davis

“ Dusk was supervening, but it was not dark; objects being visible to both vessels, alike on the shores and on each other.
When the Cleona turned to cross from the eastern bank to Waggaman's Landing, the captain of the Republic, whose watch it was, was on the lower deck of the steamer conversing with a passenger. ”

“ No prudent pilot will attempt it. In the case of the Cleona, it was doubly dangerous, as the Republic was gaining on her so rapidly that a collision was probable, especially as the weight of proof seems to show that the signal of the Cleona was two blows of her whistle, which signal the pilot of the Republic was bound to interpret as an order to pass to the laborard, which he did. ”

“ With ability to stop his boat in seventy-five yards, he does not do it in two hundred and fifty yards. In charge of the wheel of one of the fastest and largest steamers on the river, and in plain sight, all the way from New Orleans, of a small coasting vessel engaged in landing freight and passengers at the plantations on both sides of the river, he runs her down with such violence as to cause her to careen over, without using any signals at all, or answering those she gave, or taking any precaution until too late to escape danger. ”

“ Sailing up the stream the Cleona had now twice made landings; first at what is known as the Stock-wharf, in the upper part of New Orleans, and afterwards at a point known as the Nine-mile Point, a point above the city on the opposite or western bank of the river. ”

“ Of course the Republic was rapidly gaining on the Cleona, and if no catastrophe had occurred, would have passed her.
By the rules of navigation on the Mississippi one whistle from the steam pipe indicates that a steamer wishes to pass on the starboard or right side; two, that she wishes to pass on the larboard or left, and three or more, that she is going to cross and land. ”

“ If the Cleona was only some two or even three hundred yards ahead of the Republic, it was certainly imprudent in her officers to undertake to cross the river, but if she was more than double this distance in advance there is no reason why she should not have attempted to cross if she had business on the opposite side. ”

“ We have already said that the testimony was discrepant.
'When I arrived below the Twelve-mile Point I saw the Cleona sheer to the larboard. She gave no signal when she thus started. After she had been running out about half a minute she gave the signal-two blasts of her steam whistle, which were given just as fast as a man can blow them on a steamboat-and continued her course out. As soon as I saw her sheer to the larboard, I, too, pulled to the larboard and was so swung-all helm-thinking that she was running off from the shore. ”

“ There is a great deal of discrepancy in the testimony relative to the distance between the two boats at the time the Cleona started to cross for the Waggaman plantation. Under the most favorable circumstances it is impossible to measure distances on the water with accuracy, but in times of excitement there is very little reliance to be placed on the opinion of any one on this subject, and especially is this so when the condemnation of a boat may depend upon it. ”

“ Every vessel overtaking any other vessel, shall keep out of the way of the said last-mentioned vessel.'
Messrs. William Tod Otto and J. A. Grow, for the appellants:
The Republic was in fault in five particulars:
1st. ”