Samuel Nelson

“ Besides, she was in fault in attempting to pass the Iole to the windward. Even admitting that she was not mistaken in the position of this vessel, and that she was dead ahead, it was the duty of the Neptune to bear away; and to pass on the larboard side. As we have seen, the observance of no one of the rules of navigation is more strongly recommended, or more steadily enforced, in the admiralty, than this one, where two vessels are approaching in opposite directions, and there is danger of a collision. ”

“ The schooner Iole was sailing towards New York, in Long Island Sound, steering her course west; but her actual course, by reason of lee-way, &c., west by south. The wind fresh from the north. Sailing at rate of seven miles an hour.
Under these circumstances, the wind was fair for the schooner, that is, she had what is technically called 'a free wind,' or 'had the wind free.'
The steamboat Neptune, with from 200 to 300 passengers, was going 'down Sound' from New York, on her proper course, east or east by north. Her speed about ten miles an hour. ”

“ Their obligation extends still further, because they possess a power to avoid the collision not belonging to sailing vessels even with a free wind, the master having the steamer under his command, both by altering the helm and by stopping the engines. They are also of vast power and speed compared with craft on our rivers and internal seas propelled by sails, exposing the latter to inevitable destruction in case of collision, and rendering it at all times difficult, and not unfrequently impossible, to get out of their way. ”

“ On the contrary, the strong probability is, according to the testimony, that the hands on board the Neptune at the time they first descried the schooner mistook her position, and, instead of being on a line with her, that the Neptune was to the leeward, and that, in changing her course and coming up to pass to the windward, they naturally supposed the schooner had changed her course also. ”

“ Weight of steamboat, not going very fast, would break in an old vessel, without steamer feeling the blow much.
'It is usual for sailing vessels to set lights in passing steamboats, or coming up to them; commonly set in shrouds or rigging. Considers it duty of vessels to show lights, according to practice in Sound.
'If he had known the course of schooner, should have thrown his wheel as he did, because schooner might have hauled off on wind. Stern of steamboat injured very little; put on a small piece to repair her.
'Vessels on wind can keep away quicker than luff. ”

“ Came back without finding any person. She was then hoisted up, and Neptune started, first northward, and directly across the Sound; from collision three quarters to one hour Neptune lay by before going on; found Neptune leaking some; and, after consultation, it was thought more prudent to return to New York. Got back to New York at half-past three to four, A. M.
'Schooner ought to have set a light or altered her course. Pretty much all vessels set a light, in dark nights, when steamboats are near. It is impossible to see sail-vessels any distance such nights without. ”

“ It will be seen from these allegations of the respective parties, that the issue between them, and upon which the case must turn in favor of the one or the other, is a very simple one, whether we have regard to the law or to the facts. ”

“ It has been insisted, that the schooner was in fault in not carrying a light, so as to enable the vessels approaching to see her at a greater distance. But all agree that it was a clear, starlight night, and hence there could be no difficulty, with a proper look-out, in seeing to a sufficient distance to enable the steamer to make the proper movement to avoid her. It is not usual for sailing vessels to carry lights on such a night. ”

“ Knew by motion of boat that engine had stopped. Can always tell in wheel-house whether engine is in motion. Had not left wheel-house, except to take supper; had not laid down, or sat down.
'It is usual for sailing vessels to alter their course, or set a light, when they see a steamer coming.
'Was not requested by passengers to go into Stratford Point after accident. Did not tell any of them that he knew little of the coast. Did not tell any one that he was not a regular pilot. Had nothing to say to passengers. ”

“ Left New York about five, P. M. Captain Henry Harris was also pilot on board. Thomas Davis was Captain of the boat, and she had her full complement of men, as he believes; was not on board the trip before. Witness had watch fore part of the night. Weather was clear, except black cloud at east. Between nine and ten the cloud was about two hours high, or at height of sun at two hours above horizon, and closed down to horizon, and spread northeast and southeast. Neptune was running east by north. Witness stood in front part of wheel-house, midships, on the look-out. Driver had the wheel. ”

“ That the wind was blowing fresh, and the luffing up of the schooner so as to cross the bows of the steamboat, when the position and course of the latter were so evidence to those on board the schooner, could not have been expected by any person on board the steamboat, and was contrary to all proper and lawful rules of navigation.
'9th. That the said captain, pilot, wheelsman, and crew of the said steamboat Neptune used the greatest skill and care in the management of the same on the night aforesaid, and took every possible precaution to prevent the occurrence of any accident ”

“ The Iole did not change her course or luff before the collision, but her sails were full when it took place.
5. The steamboat changed her course to the windward by putting her wheel hard a-starboard when within a quarter to three eighths of a mile from the schooner.
6. The steamer would have cleared the schooner, if the former had not changed her course.
7. There is no custom requiring a schooner in the Sound to carry lights when sailing. ”

“ Could then see ahead from one fourth to three eighths of a mile, so as to discern an object; should not think could see any thing, except a light, farther off. Neptune was going at about ten miles the hour. About twenty-five minutes before ten, first saw schooner (Iole) , north; was then about one mile and a half from light-boat, Stratford shore light bearing east by north one half north. Schooner was then directly ahead; could just discern her by side of flagpole. Wind was about north; quite a strong breeze. Could not tell what course of schooner was ”