Page:Federal Reporter, 1st Series, Volume 10.djvu/165

 THE BLUE BONNET. 153 �collision between the Blue Bonnet and the Annie would have been in the highest degree improbable. Even making allowance for the set of the tide, it is almost incredible that the Annie, with the tug in full view and the stream at that point about 400 feet wide, conld have got within 50 feet of the southerly shore. It is also very difficult to per- ceive how the Annie could, so near the southerly shore, have got into the position assigned her by all the witnesses, — that is, with her stern somewhat pointed toward that shore, — so as to be struck by the Blue Bonnet on her port quarter ; further towards the middle of the stream that position would be easily taken upon porting. There was no pos- sible reason for the Annie being so far on the southerly side of the river. Apparent distances upon the water in the night-time are specially deceptive. The Blue Bonnet, very shortly after the collision, did corne near to the docks ; and as there is other testimony which is more accordant with the probabilities, I might say with the necessary facts, of the case, I conclude that the witnesses who place the Blue Bonnet so near to the southerly shore at the time of the collision have not distinguished her position just after the collision from that at the time of and prior to the collision. �The captain of the Blue Bonnet came on deek just before the first collision, saw they would hit, and went aft, where he stood and watched what took place. He testifies that the tug and tow covered about 150 feet of the channel. The captain of the Annie, who was in the pilot-house, and in a situation to observe both the canal and the shore, testifies that as the Annie lay in front of the hawser tier of beats, after she had struck the Cato, her stern was 30 feet from the shore and at least 200 feet below the canal. As the Annie was 149 feet long, and her bows only extended as far as the Cato, and as there was another boat outside of the latter, this evidence would carry the port side of the tow very nearly 300 feet from the southerly shore ; that is, rather more than half way across the river, which was not over 350 feet at that point. The width of the tow itself, which con- sisted of 5 canal-boats, was about 95 feet. �On the part of the Blue Bonnet it is urged, in answer to this mode of flxing the place of the tow in the river, that the stern of the Annie as she lay across the hawser pier ran up into the canal, and in sup- port of that view the testimony of her witnesses is appealedto, show- ing that the head of the tow was not at that time below the canal. But I do not find that any of these witnesses were in a situation to observe with any degree of accuracy on this point. Capt. Hoagland, ��� �