Page:Federal Reporter, 1st Series, Volume 6.djvu/929

 THE CHABIiES MOBGaN. 917 �It is most probable that the Morgan did not strike the Can- non at the angle which most of the libellant's witnesBes say she did. It is probable that the Morgan sheered towards the Cannon at a sharper angle than that at which she straok her. The testimony shows that the Morgan's guards were three feet higher than the Cannon's. It is probable that the Mor- gan's pilots, both of whom were then at the wheel and using ail of their strength, had succeeded in changing her course somewhat, though the change was not sufficient to prevent the higher guards of the Morgan going in and giving tho Can* non a sideling blow. ... • �The learned counsel for the claimant, however, insists that even if it be true the Morgan sheered and ran into the Can- non, it was caused by the current or suotion produced by the running of the boats in such proximity, and thali the Gannon took the risk of this when she selected her distance to pa88,■ and for that reason eannot complain. ' >, >' �There is some evidence tending to sustain this theofyj atta' it has been presented with much ability and ingenuity by the counsel, but my mind does not assent to it. �There is much contrariety of testimony as to how far the Cannon was outside of the Morgan as she came up to pass her. The libellant has taken the testimony of some 17 wit- nesses upon this point, and the average of these witnesses is 164 feet. The claimant's witnesses put the distance from 25 ieet to 200 feet. The average of ail the 'witnesses in the case is about 128 feet. �It is probable that the Cannon was running from 300 to 350 feet from the shipping along the shore, and about 150 feet outside of the course of the Morgan. It is quite clearly proven by many other pilots, whose depositions are taken as experts, ihat large steamers can and do safely pass within, say from 15 to 100 feet. There is evidence that boats run- ning very close sometimes become locked, but this would indicate that the tendency was to go together broadside, and not across or into each other. �These boats were, say, 150 feet apart. The Morgan is the larger boat, though the Cannon is the faster and tho more ��� �