第 56 节
作者:翱翔1981      更新:2021-02-19 00:45      字数:9321
  egg shell and the egg shell might be blown away by the wind; but
  if under the same influence they would go the same way。  Logs;
  floats; boards; various things the witnesses say all show the
  same current。  Then is not this test reliable?  At all depths too
  the direction of the current is the same。  A series of these
  floats would make a line as long as a boat and would show any
  influence upon any part and all parts of the boat。
  〃I will now speak of the angular position of the piers。  What is
  the amount of the angle?  The course of the river is a curve and
  the pier is straight。  If a line is produced from the upper end
  of the long pier straight with the pier to a distance of 350
  feet; and a line is drawn from a point in the channel opposite
  this point to the head of the pier; Colonel Nason says they will
  form an angle of twenty degrees。  But the angle if measured at
  the pier is seven degrees; that is; we would have to move the
  pier seven degrees to make it exactly straight with the current。
  Would that make the navigation better or worse?  The witnesses of
  the plaintiff seem to think it was only necessary to say that the
  pier formed an angle with the current and that settled the
  matter。  Our more careful and accurate witnesses say that; though
  they had been accustomed to seeing the piers placed straight with
  the current; yet they could see that here the current had been
  made straight by us in having made this slight angle; that the
  water now runs just right; that it is straight and cannot be
  improved。  They think that if the pier was changed the eddy would
  be divided and the navigation improved。
  〃I am not now going to discuss the question what is a material
  obstruction。  We do not greatly differ about the law。  The cases
  produced here are; I suppose; proper to be taken into
  consideration by the court in instructing a jury。  Some of them I
  think are not exactly in point; but I am still willing to trust
  his honor; Judge McLean; and take his instructions as law。  What
  is reasonable skill and care?  This is a thing of which the jury
  are to judge。  I differ from the other side when it says that
  they are bound to exercise no more care than was taken before the
  building of the bridge。  If we are allowed by the Legislature to
  build the bridge which will require them to do more than before;
  when a pilot comes along; it is unreasonable for him to dash on
  heedless of this structure which has been legally put there。  The
  Afton came there on the 5th and lay at Rock Island until next
  morning。  When a boat lies up the 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。  Several men have given their opinion as to the distance
  of the steamboat Carson; and I suppose if one should go and
  measure that distance you would believe him in preference to all
  of them。
  〃These measurements were made when the boat was not in the draw。
  It has been ascertained what is the area of the cross section of
  this stream and the area of the face of the piers; and the
  engineers say that the piers being put there will increase the
  current proportionally as the space is decreased。  So with the
  boat in the draw。  The depth of the channel was twenty…two feet;
  the width one hundred and sixteen feet; multiply these and you
  have the square…feet across the water of the draw; viz。: 2552
  feet。  The Afton was 35 feet wide and drew 5 feet; making a
  fourteenth of the sum。  Now; one…fourteenth of five miles is
  five…fourteenths of one mileabout ;one third of a milethe
  increase of the current。  We will call the current five and a
  half miles per hour。  The next thing I will try to prove is that
  the plaintiff's (?) boat had power to run six miles an hour in
  that current。  It had been testified that she was a strong; swift
  boat; able to run eight miles an hour up stream in a current of
  four miles an hour; and fifteen miles down stream。  Strike the
  average and you will find what is her averageabout eleven and a
  half miles。  Take the five and a half miles which is the speed of
  the current in the draw and it leaves the power of that boat in
  that draw at six miles an hour; 528 feet per minute and 8 4/5
  feet to the second。
  〃 Next I propose to show that there are no cross currents。  I
  know their witnesses say that there are cross currentsthat; as
  one witness says; there were three cross currents and two eddies;
  so far as mere statement; without experiment; and mingled with
  mistakes; can go; they have proved。  But can these men's
  testimony be compared with the nice; exact; thorough experiments
  of our witnesses?  Can you believe that these floats go across
  the currents?  It is inconceivable that they could not have
  discovered every possible current。  How do boats find currents
  that floats cannot discover?  We assume the position then that
  those cross currents are not there。  My next proposition is that
  the Afton passed between the S。 B。 Carson and the Iowa shore。
  That is undisputed。
  〃Next I shall show that she struck first the short pier; then the
  long pier; then the short one again and there she stopped。〃
  Mr。 Lincoln then cited the testimony of eighteen witnesses on
  this point。
  〃How did the boat strike when she went in?  Here is an endless
  variety of opinion。  But ten of them say what pier she struck;
  three of them testify that she struck first the short; then the
  long and then the short for the last time。  None of the rest
  substantially contradict this。  I assume that these men have got
  the truth because I believe it an established fact。  My next
  proposition is that after she struck the short and long pier and
  before she got back to the short pier the boat got right with her
  bow up。  So says the pilot Parkerthat he got her through until
  her starboard wheel passed the short pier。  This would make her
  head about even with the head of the long pier。  He says her head
  was as high or higher than the head of the long pier。  Other
  witnesses confirmed this one。  The final stroke was in the splash
  door aft the wheel。  Witnesses differ; but the majority say that
  she struck thus。〃
  Court adjourned。
  14th day; Wednesday; Sept。  23; 1857。
  Mr。 A。 LINCOLN resumed。  He said he should conclude as soon as
  possible。  He said the colored map of the plaintiff which was
  brought in during one stage of the trial showed itself that the
  cross currents alleged did not exist。  That the current as
  represented would drive an ascending boat to the long pier but
  not to the short pier; as they