or even of 20 deg., with the Aurania's course, and heading to the northward and eastward of the buoy, as they all say she was, she offers no explanation how she could have got to a point 550 feet west of the buoy when the tide and wind were all the time setting her to the northward of the buoy. From her assumed heading north of the buoy one minute before collision, and at an angle of 25 deg. or 20 deg. with the Aurania's course, she could not have reached the point of collision, west of the buoy, and so much to the southward of her former path, unless she went there under a port helm. The testimony of by far the greater number of witnesses to more nearly parallel courses, i. e., to a divergence of from one to one and a half points only, must therefore be adopted.

I do not find anything inconsistent with this view in the testimony of Stephens, the first officer of the Aurania, or in the diagram illustrating it. A difference of a few feet only in his position at the moment when he noticed the four masts range all in one past the lighthouse would reduce the angle to one and one-half points, and that would agree well with his estimate of the distance and the time, viz., about a half minute before collision. But, besides this, the Republic, he says, was already swinging when he saw her, and this swinging must have increased her previous angle. The fourth officer of the Republic says they "got the course E. by S. southerly about the time. [3:17 P. M.] when Sandy Hook light bore abeam S. by W. W. true." This, as I have already said, is an erroneous entry, and I cannot attach any weight to it. He does not even say that he observed her compass heading at that time; and there is no reason to suppose that his idea of the ship's heading, which he was not called on to observe, and did not enter, is any more accurate than the entry which it was his business to make, and which is certainly incorrect. The great distance of the light (some two miles) doubtless made exact observation more difficult, and there was not then apparently any occasion for accuracy.

The shadow of the projecting grating against the ship's side, shown by the photograph, affords some confirmation of the Aurania's contention. If the computations could be strictly relied on, they would be conclusive. The length of the shadow is apparently about seventytwo one-hundredths only of the length of the grating; and that indicates an angle of 54 deg. 28 min. with the sun's position, or E. 35 deg. 48 min. S. as the course of the Republic at that time. If an error of one-third were allowed, and the shadow increased to equal the length of the grating, the angle of the ship's side with the sun's position would be 45 deg., and the Republic's heading would then be E. 26 deg. 20 min. S., a heading that could only be found while she was on the swing out of the Swash channel, or else within a few seconds of the collision; and of those two, evidently the former must beadopted. At what precise point the photograph was taken I do not find it necessary to decide. There is an indefinite number of places,.

as I have already said, during the interval of four minutes before the collision, and within the limits of the dotted lines, where nearly all the conditions of the photograph, except as regards the shadow, can be fulfilled; and there seem, upon the testimony, to be such possibilities of error in the micrometric measurements of the shadow, or in variation in the position of the vessel that would affect the length of the shadow, that I prefer not to lay any stress on those computations.

Immediate Causes of Collision. The contentions of the parties are in direct contradiction as to the immediate causes of the collision. Most of the witnesses on both sides seem to agree that, shortly before the collision, apparently about one minute before, the stem of the Republic seemed to be approaching the Aurania's quarter more suddenly and more rapidly than their previous angle of convergence would account for. Accordingly, each charges the other with a change of helm; the Aurania alleging that the Republic ported, and thereby swung her stem against the Aurania; the Republic, that the Aurania ported, and thereby swung her quarter towards the Republic; and the Republic also charges that suction from the Aurania's propeller, and from the great displacement of the Aurania, also contributed to the result. The officers of each deny positively any such porting shortly. before the collision.

The evidence leaves no doubt that the Republic's engines were stopped and reversed just prior to the collision. This order was prob ably given not more than half or three-quarters of a minute before they collided, because there was time only to get a few turns backward. A short time only before the order to stop and reverse, as the master and pilot testify, an order was given to put the helm hard a-starboard. The wheelsman testifies that he did starboard. The pilot says that under this order she canted about a point to the northward. But this is not compatible with the rapid approach of the vessels, or with the place of collision. It is contrary, also, to the testimony of the master of the Republic; and the latter is more likely correct, for he says that, though the Republic usually obeys her helm readily, "the starboard helm [at that time] did not seem to have hardly any effect. That is why I reversed the engines principally." From what he did between the two orders, the interval must have been certainly a third of a minute, and probably more; so that the interval from the order to starboard to the collision must have been one minute, and probably a little longer. He says that, when he gave the order to starboard, the Aurania's mizzen-mast was "about abreast of our bridge, perhaps a little further ahead; I would not be sure," i. e., from 180 to 200 feet ahead of its relative place at the collision; and that the vessels were then "perhaps half to three-quarters of a ship's length apart,"-i. e., 200 to 300 feet; and that "their courses were not then altered." This confirms the view as to the courses of the two vessels above adopted. When the master of the Aurania

shouted to the Republic to starboard, he says that the latter's stem was aft of him, and "perhaps between the two funnels," or from 170 to 200 feet ahead of its place at the collision; and that the vessels were then about 250 feet apart. While these distances or positions are not assumed to be exact, they pretty well agree in indicating that, at a time from a minute to a minute and a half before collision, the vessels were only from 250 to 300 feet apart, and the Republic's stem relatively to the Aurania only 200 feet in advance of its place at the collision, and that, at that time, her approach sideways was more rapid than was expected from the previous angle of approach, and was such as to threaten speedy collision. In such a situation it is evident from the testimony that no influence of suction from the Aurania could have been felt at that distance apart. With vessels of fine lines, going at less than the rate designed for them, the evidence of Capt. Watson, a most competent expert, is that there is no lateral suction at all. Whether there might not be some effect of this kind exerted upon a vessel only a few feet distant by another very large vessel, moving rapidly in water of a depth little exceeding her draught, I am not clear. But I do not credit the suggestion that it could have had the effect of deflecting the Republic's stem at a distance of 250 feet.

It is clear, also, that the Aurania could not have ported, and have thereby caused an apparent rapid approach, merely through the swinging of her stern towards the Republic. The proof shows that this effect would swing her to the northward only 25 feet in all; and would continue only during 24 seconds from the time the order was given. After that the stern would move away on the line of the curve. Considering that the Aurania, after 14 seconds, begins to cant at the rate of 5 deg. in 9 seconds, it is plain that had any such order to port been given, even a minute only before the collision, the Aurania, instead of swinging up to the Republic, would have canted two and onefourth points to the southward before the collision. The narrowness of the channel, however, did not permit so much change as that to the southward; but one-half of that change would necessarily have carried her south of the buoy, instead of north of it; and by that deflection to the south, moreover, she would have headed, at the time of collision, very nearly in line with the Republic, instead of being at an angle at the moment of collision, as the proof indicates, of about two or two and one-half points. Her testimony, that she did not port, is therefore confirmed, and must be received as correct.

The evidence of a great number of witnesses must be held to show that there was at least some deflection to the southward in the course of the Republic, just before the collision; for the great weight of proof is that the point of collision was nearly directly west of the buoy, and at least 550 feet distant from it, and not materially to the north of it. This, as above observed, was considerably to the southward and westward of the line of the Republic's course that she had been previously

following, which was to the northward and eastward of the buoy. Upon that course she had all along been headed until in some way deflected from it, shortly before the collision, enough to bring her 550 feet to the westward of the point she was aiming at.

So far as I can perceive, there are but two remaining causes which could have produced this deflection, viz., either her own porting, or the unavoidable swinging of her stern to the northward through the effect of the southerly wind.

As respects porting there are but two alternatives: either that this was done deliberately, by the order of the officers, in order to go astern of the Aurania, as was their duty to do if there was not room to go to the northward, which order was too late, and failed through some miscalculation of the distance, or of the speed at which the Aurania was gaining on the Republic; or else that the wheelsman, though ordered to starboard, in fact ported by mistake, possibly from having been anticipating an order to port, and so misinterpreting the order actually given. The first of these alternatives involves direct perjury in the testimony of all the officers concerned in the navigation of the Republic. The second involves two separate concurrent mistakes on the part of the wheelsman and of the master; for, not only does the wheelsman say he did starboard, but the master says that, before ordering to stop and reverse, he went to the "tell-tale" in order to see, and did see that the helm was hard a-starboard, and that it did not seem to have much effect, and that "after watching a few seconds. longer, when it didn't seem to draw clear, the pilot called out, Stop!' and he ran to the telegraph, and rung 'full speed astern.'" Of course, it is possible that much of this might have occurred in reference to an order to port, instead of to starboard. That the Republic, however, did cant somewhat to starboard, as if under a port helm, when some 250 feet distant from the Aurania, seems to me beyond doubt, from the fact that the place of collision was clearly to the southward (notwithstanding the flood tide) of the course towards the northward of the buoy that she had all the time previously been keeping. Had her helm, moreover, been put hard a-port a minute before the collision, as it would have been had it been ordered to be ported at all for the purpose of going astern of the Aurania, considering that such steamers cant a point in going a length, or a little less, she would have turned, up to the time of collision, at least three points, making the angle of collision fully four points,- considerably more than is at all probable upon the evidence. The porting of the wheel, and the curve in the Republic's wake, that several of the Aurania's witnesses testify to ob

In collision cases a knowledge of the rate at which steamers turn under a hard a-port or hard a-starboard helm, and the effect of a reversal of the engines on steering, is so useful that the following facts, derived from experiments with the Aurania, made by Capt. Watson, are here abstracted from the record.

In a calm sea and no wind, the Aurania, 480 feet long by 56 feet beam, going at 14 knots, her helm was ordered hard a-port. The helm is moved by steam, and goes hard over in about 12 seconds, and reduces the speed from one-half to three-fourths of a

may have been merely the slight porting, which, as I have Sad,nte, 115,) must have taken place in order to enable the te to keep the buoy from broadening off widely through the efc. of the tide. This was an immaterial porting, in order to preserve c course; not the material porting here considered, which would carry the Republic south of the buoy.

The position of the Republic in reference to the Aurania was, however, such that it was quite possible that the wind may have canted the Republic's stern to the northward, and have thereby produced all the deflection from her course that is necessary to explain the results witnessed. Reardon, a pilot called by the Republic, says that he was, at the time, beating down the lower bay, and that the wind was a "four-knot breeze" from the south. This wind, though moderate, could not but affect the Republic unequally, and operate with considerable force, when the whole after half of the Republic's hull was presented to it, while the forepart was in the lee of the Aurania, which had a freeboard 24 feet out of the water, and was higher than the Republic. This unequal influence of the wind was operative for over two minutes; but the full effect of it would not be felt until the whole after half of the Republic's hull had got astern of the Aurania, which was about one and one-half minutes, or a little over, before the collision, i. e., very near the time when, according to the Republic's testimony, she was seen unexpectedly drawing towards the Aurania. That this cause would deflect the Republic's course to some extent there can be no doubt. A slight change of less than half a point in the Republic's heading to the southward during the two minutes preceding would have been sufficient to bring the Republic to her place

knot. A change of heading was first observable in 14 seconds after the order was given. From that time her bows canted to starboard very regularly at the rate of 5 deg. in every 9 or 10 seconds, making a change of 102 deg. in 3 minutes and 9 seconds, or 1 point in going about 490 feet, i. e., about a length, and turning upon a radius of about 2,500 feet, or a little over five lengths. The rate of change, compared with the length of the vessel, is a little less than appeared in the case of The Lepanto, 21 Fed. Rep. 651. See White's Naval Architecture, 630-637. Her center of rotation is 114 feet aft of her stem; her center of gravity 120 feet further aft. Her engines being reversed at the same speed, the action of her helm during the first minute after reversal is normal to a much reduced extent, canting her only from 5 deg. to 10 deg. at most. After that, her headway diminishing, and her propeller being right handed, her bows fall rapidly to starboard, through the action of the propeller alone, and the helm has little or no effect until her headway is fully stopped; and this continues the same when she acquires stern-way. Reversing full speed, at 13 to 14 knots speed, she is stopped dead in the water in 3 minutes 59 seconds after the engines are put full speed astern, and in a distance of 1,740 feet. The Oregon, the same, or nearly the same. And, in general, whatever be the rate at which she is working ahead, if the engines are reversed at the same speed, she stops in the same time.

In some experiments with the Frisia, (24 Fed. Rep. 495,) 350 feet long, 40 feet beam, and 2,313 tons net, and full speed 12 knots, it was stated that, going full speed ahead, if the engines were reversed full speed, the bows canted one and one-half points to starboard, the propeller being right handed, whether the helm was put to port or to starboard (?) in the interval of two minutes until her headway was stopped; but with the rudder amid-ships, she fell off two points to starboard in the same interval. (The details of the experiment were not given in the testimony.) Under orders to stop and reverse, the engines were stopped in seven to eight seconds after the telegraphic order was given, and reversed six seconds afterwards. It took 23 seconds to turn the rudder from amid-ships to hard a-port.