"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, ****** a fourteenth of the sum. Now, one-fourteenth of five miles is five-fourteenths of one mile--about ,one third of a mile--the 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 average--about 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 currents--that, 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 Parker--that 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.
