The pilot says he ordered the engineers to back her up. The engineers differ from him and said they kept on going ahead. The bow was so swung that the current pressed it over; the pilot pressed the stern over with the rudder, though not so fast but that the bow gained on it, and only one wheel being in motion the boat nearly stood still so far as motion up and down is concerned, and thus she was thrown upon this pier. The Afton came into the draw after she had just passed the Carson, and as the Carson no doubt kept the true course the Afton going around her got out of the proper way, got across the current into the eddy which is west of a straight line drawn down from the long pier, was compelled to resort to these changes of wheels, which she did not do with sufficient adroitness to save her. Was it not her own fault that she entered wrong, so far wrong that she never got right? Is the defence to blame for that?
"For several days we were entertained with depositions about boats 'smelling a bar.' Why did the Afton then, after she had come up smelling so close to the long pier sheer off so strangely. When she got to the centre of the very nose she was smelling she seemed suddenly to have lost her sense of smell and to have flanked over to the short pier."
Mr. Lincoln said there was no practicability in the project of building a tunnel under the river, for there "is not a tunnel that is a successful project in this world. A suspension bridge cannot be built so high but that the chimneys of the boats will grow up till they cannot pass. The steamboat men will take pains to make them grow. The cars of a railroad cannot without immense expense rise high enough to get even with a suspension bridge or go low enough to get through a tunnel; such expense is unreasonable.
"The plaintiffs have to establish that the bridge is a material obstruction and that they have managed their boat with reasonable care and skill. As to the last point high winds have nothing to do with it, for it was not a windy day. They must show due skill and care. Difficulties going down stream will not do, for they were going up stream. Difficulties with barges in tow have nothing to do with the accident, for they had no barge. "Mr. Lincoln said he had much more to say, many things he could suggest to the jury, but he wished to close to save time.
TO JESSE K. DUBOIS.
DEAR DUBOIS:
BLOOMINGTON, Dec. 19, 1857.
J. M. Douglas of the I. C. R. R. Co. is here and will carry this letter. He says they have a large sum (near $90,000) which they will pay into the treasury now, if they have an assurance that they shall not be sued before Jan., 1859--otherwise not. I really wish you could consent to this. Douglas says they cannot pay more, and I believe him.
I do not write this as a lawyer seeking an advantage for a client; but only as a friend, only urging you to do what I think I would do if I were in your situation. I mean this as private and confidential only, but I feel a good deal of anxiety about it.
Yours as ever,
A. LINCOLN.
TO JOSEPH GILLESPIE.
SPRINGFIELD, Jan. 19, 1858.
MY DEAR SIR: This morning Col. McClernand showed me a petition for a mandamus against the Secretary of State to compel him to certify the apportionment act of last session; and he says it will be presented to the court to-morrow morning. We shall be allowed three or four days to get up a return, and I, for one, want the benefit of consultation with you.
Please come right up.
Yours as ever,
A. LINCOLN.
TO J. GILLESPIE.
SPRINGFIELD, Feb 7, 1858
MY DEAR SIR: Yesterday morning the court overruled the demurrer to Hatches return in the mandamus case. McClernand was present; said nothing about pleading over; and so I suppose the matter is ended.
The court gave no reason for the decision; but Peck tells me confidentially that they were unanimous in the opinion that even if the Gov'r had signed the bill purposely, he had the right to scratch his name off so long as the bill remained in his custody and control.