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3. A steamer close to the right bank of a broad river -- one, ex. gr., a half a mile broad -- which means to cross over and land on the left shore, is not bound, in the first instance, to give three or more whistles, which is the signal for landing. It is enough that she give two whistles, which is the signal that she is going to the left. The three or more whistles may be given later.

August, 1869, the Cleona, a small stern-wheel steamer of one hundred and eighteen tons and whose speed was about seven miles an hour, left New Orleans bound up the Mississippi to Donaldsonville (a place seventy-five miles above New Orleans), with an assorted cargo of merchandise for various plantations on the two banks of the river. In a little more than half an hour afterwards, the steamer Great Republic, a heavy side-wheel vessel of two thousand two hundred tons, running at the rate of twelve or fourteen miles an hour and therefore one of the fastest on the Mississippi, set off up the river bound on a voyage to St. Louis. The Cleona, as she went up the river, had been all the time and was now in her full view.

By the rules of navigation on the Mississippi, one whistle from the steam pipe indicates that a steamer wishes to pass on the starboard or right side, two, that she wishes to pass on the larboard or left, and three or more that she is going to cross and land.

"When the Cleona first started out from the shore, she gave no signal to indicate her course, as she ought to have done, and when, in response to the two blows of the Cleona, the Republic pulled to the larboard, prudence should have dictated to the pilot of the Cleona to have stopped his boat at once and to have backed her heavily instead of ringing his bell to crack on all steam and cross at all hazards. The pilot of the Republic was indeed guilty of a deviation from the rules and observances of navigation in not answering the signal of the Cleona, and though he acted promptly in letting his boat fall off to the larboard, he ought, in strict duty, to have answered the signal; but this omission had nothing to do with the collision, for his course was fully observed by apparently all on board the Cleona, and the pilot of the Cleona, if he thought that there was a misconstruction of his signal, should at once have stopped his engines and reversed. If this had been done a collision would not have taken place."

The is no dispute that the Cleona was a small sternwheel boat of the burden of 118 tons, that the steamboat Great Republic was of the burden of 2200 tons -- a large and very fast vessel with side wheels; that both boats crossed the river, from the right to the left bank, just above Nine-mile Point, and straightened up on the left bank and ran parallel with the shore for some time, the Cleona being some distance, ahead and the Republic following almost in her wake; that just previous to reaching Twelve-mile Point, the Cleona started to cross the river in an oblique direction, intending to make a landing at Waggaman's plantation to put out freight; that the Republic kept bearing to the left, following the Cleona instead of keeping her course, and finally overtook her about the middle of the river, and that the collision occurred. There is a great deal of discrepancy in the testimony relative to the distance between the two boats at the time the Cleona started to cross for the Waggaman plantation. Under the most favorable circumstances, it is impossible to measure distances on the water with accuracy, but in times of excitement there is very little reliance to be placed on the opinion of anyone on this subject, and especially is this so when the condemnation of a boat may depend upon it. If the Cleona was only some two or even three hundred yards ahead of the Republic, it was certainly

There is evidence in the record tending to show that the pilot was addicted to drinking when ashore, and he confesses to drinking on that day, but not for six hours before he left port. It may be that he was not under the influence of liquor on this occasion, but if not, his conduct is inexplicable on any other theory than ignorance of the ordinary rules of navigation or reckless inattention to duty. There were ample means and opportunity to avoid this collision, and yet it occurred. In the midst of danger, seconds of time are important, not to speak of minutes, and the clear-headed pilot who recognizes this fact and makes no ventures is not apt to bring his boat into trouble. Practical steamboat men, passengers on board the Republic, understood the movement of the Cleona to be for the purpose of crossing the river, and yet the pilot in charge mistook it for sheering. They could see plainly enough if he kept his course the collision would have been avoided, and there was plenty of room to pass on the starboard, and he took exactly the opposite direction. With ability to stop his boat in seventy-five

As we have seen, she could have avoided this collision even after danger was imminent. If she had stopped or ported her wheel a second or two before the collision occurred, she would have gone clear of the Cleona. On the contrary, the Cleona's course after she saw the Republic following her was to try and get out of her way. This course she pursued diligently, for she packed on all the steam possible, and succeeded so far as to save her hull, and came near escaping altogether. On a full and fair consideration of the whole evidence, we are satisfied the officers of the Cleona, when the boat was turned to the right shore, had no ground to fear a collision, and that the boat itself was far enough ahead to cross with safety if the Republic, instead of following after her, had pursued her course on the left side of the river. It is pretty clear that the Cleona did not blow her whistle for each boat to keep to the right as soon as she started for the opposite shore. This omission was a fault, but this fault bears so little proportion to the many faults of the Republic that we do not think, under the circumstances, the Cleona should share the consequences of this collision with the Republic.

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