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