Page:Federal Reporter, 1st Series, Volume 5.djvu/383

TEë SCOTS GBISYS V. THE! BilNIIa.aO DB CUBA.. 371 �that the ordinary rôles of navigation, applicable to placea affording ample sea-room, were not applicable here. What •were the duties of the respective vessels, under these, unusual, circumstances, is a question which nautical experience alone can safely anawer. Its importance seems not to have been fully appreciated when the testimony was being tàken, and the attention of the experts examined, was not particularly invited to it. I bave found it necessary to avail myself of the.aid of assessors, therefore, — whose answers to interroga- tories submitted, will be filed herewitb. �In the light of these answers the foUowing conclusions seem inevitable : The veôsels could not pass at, or near, the buoy, without incjirring serious risk. The Scots Greys, in conse- quence of her depth in the water, and the direction of the tide, tended constantly and strongly, to the eastem side of the channel; and her rudder, with the current astern, afforded only an imperiect means of counteracting this tendenoy, and controiling the vessel's course. She could not stop without encountering serious danger. It was necessary, therefore, to proceed, and by starbparding the wheel, keep as near the ^»eBtem side as practicable, until the buoy was passed. After this the wheel should haye been changed, and the vessel straightened up on her course. The sheer required to round the curv€f would, however, carry her at least 100 yards — probably further — ^before it could be broken. She would thus be taken beyond the point where the collision oecurred. As this is substantially, if not precisely, what she did, it foUows that no fault can be.imputed to her. If it be true, as charged» that she continued to starboard after passing the buoy, when she should have reversed— of which there is reason for doubt, — ^it did no mischief. In running the 50 to 100 yards, after passing the buoy, to the point of collision, the sheer with which she came around, was not, and could not be, materially changed. She had not yet, time to straighten and settle on her course up the river. �This view derives support from the Santiago's witness, Captain Catharine, whq, in answer to the question, "Do you know what the usual course is in coming down the river, and ����