Page:Federal Reporter, 1st Series, Volume 1.djvu/934

926 FEDERAL REPORTER. �east. The schooner was standing north north-west, on her port taok, bound for Boston, at a speed of nine knots. The steamer was steaming in a south-easterly direction, at a speed of eight knots, on a conrse substantially parallel with the course of the schooner. The steamer struck the schooner on her starboard side, near the fore-rigging, causing her to sink immediately. �The answer sets up three grounds of defence — First, that no proper lookout was kept on board the schooner; second, that the schooner did not keep her course ; and, third, that the schooner did not show a torch. Upon the first point, I think it was satisfactorily proved that the mate of the schooner ,was on the lookout from 2 o'clock until the time of the col- lision. This is sworn to by the mate himself, and by the man at the wheel, the only persons who were on deck at the time, and I see no reason to doubt the correctness of their testi- mony. �Upon the second point I am of the opinion, the prepon- derance of the evidence is in iavor of the position of the libellants, that the schooner kept her course, and the acci- dent resulted from the negligence of those in charge of the steamer. The mate testifies that he first saw the ^teamer'8 mast head-light when about three miles distant, ont point on his starboard bow, and when the steamer had approached to within one mUe he then first saw her green light ; that the green light continued in sight up to the very moment of the collision, and at no time did he see her red light. Both the mate and the man at the wheel swear that the schooner kept her course until she was struck by the steamer. If this ia correct, then the course of the steamer was east of that f f the schooner. �The evidence on the part of the steamer is that the schooner was fijst seen at a distance of one mile ; that the color of her light was red, and bore one and a half points on the steamer' s port bow; that the steamer ut once ported her helm, and flhanged her course to due south, and as she approached the schooner nearer her helm was put hard to port, and the sig- nal given to stop the engiue; that the Bchooner's green light ��� �