THE UAKY SHAW. 925 �whistle, and that they answered it with one blast. The ves- sels were then nearly a mile apart, and it is quite possible that, without neglect, they did so understand it, more eape- cially as one blast was the signal they naturally expected to get. That their reply was not heard on board the tug may have been because the steamer's whistle appears not to have been a loud one. Supposing.the tug was going to pass them on the port side, they immediately put their helm a little to port. They declare that they saw nothing to undeceive them, as to the tug's intention, untU they heard her second signal and saw her green light, and then they were so close that all they could do was to stop and reverse. That the bells to stop were at once rung and obeyed I have no doubt, although I do doubt the assertion that the steamer was going astem when the schooner struck her. There would not appear to have been time sufficient for a propeller to have stopped her headway and begun to go astern; but that her headway was greatly checked, if not entirely overcome, is, I think, demon- strated by the character of the damage resulting from the collision, as well as by j;he direct testimony of those on board the steamer. The actions of the officers of the steamer are ail consistent with their account of the signais as they elaim to have heard th«m and to have answered them, and, unless I were to assume that they were ignorant of the meaning of the signais, I do not find anything whioh the law recognizes as a fault to convict them of having contributed to bring about this collision. �It is not improbable that a pilct familiar with the naviga- tion of the channel, and having some suspicion of the expectation which was in the mind of the master of the tug, might have diseovered something in her movements which would have arrested his attention in time to have averted the consequences of the tug's fault ; but to undertake to hold the steamer legally blamable because her officers did not have this high degree of local experience would be, I think, unwise, as by a strict adherence to the statutory rules the navigation of the channel should be safe to mariners having the ordi- nary experience and capacity necessary to navigate vessels. ��� �
Page:Federal Reporter, 1st Series, Volume 6.djvu/937
This page needs to be proofread.