Page:Federal Reporter, 1st Series, Volume 8.djvu/184

170 FEDERAL ilEPOETEB. �The Freddie L. Porter. {Oircuit Court, D. Maine. . 18811 �1. COLLIBIOir — BtTRDBN OP PeoOF. �In case of a collision between a sloop elose-hauled and a schooner sailing directly before the wind, the burden is on the schooner to account for it consist- ently with her innocence. �2. EviDENCB— Absence of WirNESsES. �The absence of important witnesses, whose presence raight have been secured by the exercise of reasonable diligence, is open to remark. �3. Damages— Nbt FRKI0HT. �Where a vessel, chartered by a paroi contract for a deflnite titae, ig sunk in a collision caused by the fault of the other colliding vessel, and becomes a total loss, the net freight for the unexpired time of the charter may be assessed as damages. �In Admiralty. �Washington Gilbert, for libellants. �Webh d Haskell, for claimants. �LowELii, G», J. The decision of this case in the district court ia reported in 6 Fed. Rep. 822, and 4= Ped. Eep. 89. The Hope, a small sloop loaded very deep with stone, was proceeding from Cape Ann to Boston on a fine moonlight night, and was close hauled on the star- board tack, whenshe was struck ou the starboard quairter by the stem or bow of the large three-masted schooner Ereddie L. Porter, bound from Boston to the Kennebec for a cargo of ice, and sailing with the wind aft. The burden is on the schooner to account for the collision consistently with her innocence; and the defence is that the sloop suddenly tacked under the bows of the schooner immediately before the collision. �The mate of the Porter was on deck, forward, assisting the look- out, and there was a man at: the wheel. Only the officer is brought forward as a witness. The libellants comment very severely on the absence of the other two, It seems that they deserted on the arrivai of the vessel at her port of loading ; but it would seem that, by rea- sonable diligence at that time, they might have been found. The libel was served only four days after the damage was done, and the absence of these men is open to remark. �The mate testifies that, being forward on the lookout, he saw both lights of the sloop ahead at a distance estimated at one-eighth or one- sixteenth of a mile; that he otdered his own helm hard a-port, and the order was obeyed, and the change of course brought the port light of the sloop three points on his port bow and shut out the green light ; ��� �