Page:Federal Reporter, 1st Series, Volume 9.djvu/128

THE PANGUSSETT. 113 �to the mate that that vessel was keeping off and running down for them. The mate testifies that on receiving this report he put his tiller hard a-port, and put the tiller in the becket and jumped up on the taffrail, and saw the two lights of the other vessel about two and a half tp three points ofE his port bow; that his tiller was kept hard a-port till the collision. �It is evident that if those on the Yankee Doodle saw the green light of the Pangussett first on their port bow, and then, after its Crossing their bow, on the starboard side, till the vessels were very near together, it is impossible that those on the Pangussett should have seen the red light, and then both lights, of the Yankee Doodle over their port bow, as they swear they did. If it stood merely on the testimony of those on the Pangussett as to their first sight of the red light, it would be quite conceivable that the discrepancy was merely owing to a mistake on their part as to its bearing. The two lookouts made it but half a point to port, and the mate was certainly doubtful if it was to port at all. So small a misjudgment in the bearing of a light is clearly within the range of possibility, but when their testimony shows that they ported, bringing it so much further on the port bow, it seems hardly to admit of the theory of mistake on their part, if, in point of fact, it was, even after their porting, still on the starboard bow, as the testimony of the three witnesses from the Yankee Doodle, if credible, clearly shows. It is suggested, indeed, that those witnesses may have mistaken a red light for a green one. But the theory of color-blindness, which would be very plausible if there were but one witness to the color of the light, is destroyed by the number of the witnesses, and their testimony is too positive to admit of the theory of mistake on their part as to the color. It is neuessary, therefore, to determine at the outset which proposition is to be accepted as true — that those on the Pangussett made and held the red light of the Yankee Doodle over their port bow, or that those on the Yankee Doodle saw a green light. TJpon the whole testimony I am clearly of opinion that the story of the Yankee Doodle is, in this respect, to be taken as the truth, The testimony of the two seamen on the Pangussett plainly shows that they were not keeping a good lookout for this light after they first saw it. They appear to have looked at it again, — at least, they so testify, — but they do not claim to have kept a steady watch on it as those on the Yankee Doodle did upon the light which they saw. Moreover, the mate of the Pangus- sett, who was at the tiller, could not see forward, and, until they were v.9,no.2— 8 ��� �