Page:Federal Reporter, 1st Series, Volume 9.djvu/587

572 FEDERAL BKPORTER. �The deck hand of the John Jay (colored) states that he was forward, on the lookout; that he flrst saw the low light of the Vesper about 100 yards off, and that he stepped to windward and asked the captain if he saw the light ahead, saying, " You are steering directly for it;" that he got no answer, but did not then think there was any danger of a collision ; that he saw no colored lights of the Vesper, or of any other vessel. The cook, who says he was on the deck of the John Jay, testifles that he saw no Mghts of the Vesper, or of any other vessel, and the captain says the same. The cook says he saw the Vesper's bow 200 yards ofi; that the captain saw her flrst, and immediately ported, ihe captain says he flrst saw the Vesper when only half his length oii, (25 yards,) and that he saw her because he happened to stoop down, as is his wont, and look under the boom. �The libellant seeks to explain this failure of all aboard the John Jay to see the hghts, either of the Vesper or of the Mayflower, by claiming that a low- fog hung over the water, which obscured the vision of persons so low down as those on the deck of the John Jay, while the vision of those upon the steamer's decks was not so obstructed. The testimony does not sustaiii this argument. The deck hand of the John Jay, as well as the witnesses from the other vessels, testify that there was no fog. Had there been any such fog as to prevent the lights being seen within a sliort distance, it would have been gross carelessness in the John Jay to have been sailing at the rate of eight knots an hour where other vessels were liable to be encountered. But the evidence is that there was no fog or obscuration of the lights. The lights of the John Jay -were seen from the Vesper and the Mayflower at least a mile away, and they testify that lights of vessels could easily be seen that distance ; and the gas-lights of the battery are alleged by the cook of the John Jay to to have been visible after leaving the kilns, which is at least flve miles off. �I am forced to the conclusion, from the whole testimony, that the John Jay not only had no proper lookout, but that the captain, who was at the wheel, was also grossly negligent in not observing what vessels were near his course, and careless in navigating his vessel. He was sailing, as he says, at the rate of eight knots an hour, and the tide was with him, He had been coniing across the flats from themouth of the kilns, where only a few light-draught vessels pass, and where he might naturally be less observant. He arrived in the deeper water of the channel, doubtless, much sooner than he was aware of, and he had also gone far more to the eastward than he supposed. He testifies positively that, from the time of leaving the kilns, he steered straight for the battery lights. Had he done so this collision could not have happened. That course would have put him, when half way between Bedloe's island and Eobbins' Eeef light, still upon the flats, and nearly a quarter of a mile to the west of their easterly edge. He testifies, however, that "at the time of the collision we had just got off the edgeof the flats," while the aotual place of collis- ion, as shown from the course of the Vesper, viz., S. W., after clear- ��� �