Page:Federal Reporter, 1st Series, Volume 9.djvu/725

7i0 FEDERAL REPORTER. �Ritle 20. "If two vessels, one o£ which is a sail-vessel and the otiier a steam-vessol, are proceecling in such directions as to involve risk of collision, the steam-vessel shall kesp ont of the way of the sail-vessel." �Rule 21. "Every steam-vessel, when approaching another vessel so as to iiivolve risk of collision, shall slacken her speed, or, if necessary, stop and ie verse; and every steam-vessel shall, when lu a fog, go at a moderate speed." �It is not my purpose to go into a full analysis of the voluminous proof taken in this case, as that has been suffieiently done in the exhaustive report of the commissioner, iiled herein. It is sufficient for my purposes to say that it clearly appears from the proof that the Channon was proceeding on her voyage upon a southerly or nearly south course, with a light sailing breeze, at the rate of from five to six mile^ per hour, with the wind over her starboard (juarter a little abaft the beam, whan, about a quarter before 10 o'ciock, her lookout saw the mast-head lights of the steamer at a long distance (say from five to seven miles) nearly dead ahead. He reported the light to the captain, who reconnoitered it through lus glass and ascer- tained that it was the light of a steamer towing other vessels. Soon afterwards the steamer showed her green light, about a half a point or a point over the port bow of the schooner. The speed of the steamer at the time she sighted the light of the schooner, and up to the time of the collision, was about seven miles per hour. The two vessels continued to approach each other, nearly end on, until quite close — probably less than a mile of each other; and when the sails of the schooner could be seen by those on the steamer the schooner showed a torch, and shortly afterwards, thinking, as stated by one of the witnesses, that the steamer was coming right into them, the wheel of the schooner was put to port, and she luffed a point or two into the wind, and at that moment was struck upon the port bow just abaft the fore-rigging, and so injured that she sunk within five minutes. �It is contended on the part of those in charge of the Favorite that the schooner changed her course; and there is considerable tes- limony in the case on the part of the respondents to the effect that the lookout on the steamer first saw the green light of the schooner, from which they argue and insist that the course of the schooner must have been somewhat east of south, and that she was to the lee- ward or easfc of the course of the steamer. I do not think it neces- sary to attempt to reconcile the contradictions between the witnesses who were upon the schooner and those on the steamer as to which light the schooner first showed to the steamer. The testimony of ��� �