Page:Federal Reporter, 1st Series, Volume 1.djvu/902

 894 FEDERAL REPORTER. �that the vessel was a steamer coming almost directly upon them, but apparently changing so as to bear more towardà the port hand of the hark, and thereupon, in order to co- operate as far aa possible -with the movement of the steam- ship, he ordered the helm of the bark to be put hard a-port, and her helm was at once put hard a-port. The steamer was then 80 near, and coming at so rapid a rate, that the course of the bark was only ohanged about two points under the port helm when the steamship struck her on her port side, just aft of the fore rigging, a diagonal blow, cutting in nearly to the main hatch, and causing the bark to sink so speedily that her crew barely escaped with their lives, losing every- thing except the clothes which they had on at the time." �The libels further aver "that the steamer was running a rapid rate of more than 11 knots an hour, and at too great a rate of speed, and without keeping as careful and attentive a lookout as should have been kept, or blowing as loud and as frequent signal whistles as should have been blown, and that she did not in time adopt and continue proper measures to keep clear of the bark by passing her on one side or the other, or by stopping and backing in time, but by changing her course as she did she ran directly upon the" bark, and was otherwise oarelessly navigated ; that the bark was in no way in fault ; that the steamer was seen as soon as it was possible to see her ; that the collision was then, so far as the bark was concerned, inevitable, and that the changes of helm in the bark were only made in extremis, and that the only effect of them was to change the position in which the two vessels came together." �The answers allege that "at 4 p. m. the breeze was moder- ate, with a thick fog and a drizzling rain, clearing up at intervais ; that thereafter the fog was lesa dense and not very thick, before and when the vessels first sighted each other ; that at about 4 o'clock, there being then a dense fog, two lookouts were placed on the bow and two stationed on the forward bridge of the steamship, and the master and first and third officers were on the main bridge, a quartermaster at the wheel, and ail necessary appointments made for tbo oaraful ��� �