Page:Federal Reporter, 1st Series, Volume 1.djvu/904

 896 FEDERAI EEPORTEE. �anchor ; that thîs making of the bark to pass to leeward being observed from the Bteamship, the latter's helm was ordered to be and was shifted to hard a-etarboard, by which the course and direction of the steamship was changed to the Bouthward, and so far to the southward, and with speed re- dueed by slowing and stopping her angines, that if the bark had continued on the course she was making to pass to lee- ward the steamship and bark would have cleared at a safe distance off, and so far off that there could not have been a collision; that instead of keeping on this last mentioned course, the bark, through want of proper seamanship, or other fault of persons in charge of her navigation, again changed, this time suddenly porting and standing on a port helm, so as to throw herself across the bow of the steamship, and in such close proximity, through the mismanagement and fault of the bark, that the collision followed as the resuli of this last change, not with standing the use of ail the pre- cautionary measures to avoid the collision, in her power, by the steamship, on board of which, immediately upon observ- ing this last change of the bark, \he engines were reversed full speed astern; that the steamship at the time of the collis- ion had but little, if any, headway through the water, and the bark was forging ahead on a port helm, angling across, until her port side, between the fore and main rigging, struck against the stem of the steamship, and thereby the bark was badly damaged ; that the collision was caused by the want of a proper lookout on the bark, the want of proper attention to the sounding of the steamship's steam-whistle, and the mis- take by the persons navigating the bark of the steamship for a fishing vessel at anchor, through their fault, and their want of proper seamanship, and the changing of the bark's course each time, after the steamship changed her course to clear the bark, so as to cross the bows of the steamship, or other- wise, through the sole fault of the master and crew of the bark, and without negligence or fault on the part of the steamship. " �The Utopia is a British steamer, and by the merchant ship- ping act of 1854, § 282, (17 and 18 Vict. c. 104,) itis required ��� �