Page:Federal Reporter, 1st Series, Volume 1.djvu/909

 BUNGE V. STEAMSHIP UTOPIA. 901 �order to the engineer "to slow." Their testimony is to the effect that after the ste^,mer had thus ported, and had brought the bark on their port bow, she suddenly changed her courBe by starboarding, standing across their bow again to the north- ■ward; that the master of the steamer, observing this move- ment of the bark, immediately changed his wheel to bard a starboard; that the steamer starboarded so as to bring the bark on their starboard bow again. The master testifies three points on their starboard bow, when the bark suddenly ported, running across their bow again, being then at a dis- tance of about an eighth of a mile ; that the order was thea given to reverse at full speed, and the collision became inevit- able, and thus they came together. �The master of the steamer testifies that if the bark had kept on her original course they would have cleared eaeh other by the porting of the steamer, and wonld bave passed each other port side to port side by an eighth of a mile. He also testified that he saw it was necessary to port in order to clear, and he did put his wheel hard a-port. He. testified that if the bark had kept her course after she starboarded, and after the steamer starboarded, they would still have passed clear of each other starboard side to starboard side; that after the steamer starboarded they were in faet well clear of each other, the bark being broad off on the steamer's star- board bow; and that it was the porting of the bark in this position, and that alone, which made the collision inevitable. In this account of the circumstances of the collision he is to some extent corroborated by the other witnesses irom the steamer. �On the part of the bark, the witnesses were the lookout, the wheelsman, the master, the boatswain, and one other sea- man. Their story is that the weather was very thick; that the lookout sung out, "Ship right ahead;" that the master and the boatswain ran forward on to the forecastle deck. The master could see sails, and, thinking it was a fisherman at anchor, he immediately gave the order to the wheelsman to keep off. The master testifies that he looked back to see that the order was obeyed, and he saw the wheelsman beginning ��� �