Page:Federal Reporter, 1st Series, Volume 1.djvu/917

 BUNGE V. BTKAMBHIP UTCPU. 909 �Bels -were apart when they first came in sight of eaeh other. On this point there is a very great conflict between the testi- mony from the bark and the testimony from the steamer, but no substautial conflict between the testimony from the bark and the officiai log signed by the master and mate, and the examinalion dictated and Bworn to by the master before the receiver of wrecks. �The witnesses from the bark estimate the distance at three or four ship's lengths. The captain of the bark puts it at a cable's length and a half, which would make it 1,100 feet. The master of the steamer says "a good mile." The mate says more than a mile, and he swore that vessels could be seen two miles off. Most of the ■witnesses from the steamer refused to give any judgment by ship's lengths, or by the steamer's lengths, and their estimates vary greatly. The statement of the collision in the officiai log, it seems to me, strongly confirms the case of the bark that the distance was- yery short and the succession of events up to the collision very rapid. Thus, it says : "Weather thick, with rain; clearing at intervals; steamer proceeding with careful attention to the state of the weather; suddenly a ship was sighted nearly ahead," etc. �The use of the word "suddenly" in this connection shows that the appearance vas unexpectedly near; that it came upon them suddenly. �It necessarily suggests that they found themselves in close quarters with her. It is not such aa expression as would be likely to be used if she were a mile or half a mile away. It goes on: "When we slowed engines and stopped, ship and, steamer ported, but instantly the ship kept away, compelling the steamer to starboard. The ship, at this time, was danger- ously close to the steamer, and a collision being inevitable the engines were reversed," etc. As we bave seen, the port- ing of the ship was a mistake. The apparent keeping away of the ship was merely their first accurate observation of her course, which did not take place till after the steamer ported, and which must have been immediately after the steamer ported, because the rapid movement of both out of the ��� �