Page:Federal Reporter, 1st Series, Volume 1.djvu/926

 918 FEDEEAIi BEPOETEB. �that no seamansliîp on her part could have prevented the collision. �The first inquiry suggested is, was the schooner's light burning ? It is proved that the lamp was a proper one, and ■was put up in a proper place. It was found af ter the schooner Bank hanging in the fore rigging, and then had some oil in ii and a good wick. There is testinaony that it was seen during the early part of the night, and there is testimony that it was burning at the time of the collision, which I will briefly Btate : �Abel Eiley, a colored seaman on the schooner De Bow, anchored next the Eoach, about 30 yards off up the stream, says he heard the collision and came up on deck; that none of the Eoach's crew had then corne up, and he saw her light, and that it was put out by the water when she sank. �Francis Powell, a seaman on board of the Cuba, anchored about 40 yards down the stream from the Eoach, came on deck and saw the steamer coming in, and watched her until she passed, and says that the Eoach's light was burning. John Thomas Allen, a colored man, says he was on the rail- road wharf waiting for the steamer, and saw the light from the wharf at about 4 o'clock. Thomas Conner says he saw it .from the shore about 3 o'clock. James C. Simonson, assistant postmaster, says he was waiting for the steamer and saw the light at 5 minutes before 4 o'clock from the rail- road ticket office. George C. CarroU, on board the Sailor's Delight, says he saw the light between 4 and 5 o'clock. Ed- ward Evans, on board the schooner De Bow, says he saw the collision and saw the light. William L. Sterling was on the wharf and says he saw the collision and saw the light burn- ing. �On the other hand, there were on the steamer two very competent men (one of them the mate) stationed, one on each eide of the bow, near the stem, acting as lookouts. They saw the ligbts on the two vessels, one on either side of the Eoach, but, although intently watching, swear they could see none on her, and could see none before or after the coUiBion. The captain and pilot, although they saw the other ligbts, swear ��� �