Page:Federal Reporter, 1st Series, Volume 1.djvu/927

 OBEEN V. 8IEAUEB HELEN. 919 �ihey saw none on the Eoaoh, and bo swears the man vrho was Btanding on the hurricane deck near the pilot house. The .steamer was steered between the two lights, which, it appears, were the lights on the Cuba and the De Bow, because, as they say, it was a dark space in which there was no light. Ail these persons on the steamer testify that they saw the masts of the Eoach as soon as revealed by the steamer's head-light, and ail five of them testify that from the time the sohooner's masts were revealed until she sank they could see no light on her. Charles Simmons, the watchmau on the railroad wharf, who was standing in an excellent position for observation, watching the steamer coming in, and swinging a light for her ^uidance to the wharf, testiaes that he saw the two lights on either side of the steamer and dark space between, into which she steered ; that he then heard the crash of the collision, but saw no light of any vessel there. �As to ail the libellant's witnesses who say they saw the light froBa the shore they were at considerable distances, varying from 500 to 1,000 feet. There were seyeral vessels lying not far a.part ; their position had shifted with the wind, the darkness was such that they could see nothing but the lights, and they may easily have been mistaken as to which vessel the light was on. As to his other witnesses, their opportunities for see- ing the light were no better thau those of the officers and men on the steamer. �It is not necessary for me to discuss why I am disposed to give paore or less weight to the statements of different wit- nesses who have testified with regard to the light ; but I may say, generally, that it appears that there is such a state of feeling between the oystermen of Crisfield and those navigat- ing the steamers running to that port, that the witnesses on «ach side of this controversy, whether on board the vessels that came in collision or not, would seem to be open to pretty much the same liability to the influences of bias and prejudice. The captain of the Eoach was not on board of her, and no one had been since Saturday night, exoept five of her colored erew, who were sound asleep until roused up by the collision. Of these two were examined, but hey did not say whether or ��� �