Page:Federal Reporter, 1st Series, Volume 1.djvu/935

 7BREIKB V. SCEOONKB EBBCDLRS. 027 �first became visible just as the steamer struck her, and the Bchooner was then headed N. W. by W., and the Bteamer S. by W. I W. If this account is to be taken as correct, the course of the steamer was west of that of the schooner, and the schooner must have changed her course several points to the westward during the interval of less than four minutes after she first saw the steamer's side-light until the collision. Two accounts of the same transaction could not well be wider apart than these. But there are one or two circumstances which tend to show that the steamer was east of the schooner. If this is so, it is very clear she did not see the schooner's red light, and should not have ported her helm and attempted to pass to the west of the schooner, but should either have held her course, when she would probably have gone clear, or should have put her helm to starboard and passed to the east- ward. �First. The mate of the schooner who had charge of the deck, and was on the lookout, did not report the steamer to Dewey, the man at the wheel, and Dewey did not see the steamer or know of her approach, until the collision took place. If she had come up on the port side of the schooner she would have been in plain sight of Dewey. The fact that he did not see her is strong proof that her approach was on the schooner's starboard bow, as his view in that direction was shut off by the schooner's sails. Second. If the course of the schooner had been changed, as the claimants contend it was, her green light must have been seen from the steamer for some little time before the collision. Third. No one of the witnesses on the steamer testifies to having seen any change of course by the schooner. Her sails were seen for some little distance, and if her course had been changed to the extent claimed some indications of it must have boen visible from the steamer. No witness saw the disappearance of the red light, and the appearance of the green light. Such a change must have been noticeable, and would have been a prominent circumstance in the case if it had occurred. FoK/rth. Such a change of course by the schooner is alto- gether impossible. It could only have occurred through the ��� �