Page:Federal Reporter, 1st Series, Volume 10.djvu/697

 TES BCOTIA. 685 �tween the island and the Canada shore, she headed towards the latter shore, undoubtedly with a view to prevent the rear end of the raft, which would naturally swing towards the island shore in its passage down the river, from striking the vessels lying at anchor. The master of the Seotia testifles that he saw the green light and the two white lights of the tug about 15 or 20 minutes before the collision between the Seotia and the ihayer; and both he and his mate then supposed that they were the lights of a vessel lying at Frazer's dock, a point on the Canada shore opposite the island. The Seotia moved slowly up the river, until her master observed that the lights he had seen were on an approaching vessel. When the tug and propeller had got so close to eaeh other that the escaping steam from the tug was discernible, the master of the Seotia blew two blasts of her whistle, indicating that he desired to pass on the starboard side of the tug. The tug responded with eue blast, indicating that her master desired the Seotia to pass on her port or windward side. The master of the Seotia, however, adhered to his determination, and again blew two blasts of her wliistle. The two vessels were then very close to each other, and the tug thereupon responded with two blasts. There is no doubt, I think, that the Seotia gave the first signal as the two vessels ap- proached each other. The testimony on the part of the claimant tends to show that when the lights of the tug were flrst seen from the Seotia, the two vessels were about two miles apart ; but, of course, it was difflcult, under the circum- stances, to form an accurate juc^ment of the distance. As the propeller and the tug passed each other, the master of the Seotia discovered the Thayer some distance ahead. The Seotia had been moving slowly, and when the Thayer was sighted, both engines of the propeller were stopped. Soon after this, the rear end of the raft caught the anchor chain of the Thayer, and dragged her some distance down the river, towards the Seotia. Either while the Thayer was thus being dragged, or after she had stopped dragging, and was again lying at anchor, she and the propeller came in collision. What is the faet in this regard is the question most controverted in the case. The witnesses for the Thayer testify that the raft had got free from that vessel, and had passed down the river when the collision occurred,and that while the Thayer was securely anchored, the Seotia, by three repeated movements ahead. struck the Thayer. The witnesses for the Seotia testify that, as the Seotia was beginning to back and when she actually had sternway, the raft was still dragging the Thayer down upon her, and that the collision was wholly oc- casioned by this f act ; so that, according to the claim made in behalf of the propeller, the Thayer struck the Seotia while the latter vessel was retreating. �That the Thayer was in a proper place of anehorage I think there can be no doubt. The testimony of disinterested witnesses is that vessels bound up the river awaiting a tug, usually lie therei As before stated, she was not lying in mid-channel, but was sufficiently close to the island shore to leave a good passage on the Canada side. The master and mate of the Seotia, on sighting the lights of the tug, made a serious mistake in supposing that they were the lights of a boat lying at the dock on the Canada shore ; and it is reasonable to ��� �