Page:Federal Reporter, 1st Series, Volume 2.djvu/100

 HOBBN V. STEAMER- WESTOTER. 93 �to her course, the steamer must in time slacken her speed, and, if necessary, stop and back, and neither proceed nor change her course until the course of the sailing vessel has been ascertained. 17 How. 178; Peck v. Sanderson, 21 How. 6; T]ie Steamer Louisiana, 5 Blatch. 256; The Illinois, The Harvest Queen, and The Adriatic, opinion of Chief Justice Waite, Circuit Court, S. D. of New York; The Herman, i Blatch. eel. A clearer case of admitted facts, requiring the observance of this rule, is rarely met with. When half a mile off the steamer had already witnessed four changes in less than four minutes in the lights of a sailing vessel directly ahead of her, yet she did not slacken from her speed of nine knots an hour, but continued porting and starboarding until within 200 yards, when at last, but too late, she reversed her engines. �That there was in the captain's mind great uncertainty as to the course of the schooner is apparent from his own testimony, and from that of the second mate, who was with him in the wheel-house. �In his testimony, after describing how he first saw the Bchooner's red light, and then saw both, and then saw her red light again, he says he then ordered his helm to port, and about as soon as they got the wheei over the schooner showed her green light, about 200 yards off. He says he then said to the mate : "She is either going about, or he has let her come up iato the wind, and I told the mate" (not to slacken speed, as one would suppose, but) "to heave his helm hard a starboard." Next he says: "I could not see any lights, but could see her sails, and then I blew the whistle and gave the order to stop and back. I was then as far east as I could go without getting aground, and she was right under my bow." �The mate's testimony corroborates the captain's in every particular. �An examination of the testimony for the libellants yery clearly shows why it was that the lights appeared so fluctuating to those on the steamer. The schooner was almost directly ahead, the water was very rough, and the small schooner conse- ����