Page:Federal Reporter, 1st Series, Volume 2.djvu/110

 FARWELL r. STBAMBOAT J. H. STAEIK. 103 �or have made the blow more glaneing, which would have less- ened the injury caused by the collision. �It is admitted that the schooner did not show a flash light, but it is alleged on her behalf that there was no need to do Bo until the steamboat suddenly changed her course and ran across the course of the schooner, and that there was then no time to exhibit such a light. �The crew of the schooner consisted of the master, mate, two seamen, and a boy who served as cook. The master was at the wheel, the two seamen forward on the lookout, and the mate was on deck walking backwards and forwards, and the boy was below. �The master, mate, and two seamen, testify substantially to the same account; that after passing Execution Light, the schooner made a tack to the eastward and then was put upon her port tack, heading about south-west by the wind or one point free — Stepping Stones and Throg's Neck Lights bearing a little on the weather or port bow; that they were on this tack when they made the steamer's lights, although dne or more of them think they may bave seen the steamer's lights while still on their tack to the eastward; that she was, when they first saw her on this tack, from a mile to two miles distant and showing both lights. �The mate alone puts her much nearer, but he testifies to the same changes in her lights, and bearing from the schooner, which the other wilnesses testify to ; that when they first saw her, after getting on their port tack, she bore about a point on their port bow ; that the schooner kept her course till the collision, without any change whatever; that very soon after sighting her the green light of the steamer was shut out, and the red light alone remained visible, showing that she was passing them on their port side, and as she approached she bore more and more on the port side; that afterwards both lights appeared again for a short time, and then the green light alone, and then, almost immediately, the collision took place. �On the part of the steamboat, the pilot and assistant pilot ����