Page:Federal Reporter, 1st Series, Volume 2.djvu/112

 FARWELI, ». STEAMBOAT J. H. STARIN. 105 �It îs entirely clear that the two stories cannot be recon- ciled. It is impossible that the schooner coald have thu3 Buddenly, and in the immediate vicinity of the steamboat, bave, changed her course to the westward, anless the four wit- nesses from the schooner are not only mistaken, but so en- tirely wrong, as to the schooner's course, and as to what they saw of the movements of the steamer, that the error is not consistent with an intention to testify truthfuUy, No mere exaggeration of distance or conf asion as to length of time can reduce the time and distance they ran on their iast port taek to make it conform to what the witnesses from the steamboat think they saw — a sudden change of course and running' down on the steamboat from a point 150 yards away, while well on the starboard-bow of the steamboat. �Nor on that theory could those on the schooner bave pos- sibly seen the red light of the steamboat at ail after they stood on their port tack, and they ail testify positively to see- ing first both lights, then the red light alone, then both lights, then the green light alone, ail after getting on that tack. Such changes of the steamboat's course, if seen as they tes- tify, imply, necessarily, that the schooner ran a considerable distance, and is wholly inconsistent with the account given by those on the steamboat. Assuming the truthfulness of the witnesses on both sides, there is no improbability iu the bypothesis that the green light which was seen from the steamboat was not on the Farwell, but on sonie other vessel. There is evidence that there were other vessels in the vicin- ity. It is more probable that the lookout of the steamboat is mistaken in supposing, or in his recollection, that he kept hiS; eye steadily on the green light, and that he saw the vessel that bore it shut it out and show her red light, than that the four witnesses from the schooner have testiûed falsely to what they did and what they saw. �As above remarked, the identity of the vessel bearing the green light with the vessel bearing the red light rests almost entirely on the testimony of the lookout. But, if forced to reject as false one story or the other, I should nothesitate ta ����