Page:Federal Reporter, 1st Series, Volume 2.djvu/590

 MIBCOVICH V. BARK STAB OF SOOTIA. 683 �the maîn backstay ; that the light passed to wîndward, and he crossed over to the windward side and saw it to windward ; that when he saw it from the leeward side he saw it straight ahead ; that he saw it there by the time the mate got for- ward ; that when the light had erossed over to the weather side it disappeared; that when the mate came aft he asked this witness if he saw the light, and he answered that he did not see it any more; that there was no change in the Yessel'B sails up to the time of the collision. �It is daimed, however, on behalf of the Star of Scotia, that the case thus made by the Sansego is overbome by the weight of evidence tending to show that the Sansego did change her course, by starboarding and going off the wind ; that is, by sheering more to the westward or leeward, after the two vessels came in sight of each other. Four classes oï proof are relied upon by the claimants as showing this : (1) What was seen from the Star of Scotia of the movements of the San- sego; (2) what was done on the Star of Scotia in respect to her own movements ; (3) the angle at which the vessels came together, and their heading at that time ; and, (4,) as bearing on the third point, the position and nature of the injuries done to the Star of Scotia. �The testimony as to what was done on the Star of Scotia, and what was seen of the movements of the Sansego, by those on her deck, is briefly as follows : �It was the second officer's watch. There were eight men and boys, ail told, in his watch, six of whom were examined — ^the second mate, the wheelsman, the lookout, and one sea- man, and two apprentices who were on watch standing by about amidships. �The second mate testified that they were close hauled by the wind, heading by compass S. E. ^ S, The wheelsman says S. E., with a possible variation of a quarter of a point to the south. The wheelsman thought she would lie up to within seven points of the wind. �The second mate thought not quite so close with that wind, which he says was not steady. The bark, being an iron ves- sel, there was a variation of the compass, which, however, ����