Page:Federal Reporter, 1st Series, Volume 2.djvu/591

 584 FEDERAL REPORTER. �the second mate waa net informed of, having, as he said, left that to the captain and cliief ofïïcer. The deviation of their compasa at S. E., as given by the captain, was one point westerly, making the actual heading, while on the wind, S. E. by E. to S. E. | E., according to the wheelsman; S. E. |- E. according to the second mate. Assuming the wind to be N. E., as it is testilîed on both aides, the course of the Star of Scotia may be taken to have been at S. E. | E.,with- out muoh possibility of error. �It is clear, from the testimony of both the wheelsman and the second mate, that their heading, as given in the answer, S. E. J S., is the heading by compass, and not the actual heading; and, as she could not lie doser than seven pointa to the v/mà, that the wind must bave been nearer to N. E. than N. E. by E. The wind is stated in the answer in the alternative, N. E. orN. E. by E. The second mate thentes- tiiied that he first saw a red light on his starboard bow ; that it bore about S. S. B., or a point and a-half on his starboard bow. He evidently is speaking of its beariug by compass, as S. S, E. is a point and a-half from S. E. ^ S., which was their compass heading as he gives it. If the compass bear- ing of the light was S. S. E., its real bearing was, according to the captain, S. E. by S. J S., the variation at this point being | of a point westerly. The second mate took the red light to be the port light of a vessel sailing by the wind on the starboard tack, and he says that he immediately gave the order to the man at the wheel to port, and that he helped hhîi heave the wheel over. The wheelsman testifîes that the order was hard a-port ; and on cross-examination the mate appears to admit that this was so. The difference, perhaps, is of very little importance. At this time no light had been reported by the lookout. �The mate's testimony, then, is that, as soon as he had helped the man at the wheel heave the wheel over, he hailed the lookout and asked him if he saw that light on the star- board bow, to which the lookout replied that he did. At this instant, according to the testimony of the mate, and just as the ship began to pay off, the red' light changed to grcen. ����