Page:Federal Reporter, 1st Series, Volume 2.djvu/594

 MIRCOVICH V. BARK STAR OP SOOTIA. 587 �It was evident, however, that the reconciliation of the tes- timony does not call for this alleged first change of course. There is nothing in the evidence, on the part of the Star of Scotia, to require it. On the contrary, if at that instant, just after the vessels came in sight of each other, and while the Star of Scotia was going to windward, the Sansego had changed her course to leeward to any appreciable extent, the Star of Scotia would not, so readily and quickly as she appears to have done, have crossed her bow again and brought her red light again in sight on her own port side. Moreover, the bearing of the light of the Sansego, as seen from the Star of Scotia just before this change from red to green, is so' near to -what it should be, if the Sansego was then heading as those on her say she was, when the green light of the Star of Scotia crossed her bow, that such crossiag of the bow of the Sansego accounts by the Star of Scotia perfeotly for the change of lights observed from the Star of Scotia. �This reasoning, from admitted or clearly proved facts, was 80 obvious that on the trial the allegations of this first change of course was abandoned in argument, and the charge of change of course was confined to that secondly alleged in the answer. �There is an entire agreement, also, as to the maneuver executed by the Star of Scotia after she thus first crossed the Sansego's bow from port to starboard. What those on the Sansego saw was the green light passing over to their star- board bow, and then, while it was on their starboard bow, it disappeared and they saw no light. This entirely agrees, so far as the green light is concerned, with the story told by those on the Star of Scotia. They say, in effect, that though their wheel was put a-port, the green light of the Sansego, which appeared first on their starboard bow, passed across their bow, and at some distance on their port bow it disap- peared, and the red light appeared in its place. So long as they continued to see the green light on their starboard bow they were showing, of course, their green light to the Sansego over its starboard bow, and that their green light must bave disappeared, and their red light, if visible at ail, must have ����