Page:Federal Reporter, 1st Series, Volume 2.djvu/599

 592 FEDERAIT EEPOETEE. �light of the Sansego was brought, and, as the two vessels approached, how it continued to bear, — in other words, how far to leeward of the course of the Sansego the Star of Scotia put herself, when, as she claims, she steadied, and how far to leeward she kept before the vessels were apparantly in immediate danger of collision, — is, I think.left in great uncer- tainty on the testimony of those on the Star of Scotia. And on this point, unfortunately, those on the Sansego can give but ïittle assistance, beoause they did not see the red light of the Star of Scotia, and saw nothing, after the green light disap- peared some distance ofif on their starboard bow, till the loom of the vessel was seen rapidly coming upon them on their starboard bow. The cause of the red light of the Star of Scotia not being seen will be hereafter considered. The sec- ond mate of the Star of Scotia, who was the ofticer respour sible for the navigation, testifies that, when the red light appeared, it bore about two and a-half to three points on bis port bow. He testified, also, several times, with great posi- tiveness, that it ranged with or a Ïittle abaft the port fore rigging, as he stood on the weather or port side of the wheel. �This would be iess than half a point. It is ciear that if the latter statement be true the light was not brought well or safely on the port bow. Having brought the light on bis port bow, so far as in bis judgment made it safe to steady the wbeel, and having given the order to steady, it was then his duty to watch the light as the two vessels approached. If his caleulation was right, and he was safely to leeward, the red light, provided the other vessel kept her course, .would have constantly broadened on the bow; yet his testimony as to the movement of the light after it was first seen is very confused. He does not testify that it broadened at ail on his bow. On the contrary, he always puts it as ranging with the fore rigging, and he puts it there when it suddenly changed to green, and the other vessel was found under his bow. Yet, if it did not broaden, he should have noticed it, and should not have been taken by surprise, as he was, by its sudden change to green. �The lookout testified that the ship was payhig off when he ����