Page:Federal Reporter, 1st Series, Volume 2.djvu/602

 «IBCOVICH V. BARK STAS OF SOOTIA. 595 �If one, whicb one -was it ? If the wheelsman is right that she fell off at first three points only, then the mate's observation of the compass the first time was wrong, or he does not reinem- ber it aright. �It is suggested that, as the yards and sails -were not changed, she wonld tend t® corne up in the -wind upon the wheel being steadied. Several experts have been examined upon this point, the resuit of whose testimony seems to be that with the sail she was carrying, and at three to four points ofE from the wind, an attentive wheelsman would have no diffioulty in keeping her head steady, with her yards still braced sharp up as they were. It is, however, consistent with some parts of the claimant's evidence, especially that of the mate and wheelsman, above referred to, and the testi- mony generally as to where the red light was seen after the wheel was steadied, that the wheelsman, through inattention, aUowed her to corne up some part of the distance she had f allen off when he steadied. Taking the evidence of the mate, as a whole, I am far from being satisûed that he kept that careful observation of the light, after he brought it on hia port bow, which the situation and his responsibility requirad. He was not able to give such an intelligible account of its bearing and movements, down to the time the green light appeared again, as he should, and could have done, if he had been observant and alert. �The testimony on the part of the claimants as to what was seen and done on the Star of Scotia has not that certainty which is sufficient to control and overweigh the positive evi- dence that the Sansego kept her course by the wind. I think that the evidence, on the part of the claimants, at least, leavea it doubtful whether the Star of Scotia kept off to leeward of the course of the Sansego sufficiently far to pass her safely on the port hand; or whether, after having ported till the offleer of the watch judged it safe to steady the wheel, the vessel was kept steady on her new course ; or whether the other vessel was attentively kept in view and watched, as was necessary tô prevent a collision. The second mate's igno- rance concerning the deflectionof his own compass was itself ����