Page:Federal Reporter, 1st Series, Volume 2.djvu/605

 598 FEDERAL REPORTEH. �the same place off the starboard bow of the Sansego, and to bave moved from there across the bow of the Sansego. These men were watching the green light. It disappeared. This was a noticeable, a striking circumstance. Their atten- tion was especially attracted by it. They spoke to each other about it. They expected to see another light. They looked for it in the proper place and saw nothing. It does not seem to be a matter about which they can be mistaken. If there was a good bright light there, brought within range of their vision when the port side of the Star of Seotia was turned towards their starboard bow, as was shown by those on the Star of Seotia, it seems impossible that they should not have seen it. This is very different from the ordinary case of a mere failure to observe a light that might have been seen. It is very strong evidence, if the witnesses are credible, that the light was too dim to be seen, at any rate, at and soon after the green light disappeared. And there is some evidence on the part of the Star of Seotia that the port light was not burning as it should have done that night. At half past 11 it was found necessary to take it down and trim it. One of the apprentices testified that he trimmed it then by knocking off whatever of crust there was on the wick; that it was then replaced. There is also evidence that it was burning brightly at 12 o'clock. The lookout who went on duty at 2 o'clock testified with great confidence that both side lights were burn- ing brightly ail the time after he went as lookout up to the collision; that he could not help seeing them as he walked to and fro on the forecastle deck. Another witness, however, testified that to see them from the deck it was necessary to lean over the rail. They were set at the break of the fore- castle, about at the height of the forecastle deck, outside of everything. One of the apprentices, however, testified that, soon after the Sansego sunk, he took down the port light and trimmed it again. This he did without orders, and it was not his watch. He says that it was an extra precaution to make it burn more brightly. He testifies that it was burning n'en, and that the glass was clean. The sail-maker testified that after the collision the side lights were taken down; that ����