Page:Federal Reporter, 1st Series, Volume 2.djvu/801

 791 FSOBBAL BEFOBTEB. �•waukee. A moderate breeze was blowing from S. S. E. to S. E. by S. It was smoky and thick, and objecta eould only be discerned about a quarter of a mile distant. The lights of the Mason were burning brightly and her fog horn ■was sounded according to regulations. At 12 o'clock mid- night, the atmosphere began to lighten. At 12 :25 the vessel was heading S. S. W. and sailing at the speed of three knots an hour, with the wind S. S. B. J E. A vessel's horn was tben heard a point or a point and a-half off the weather bow of the Mason, and appearing to be about a mile distant. Again the horn was heard bearing a little more to leeward. The horn was understood to be blown in single blasts, indi- cating a vessel sailing on the starboard tack, and that she would pass to the leeward of the Mason a considerable dis- tance, The Mason kept on her course. In about. five min- utes after the first horn was heard the green light of the vessel, which proved to be the Calkins, was discovered about two points on the Mason's lee bow. Then both lights of the Calkins appeared, and then her green light disappeared, and her red light was only visible. The Calkins was then within 200 feet of the Mason. The Mason, in order to avoid a colli- sion, luffed, and came into the wind, and the Calkins struck her just abaft the main rigging on the starboard side, the jib- boom of the Calkins running through between the main rig- ging and mainmast. It is alleged that the horn of the Mason could be heard on the Calkins, and was heard for the distance of at least a mile ; that the Calkins could have changed her course to port, but that instead of so doing she changed her course to starboard, and that those on board the Calkins knew that the Mason was to windward of the Calkins. Extensive injuries to the Mason as the resuit of the collision are alleged. �The case made by the answer was in brief this : The Calk- ins was on a voyage from Chicago to Manistee. The wind was S. S. E. and the vessel was under full sail, heading N. ^ W., sailing at a speed of five knots an hour, with lights burn- ing and proper watches on deck. The weather was thick, and a fog horn was sounded at intervais, as required by thô ����