Page:Federal Reporter, 1st Series, Volume 2.djvu/802

 WOLF V. SCHOONER BBRTIB CALKINS. 79Ei �rules of navigation. While the Calkins was thus proceeding, a horn was heard about a point and a-half on her starboard bow, sounding two blasts, indicating a Tessel on the port tack, about a mile away. This horn was answered by three blasts from the Calkins, indicating that the latter vessel had the wind free. The wheelsman was at once ordered to put the Calkins up a point and to keep her up north-east, which ordefr was promptly obeyed. The horn of the other vessel, which proved to be the Mason, was then heard about a point and a-half on the lee bow of the Calkins, and was answered with three blasts from the latter vessel. The lookout then reported a green light a little on the Calkins' port bow, close up, and the wheel of the Calkins was ordered hard down. Almost in- stantly the bows of the Calkins struck the Mason abaft the main rigging, her bowsprit pointing toward the bows of the Mason. It is alleged thatit was the duty of the Mason, being on the port tack, to keep her course, and of the Calkins to give way ; and that therefore the Calkins put her helm hard down to go under the stern of the Mason ; but that the Mason did not keep her course on the port tack, but luffed up and came across the bows of the Calkins; that the Mason was in fanlt for luffing, and that the collision would have been avoided if the Mason had kept her course when her fog horn was heard on the lee bow of the Calkins. It is further alleged that if the collision was not the resuit of the Mason's negligence, then it was occasioned by the thick, foggy weather, and the wind, whereby the crew of the Mason might have been misled as to the course and condition of the Calkins, and was an inevitable accident. �H. H. a Geo. G. Markham, for libellants. �W. P. Lynde and Robert Rae, for respondent. �Dyee D. J. The diffieulties which attend a determination of this cause, arise, as in most collision cases occurring in the night, from uncertainty as to material facts. Witnesses on both sides have given their opinion as to the positions of the two vessels at the time of and before the collision ; they bave stated their estimates of distances and theories of the disas- ter ; and counsel have endeavored in argument, even by math- ����