Page:Federal Reporter, 1st Series, Volume 2.djvu/805

 798 FEDERAL REPORTER. �the time of the collision that the Calkins was heading N. E. by E. or N. E. by E. J E., and the mate, who was at the compass, testifies that she stood N. E. by E. J E. As the course of the Calkins was changed, and immediately or very soon after the Mason's horn was heard on the lee bow of the Calkins, the green light of the Mason was seen, but her red light was not seen at any time before the collision. The bail of the Mason to the Calkins to starboard her wheel was heard on the Calkins, but this was not done, the master of the ■Calkins responding to the Mason, "Why don't you luff ?" This is admitted by witnesses for respondent. The vessels imme- diately struck. These may be accepted as facts shown by respondent's testimony, touching what occurred on board and in connection with the movements of the Calkins just before the collision, and thus far, and to the extent thus stated, as to both vessels, their movements, the observations taken on board of each vessel by the crew of each, and the circum- staHces of the collision, we are able to proceed on what may be regarded as uncontroverted facts. �Now, in considering the respective theories maintained by libellants and respondent, there yet remains to be determined certain questions of fact, of the highest importance and open to much dispute, since they constitute the very points in controversy. What was the actual course of the Mason at the time and immediately preceding the collision? What was the actual position of the two vessels, and in what prox- imity were they, each to the other? Had or had not the Calkins crossed the Mason's course when the course of the first-named vessel was changed from N. J.W. to N. E. ? These, with other incidental points of inquiry, are the great questions in the case, and as they are determined, certain conclusions seem necessarily to follow. �The libellants maintain that the Mason was on her course — that is, on the port tack — close hauled, steering S. S. W. ; and their theory is that when the Calkins changed her course from N. J W. to N. E. she was crossing, or had crossed, the Mason's course, and that the collision was occasioned, other secondary causes contributing, by her persistent luffing to ����