Page:Federal Reporter, 1st Series, Volume 2.djvu/806

 WOIiF ». BCHOONEB BERTIB OALKINS. 7û9 �eastward, and by putting her wheel down when the Mason'a green light was" visible. �Eespondent maintains that the Calkins had not croBsed the Mason's course, and the whole defence proceeds upon that theory. Further, that it was her duty, upon hearing the Mason's horn, indicating that she was on the port tack, to change her course and luff to windward, for the purpose of going astem of the Mason ; and that, as the Calkins struck the Mason on the starboard side, abaft the main rigging, raking her, as it is claimed, from aft forward, it must be the fact that the Mason was not on her course, but had changed her course, and was on the starboard tack steering eastward. Further, that it was impossible for the Calkins to cross the Mason's course, and then change her own course from N. ^ W. to N. E., thus going to leeward, and, as it îs claimed, coming up in the wind, and by an evolution describing a circle, strike the Mason, if on the port tack on the starboard side, abaft the main rigging, from aft forward. �As the two vessels had the wind, it was the duty of the Mason to keep her course, and of the Calkins to keep away. There can be no doubt, as the horns of the two vessels were heard, that the men on the Calkins understood the Mason to be on the port tack, and that those on the Mason understood the Calkins to be sailing with the wind free. �Did the Mason pursue or did she change her course ? She had sailed from Manistee, and her port of destination was Milwaukee. Her natural course was S. S. W. There could be no object in changing her course to eastward unless a special emergency required it. No change of wind occurred, and no such emergency was presented, unless it arose, in the judgment of those in command of the vessel, by the supposed proximity of another vessel. There can be no doubt that at sometime before the collision' the Mason was sailing on her course*S. S. W. It is conceded by libellants, and so testified by their witnesses, that just before the collision the wheel of the Mason was put hard down, and she, to some extent, luffed. The claim of the respondent is that, when the horn of the Calkins was first heard, the wheel of the Mason must have ����