Page:Federal Reporter, 1st Series, Volume 2.djvu/807

 800 FEDERAL REPORTER. �been put hard down, and that she must have gone in staya and corne around upon the starboard tack. Btit this is wholly denied by the crew of the Mason. The lookout testifies that the course of the Mason was not changed, to his knowledge ; that he was in a position to know whether there was a change or not ; that she was close hauled, and that if she had been brought up a half point she would have been in the wind and the head sails would have begun to shake ; that they did not begin to shake untn the jib-boom of the Calkins was pointing to the Mason, and that when the two lights of the Calkins were visible the Mason's sails were still fuU. The wheelsman states that when he took the wheel the Mason waa on her course; that after the signal from the Calkins was heard, he received from the mate an order to keep the vessel steady and not let her run OJBF, and that when the red light of the Calkins was alone visible he received an order from the master to put the helm hard down. He states pos- itively that until he received this order he did not change the course of the Mason from the time he took the wheel, and it is evident that when this order was given a collision was imminent, and the wheelsman says that he then put the wheel down and lashed it, and, apprehensive of personal in- jury, so left it and took refuge in the vessel's boat; further, that after he put the wheel down, and the last time he looked at the compass, the Mason was heading S. by W. The mate testifies, after stating the Mason's course, that upon first see- ing the Calkins' green light he ordered the man at the wheel to keep the Mason up or keep her steady; that he gave no order to change her course after he took command of the deck; that she did not change her course, to his knowledge; that he would have known it if a change had occurred ; that when he saw the red light of the Calkins the sails of the Mason were full, and continued so until just before the col- lision, when the stay-sàil and jibs were shaking. The'master testifies that when he heard the mate order the wheelsman to keep the Mason steady, he came on deck; that he saw the Calkins' green light from the lee side of the Mason; that he looked at the compass as he passed it, and that his vessel was ����