Page:Federal Reporter, 1st Series, Volume 2.djvu/814

 WOLF V. SCHOONEB BEETIE OALKINS. 807 �might have croBsed the latter veBsel's course. He does not appear to have paused to consider the possibility of such a contingency, nor to have reflected upon the possible effect of a change of course if such were the case. He says that his vessel had not crossed the Mason's course, and that she was not to leeward at any time. But how could he know this in weather go thick'that, as it is claimed, a vessel's light could not be seen more than 120 or 130 feet. He gives as a reason for his statement that the Calkins was not to leeward, be- cause she did not corne up to the Mason when her hom was heard on the Calkins' starboard bow. But if the Calkins waa about to cross, or was crossing, or had just crossed the Mason's course, if the Mason was sailing S. S. W., her hom would be heard on the Calkins' starboard bow, and as she waa then immediately luffed up and continued steadily to luff, the Mason's hom would afterwards naturally be heard more off the lee bow of the Calkins, precisely as the testimony shows it was heard. The master of the Calkins testifies that his vessel luffed till she brought the Mason's hom on her lee bow, and it is evident that a radical change was made in the Calkins' course, because, acting upon the supposition that he had not crossed and was even distant from the Mason's course, he wanted, as he says, to bring the Mason on the Calkins' lee. �In short, if the Calkins, on a course N. J W., was approach- ing the Mason's course, which was S. S. W., or waa about to cross it, the Mason's hom would be heard off the Calkins' starboard bow ; then, as the Calkins luffed to N. E. and con- tinued still to luff, the Mason's signal would be heard more ahead, and, as the change of course of the Calkins was per- sisted in, if the Mason was keeping her course her horn would be heard off the Calkins' lee bow. It must be remem- bered that the Calkins was being crowded up with persist- ence. Her wheelsman says that he luffed her up nearly east and then tried to stop her ; that first he tried to bring her up three points, and then he luffed again and the collision followed. So, in view of the movements of the Calkins, the points from which the horns were heard, as stated by re- ����