Page:Federal Reporter, 1st Series, Volume 2.djvu/815

 808 FEDERAL REPORTER. �Bpondent's witnesses, are quite consistent with a probability that the Calkins was about crossing and crossed the Mason's course. So, toc, if the Calkins was approaching the Mason's course it is not unreasonable that her first horn should be heard on the Mason, a little off her weather bow, as testified, and if she crossed, and as she changed her course, her horns would be heard on the lee bow of the Mason,- as further testi- fied. �Then, considering the question with reference to the lights of the two vessels, we find that a green light was first seen from the Mason, and this would be the light first seen, fither as the Calkins crossed, or after she had crosse3 the Mason's course; then both lights of the Calkins appeared, whieh would naturally resuit from the Calkins' change of course to eastward, if she was to leeward and the Mason was on her course. Then, on the Calkins, the green light of the Mason was seen, and her red light was not, at any time before the collision. This, toc, is consistent with the approach of the Calkins on the lee of the Mason, because the latter ves- sel's green light would be on the starboard side ; so, as to both signais and lights, it is found that the testimony is con- sistent with libellants' claim, that the Mason was on her course, and that if the Calkins crossed the Mason's course and then changed her own course and approached the Mason, as indicated, the lights of the Calkins would be seen on the Mason, in the order and from the points stated by her own crew. �As before stated, evidently the master of the Calkins, from the moment the horn of the Mason was heard, assumed that he was ail ôf the time to windward of the Mason's course, and did not pause to consider the possibility of error. In this I am convineed he made a fatal mistake. He was warned by the horns of the Mason that she was on the port taek. He knew the Calkins was sailing with the wind, and when the first horn of the Mason was heard off his ves- sel's starboard bow he was admonished of danger in chang- ing his course to eastward, for by so doing there was liabil- ity that he was going toward the Mason instead of from her, ����