Page:Federal Reporter, 1st Series, Volume 2.djvu/819

 812 FEDERAL EBPORTER. �Second. That on the fifteenth day of December, A. D. 1879, Baid schooner Mary Weaver sailed from Port Comfort, in the Btate of Virginia, with a valuable cargo of coal on board, bound for the port of Providence, in the state and district of Bhode Island, and that during said voyage, to-wit, about 11 o'clock p. M. of the seventeenth day of December, A. D. 1879, when in Long Island sound, oiï Saybrook, in the state of Gon- necticut, and about six miles southerly therefrom, and heading east by north, with the wind blowing an eight-knot breeze from a little west of north, and with her lights ail as required by law, set and burning brightly, and the master and two of crew on the lookout for the protection and management of the vessel, the said master and crew descried at some dis- tance ahead, to-wit, about half of a mile, and about one point on their starboard bow, a vessel which afterwards proved to be the schooner Onmst, aforesaid, approaching and heading about from west to north, to west by north- west, or thereabouts, and being on her starboard tack, and showing to those on the Mary Weaver her red light plainly, Whereupon, the master of said schooner Mary Weaver ordered the helm of his vessel put hard a-port, which was done, and thereby opened the lights of said Onmst f uUy five points to the windward or port, said Mary Weaver keeping her wheel hard a-port, when of a sudden the red light of the said Onmst was obscured to him and his crew, and her green light became visible ; and although he kept his helm hard a-port as possible, and slackened his main peaks and tried to keep out of her way, yet the said Onmst continued to bear down on the weather or port side of the said Mary Weaver, and struck her on that side near her stem, cutting her down to within one streak of her water line, carrying away one corner of her house, and her wheel and wheel-post and attachments, and the stern-post and davit, and rail and attachment, and injuring and carrying down her boat, and doing much other damage to said schooner Mary Weaver. �Third. That said collision and damage were caused solely by the fault of the person having charge of and navigating said schooner Onmst, in not keeping her on the course she was sailing when the vessels descried and neared each other, ����