Page:Federal Reporter, 1st Series, Volume 3.djvu/261

 S'Sjt F£D£BAL BEFOBTEB. �in rapid succession, and were oheyed. About a minute elapsed between the first sight of the dim light and the col- lision. Just before the collision, and after the captain had given the order to port the wheel, the wheelsman, who had seen the colorless light, saw a light again, and thought and told the captain that it was a green light. �A question in dispute between the parties is as to the course of the schooner. I am of opinion, in opposition to the testimony of her officers, that she was not upon a north- east course. The steamer's course was west by south, one- quarter south. The schooner's lights were properly set and were burning, and yet they were not visible to the steamer. In addition, the preponderance of the testimony is that the bluff of the schooner's starboard bow struck the steamer on her port bow. This is the way in which the collision is rep- resented on the diagrams attached to the testimony of the schooner's officers before the United States inspectors, upon their investigation of the cause of the collision. It is true that these deponents testify, in substance, that they did- not see these diagrams, and that they were not attached to the depositions at the time of deponents' signature, and that the only diagram which they saw was a large diagram or chart upon the table. Admitting that to be true, these deponents must have testified, by reference to the large chart, in regard to the respective positions of the vessels at the time of the collision, which testimony the inspectors endeavored to repro- duce accurately upon the small paper diagrams attached to the depositions. If the collision occurred in this manner, and the schooner was on a north-east course, the course of the steamer at the time of the collision must bave been north or nearly so; and so the steamer's officers testified before the inspectors. The captain testified that the steamer's course must have been north-east to north north-east, as the schoon- er's course was north-east. The mate said the steamer was heading about north at the time of the collision. The look- out said, "If our schooner was on a north-east course,the course of the steamer could not have been to the westward of north when we came togother." It can hardly be possible that the ����