Page:Federal Reporter, 1st Series, Volume 3.djvu/544

 MILSTEB V. HUMPHBETB. 537 �scllooner back on her course ; thàt he saw the people stand- ing about in the ship-yard, and a fiag on the huU, and some people aboard of her, but nothing to indicate that the launch was to take place immediately ; that it was not over half a minute from the time he saw her until the huU started oiï the ways. �The other passenger, Henry Messig, a colored man, testi- fied that he was also standing forward, and had been looking at the huU in the ship-yard for some minutes before the collision, but called no one's attention to it ; that he did not see anything to indicate that the launch was to take place at that time until the sohooner was in stays and the launch had started ; that he was somewhat f amiliar with launches, hav- ing been several times present at them. �Captain Malone, who had the helm, testified that he had not heard that there was to be a launch, and knew nothing of it until he was in the aot of going about, when the mate spoke to him and said he thought there was to be a launch, but not Bpeaking as if it was to be immediately, or as a warning. �The mate testified that he did not notice anything going on in the ship-yard until the captain had put the helm down to go about, and he crossed over to the port quarter, and that he then noticed it and mentioned it to the captain, but that he did not think, and had no reason to think, the launch was to be immediately ; that ail he saw was a flag on the hull, and the people collected there, and about the same time he heard three whistles, but did not know what they indieated ; that when he first observed the hull it was too late to have put the schooner back on her course. �There were other eorroborating witnesses, but it is not neces- sary to notice their testimony, or to mention more in detail the facts testified to by the persons on the deck of the schooner, as the testimony of Mr. Malster himself, and the other wit- nesses for the respondents, give substantially the same aceount of the collision, and give more accurately the intervals of of time between the e vents occurring just before the collision. ����