Page:Federal Reporter, 1st Series, Volume 4.djvu/106

 Ô2 FEDKBAL BEPORTBB. �was' on her port tack, on a course from -n'hieli no danger conld arise, and that she held this course up to the time he left the lookout to run aft; that after going only 30 or 40 feet, ' and before reaching the boom tackle, he turned and looked forward, and found that in this short space of time the sloop had corne about on the other tack so that her green light was visible. �Some testimony bas been offered, from parties quite com- petent togive an opinion, that it was possible for this sloop, under the circum stances, to have completed her tack in this short time; but this is denied by other witnesses equally qualified, and the doubt which was entertained and expressed at the hearing upon this point bas not been entirely removed from the mind of the court. The mate (page 73) says : "The sloop was ahead of us; when we first saw her she was stand- ing W. by N., as he judged, from one-eighth to one-six- teenth mile distant, schooner heading N. E. by N. I then saw both lights of the sloop. Schooner's coui'se was changed to E. N. B., when we shut in the sloop's green light." This statement, in the opinion of the court, is incredible, as it is admitted the sloop's lights were in conforniity to act of congress. The sloop being ahead, one-eighth, to one-six- teenth of a mile distant, the starboard or green light of the sloop would not be visible on board the schooner, as ail ail of the forward part of the sloop, with the in-board screen, would intervene between the green light and the schooner. The answer doea not sustain this statement of the mate, as the allegation there found is "that the mate diseovered the red light of the vessel crossing the schooner's bows." No suggestion is made that both lights of the sloop were ever Been at the same time from the schooner. �There were two men on the deck of the Hope, their watch beginning at 8 o'clock. One of them kept the wheel from 8 to 9, the other being on the lookout. At 9 they changed posi- tions. The man at the wheel testifies that he tacked a few minutes after 9. Before that they were on the port tack, and afterwards continued on the starboard tack until the time of collision ; that he saw the time by the clock, which was along- ����