Page:Federal Reporter, 1st Series, Volume 4.djvu/746

 732 FEDEEIL EePOKTEB. �south coast of France, a little to the south-west of SE. Mar- tin. The place of the collision is stated in the libel to have been about 50 miles S. S. W. from Belle Isle. It is stated in the answer to have been at a point about 26 miles E. by S. from the light on the Isle d'Yen. The difference is uot very material; the place, according to the libellant, being about 12 miles in a south-easterly direction from that giveu by the claimant. Of the two positions I think that given by the claim- ant is probably more nearly correct, because the witnesses from the Adolph were aided in establishing the place of the collision by an observation of the light on the Isle d'Yen.at half past 9 o'clock in the evening, when it bore from thein E. by N., at a distance which they estimated at 17 miles, aud they claim to have been sailing north-west, at about five knots an hour, from half past 9 till the time of collision, the speed being fîxed by casting the log at 11 o'clock; and, if their observation of the bearing of the light and their estimate of its distance were correct, and they made that speed for the two hours, they were at or near the place indicated by them at the time of the collision. I think the evidence tends to show that they somewhat overestimated their speed during the two hours. The master of the Fernande, who alone of her crew was examined, could not testify to her position from any actual observation, his charts, and papers having gone down with his vessel. He judged of his position partly from information given by a fisherman wliom he spoke about noon on the 4th, but the winds during the day had been light and varying, at one time dying away altogether. It is evident . that his means of knowing his exact position, or of now stating it, are much less certain than those of the master of the Swedish bark. It is agreed that the night was clear on the water, though dark, the sea smooth, and the wind light or moderate. The Adolph was Under full saii, and the Fernande also was carrying ail sail except her foresail. She had a fore-try-sail and four jibs. The parties differ as to the direction of the wind. The libel puts it at E. N. E., the answer at N. B. by N. �The case made by the libel is that the Fernande was heading ����