Page:Federal Reporter, 1st Series, Volume 4.djvu/747

 BWEDISH BÀRK ADOLPH. 733 �S, E. to S.E. J B., close hauled on the tack, when she made the green light of the Adolph a little to the port bow of the Pernande, and distant apparently àbout a mile or à mile and a half; that the green light drew across the bow of the Fernande till it appeared on the starboard bow of the Fer- nande, when the Adolph aitered her course so asto showboth lights to the Fernande; that when both lights became visi- ble the twc» vessels were very near together; that the Fer- nande kept her course, and was struck by the Adolph on the starboard sideaboutamidships, a blow anglîng from starboard forward to port af t. The f aults charged against the Addlph are "not getting out of the way of the brig," "not having a proper lookout," and "porting her helm when and as she did." The case made by the answer is that the Adolph was heading on a course by compass N. W. ^The lookout reported a red light forward, a little on the lee (port) bow, and the officer of the deck, after seeing the light forward, a short distance off, and knowing that it must be a vessel approaching him, and that it was the duty of such vessel, having the wind free, to pass ta leeward of him, told the man at the wheel to port his helm, in order to crowd the bark as close to the wind as possible, and thus give the approaching vessel as much room as possi- ble to pass on his port hand ; but that the approaching vessel, instead of • porting, starboarded, and luffed up into the wind right across the course of the bark, whereby the bark came in contact with the starboard side of the other vessel, striking her amidships ; that the collision was caused solely by the fault of Fernande, in that, having the wind free, and the Adolph being on her starboard tack, about close-hauled, the Fer- nande, did not keep out of the way of the barkj in that, meeting the bark end on, she did not port and permit each ves- Bel to pass port hand to port hand, as she easily could have done ; in that she starboarded and luffed up into the wind directly across the course of the bark and under her bows; and in that she was improperly and insufficiently manned, taekled, and apparelled, and had no competent man at the wheel, and no competent lookout. ����