Page:Federal Reporter, 1st Series, Volume 4.djvu/748

 781 FEDERAL REPORTER. �The onl3' witness called by the libellant who was on board the Fernande was the master, whose testimony tends to estab- lish the case stated in the libel. On the part of the claimant there have been called the master of the bark, who was in his berth below till just before the collision, but who ran up on deck just as the vessels struck; the mate, who was the officer of the deck at the time of the collision ; the lookout and the man at the wheel ; and two other seamen who were id the mate's watch and stationed amidships. The lookout was the first to see the light of the Fernande. His testimony is that he first saw a red light forward a little to leeward; that he was standing on the port side of the top-gallant forecastle ; that he saw the fuU blaze of it at once; that it came flashing np at once; that he thought it was seven or eight ships- lengths off when he first saw it ; that it bore half a point or a point on the port bow; that he went abaft the top-gallant fore- castle and hailed the mate, singing out, "A red light a little to leeward," to which he got response from the mate, "AU right;" that he returned tohis station and looked at the light fcom the starboard side of bowsprit, very near the bowsprit; that he then saw the red light right ahead, right in the line of the jib-boom ; that he thought it was five, six, or seven ships' lengfchs off ; that he could see the vessel then ; that he could not tell how it was heading, but could see sails and for- ward part of a vessel ; that on seeing the red light in this position he hailed again, "Eed light ahead;" that he stood and looked at the vessel and saw her corne right up and show her broadside; that she lay broadside athwartships of the bark and very close ; that he thought then there would be a collision, and sung out, "Keep her off," meaning this as a bail to his own mate to keep the bark off; that he ran down from the top-gallant forecastle because he was afraid to stay there, and instantly the collision took place. �The mate testified that he waa on the poop-deck and heard the first bail of the lookout, "Eed light ahead, a little on port bow ; " that he ran to the side of the vessel to windward, and looked under the foot of the sail, and saw the red light a little ����