Page:Federal Reporter, 1st Series, Volume 4.djvu/751

 8WEDISH BAEK ADOLPH. TB7 �that the angle made by the two vessels at the ooUision -was not less than 52 deg. or 4J points, as made by the master of the Fer- nande, and that at the time of the collision he was heading S. E. to S. E. ^ E., as he testifies, and that the wind wasE. N. E., then, at the time of the collision, the Adoiph must have been heading N. to N. ^ E., or within 5J to 6 points of the wind. The testimony of those on the Adoiph is that she will not lie doser to the wind than 6 to 6J points. �If any weight is given to the testimony tending to show that the angle between the -vessels was greater than 4^ points at the time of collision, it becomes obviously impossible for the Adolph's sails to have continued fuU iipon the Ubellant's theory of the case. This test, though not absolutely certain, favors the theory of the claimant. On the other hand, if the Adoiph was heading N. W. J N. at the time of the collision, and the wind was, as those on the Adoiph swear.N, E. by N., and the angle between the vessels was at least 4^ points, then the Fernande was heading up at least to B. J N. This calcu- lation wonld bring her within 4| points of the wind. The tes- timony of the master of the Fernande is that she could sail with a light breeze within 5J points of the wind. If, how- ever, the angle of the vessels was considerably more than 4J points, as the evidence on the whole tends to show, then, upon the claimant' s theory of the case, the Fernande must certainly bave already luffed up into the wind at the time of the collis- ion. If the evidence were satisfactory that the Fernande 's sails were full at the instant of collision, this test would be most unfavorable to the theory of the claimant. But the f act of the Fernande's sails beingfuU seems to rest mainly on the unsupported testimony of the master that she did not change her course and was kept by the wind with full sails till the collision, and the testimony of the master of the Adoiph that after getting on deck, but at what precise moment with refer- ence to the time of the collision he could not tell, the Fer- nande's main boom swung to starboard. As to this last cir- cumstance, if she was in the wind the direction of the blow would tend to swing the boom over towards the Adoiph or to starboard. �v.4,no.8— 47 ����