Page:Federal Reporter, 1st Series, Volume 4.djvu/752

 7S8 FEPEBAIi BEFOBZEB. �The rest of the crew of the Adolph give no testimony as to whether or not the Fernaude's sails were full at the time of the collision. It ia not a matter of surprise that they should not have observed how this was, in the hurry and confusion of the approaching collision. Nor do the known destinations of the two vessels afford any important aid in testing the truth of their respective allegations as to their courses and the direction of the wind. It is not shown that a N. W. course was not the proper course of the Adolph at that part of her voyage to New York, and S. E. to S. E. J E. is so nearly the true course of the Fernande for the Ile de Ee from the place of collision, that the argument that she would have headed further to the eastward if she could has little or no force. It appears that about two hours after the collision the Adolph again got under way and steered for Belle Isle, which lay nearly north from the place of collision. This could not, of course, have been done if the wind had remained N. E. by N.; but it aïso appears by the testimony, and also by the log of the Adolph, that the wind, soon after the collision, hauled more to the eastward. �The case must, therefore, be determined on the conflicting evidence of the witnesses from the two vessels with little ex- trinsic aid. If the story told by those on the Adolph reasona- bly accounted for the collision, I should have no hesitation in holding that she had a very great preponderance of the evi- dence, both as to the direction of the wind and as to the luffing of the Fernande across the course of the Adolph after the Adolph had ported, andwhile she was heading N. W. | N. But unfortunately their story does not account for the collis- ion. If they made the Fernande's red light half a point ou their lee or port bow, and then ported three-quarters of a point and steadied at that, it is impossible to understand how the Fernande's red light could draw across to windward, remaining in view ail the time, so as to show directly ahead. The situation supposes that the Fernande, when first ob- served, was half a point to leeward, showing her red light, therefoi'e heading not to pass the bow, but to pass astern of the Adolph. She continues thus to point astern of the Adolph, ����