Page:Federal Reporter, 1st Series, Volume 4.djvu/754

 740 FEDERAL REPORTER. �tlie starboard bow. The master of the Fernande festified that he first saw, and for some time continued to see, a green light over his port bow. This is consistent only with the lookout's seeing the red light over his starboard bow. The lookout and the mate are the only witnesses who testify to the position of the red light when first seen, from their own observation. The lookout stood on the port side of the bow- sprit when he observed it. That he reported it a little to lee- ward is certain, not only from the testimony of himself and the mate, but from that of the other three men on deek at the time. Half a point is a very small angle, and, with a light within half a point of the stern either way, some eare in observation is necessary to judge of its exact bearing. Although the lookout had a good point of observation, it does not appear that he ranged it with his eye in the Une of the bowsprit. The f act that when he came back to his post on the other side of the bowsprit, after stepping back and reporting it, it seemed to him to be right ahead, and he so reported it, taken in connection with the fact, estab- lished by a great weight of testimony, that in the mean- time the vessel had ported three quarters of a point, seems to me to tend strongly to show that he mistook its bearing the first time. Moreover, if credit can be given to the courses testified to by the witnesses on the two vessels, S. E. to S. E. ^ E. for the Fernande, and N. W. for the Adolphe the green light of the Adolph could not have been seen over the port bow of the Fernande, if the Fernande was as mueh as half a point to leeward of the Adolph. If the Fernande was to leeward, where the lookout thought he saw her, and the courses are right, the Adolph must have shown her red light, and the Fernande her red light, and perhaps both lights, to the Adolph. The mate went to the starboard sail to see the red light, when first reported. He had heard the lookout's report of a red light ahead a little to leeward. He saw it, and returned to the binnacle, and gave his order to the wheels- man. His observation of it was momentary. His impres- sion, as he now recalls it, is that the lookout was right ; that ����