Page:Federal Reporter, 1st Series, Volume 5.djvu/106

 9e FEDERAL REPORTER. �her course. AU the surviving crew who can speak on the Bubject say she did hold it. The testimony of the man at the •wheel cannot be had. He was drowned. The mate on duty Baya he gave the order "to keep her steady and be careful;" that he directed no change, and that none was made, until immediately before the accident, -when collision was immi- nent. It is argued, however, from the testimony of the mate and the lookout, that the vessels were moving on parallel courses, and that, had the bark not changed her direction, the collision would not have occurred. These witnesses say the steam-ship, when first observed, seemed to be "right ahead, but a little on the bark's starboard bow." The language of the mate is, she was "right ahead, but a little bit on the star- board aide." The lookout says she appeared to be "right ahead," but a little on the starboard side of the jib-boom. He reported her at the time to be "right ahead," as the mate and Edwardson, who carried the report, state. He further says that, as they approached, she seemed "to draw a little more on the lee bow," and came up in that position — her star- board light, a moment before the collision, showing to tho bark's port-light. �Prom this testimony the respondent's counsel argue that the bark improperly changed her course, southward, and ran across the steamship's bow. This argument is legitimate and forcible, and was pressed with great ability. In the absence of the direct and positive testimony before referred to — that the bark did not change — it would be entitled to considerable weight. Even if it stood alone, however, it would not be a safe guide. Precisely how the vessels ap- proached cannot be now known. To ail who saw them, prior to the moment preceding collision, (Tonneson, the bark's lookout, Simonson, her first mate, Edwardson, a member of her crew, and Lutz, a passenger on the steam-ship,) thoy appeared to be moving virtually on the same course, and com- ing up nearly, if not quite, "head on." Lutz says, when they came together "her bow met our bow," and he repeata this expression. At the moment of the catastrophe, however, it seems to be clear that the headings of the vessels were ����