Page:Federal Reporter, 1st Series, Volume 5.djvu/107

 JEMSEN V. SI£AM-SHi.P BELaENLAND. 95 �Buch as to show the eteamer's green light to the bark's red. Whether this was so before the course of the bark was affected by the first contact, (for it is quite possible she was thus turned to some extent when reached, before the shock was perceptible,) caunot, be known. The position of the lights, and her apparent slight change when approaching — described by the witnesses-^may possibly be accounted for by the impracticability of keeping the vessels (especially the bark) steadily on a direct course, under existing, oircumstances, of wind and sea,. The latter vessel would necessarly yaw more or less; and it is possible, if not probable, that the steam- ship did not hold her course constautly with entire steadi- nes-, Both would incline to windward, and it is not impos- sible, nor very improbable, that in moving on the same general course they would frequently Lead as they are de- scribed to have done at the moment of collision. Very little variation from a direct course would be necessary to bring the lights into the position stated. It does not follow, how- ever, from the testimony, that the general courses of the ves- sels were either parallel or the same. They may have been slightly intersecting ; the evidence is not entirely inconsistent with the idea that they were. The indications of the com- pass cannot be relied upon with certainty, where the ques- tion is so delicate. This is fuUy shown and explained by the answers of the assessors. But whether these suggestions, respecting the movements of the vessels, are well founded or not, the iaferences on which the allegation, that the bark's course was changed as she came up, rests, are too uncertain to be accepted, especially against the direct and positive tes- timony to the contrary, before referred to. �It is proper to say, in this connection, that I would place very little reliance on the statements of the mate and other members of the bark's crew, made at the time of their rescue, if they differed from the testimony of these witnesses subse- quently taken. Their minds were too much disturbed to admit of careful statement, and those who heard them were hardly in condition for accurate understanding or recollection of what was said. Nor would I deem it safe to attach much ����