Page:Federal Reporter, 1st Series, Volume 5.djvu/108

 96 FEDEBAIi EEPOBTES. �weight to the statements aubsequently obtained while the rescued men were on board the steam-ship. Conceding the propriety of interrogating them as was done, their situation, and their imperfect understanding of the language in which they were interrogated and made answer, and the fact that the answers were not taken literally in the terms they employed, — would render it unsafe to rely on the information thus ob- tained, as a means of contradicting or qualifying what they afterwards said on oath. In my judgment, however, no materia] disagreement exists between the statements referred to and the testimony of the witnesses sobsequently obtained. A decree must be entered in favor of the libellant. �The court propounded certain questions to nautical experts called as assessors, which, with the answers thereto, were as f oUows : �Captains Gallagher and Hewitt will please fumish me th« answers to the foUowing questions : �First. Supposing the bark Luna to have been running free, with the wind — a stiff breeze — on her starboard quarter and a heavy swell in the sea, would the rudder keep her steadily on a direct line or course ? If not, how much would the yaw- ing be likely to carry her off, with proper attention to the wheel? Answer. A bark running free, with a stiff breeze on the starboard quarter and a heavy swell, allowing that she ia a fair-steering vassal, would yaw each side of her course from one-half to one point, with a constant tendency to eat up into the wind, except where she takes what is termed a wipe-off or sheer to laeward, wMch only happens occasionally, therefore her course would be a erooked one, and the resuit, that she would probably make from a quarter to a half point to wind- ward of that steered by compass. �Second. What effect, in this respect, would the wind and swell have on the steam-ship's course, running in the oppo- site direction, at 11 miles an hour, with sails set (so as to have the benefit of the wind) and having a heel of 12 degrees to starboard? Answer. The propalling power of the steamer, not being dependent upon sails, the course made should be ����