Page:Federal Reporter, 1st Series, Volume 6.djvu/921

 THE SAMUEL H. OBAWFOBD. 909 �In addition, it is proved by these -witnesses that from the time the steamer was reported by the lookout of the schooner, and for some time prier to the collision, the mate of the schooner was standing upon the sohooner's forward house. The screens for the side lights of the schooner were placed on the forward corners of this house. The mate of the schooner, therefore, while these Tessels were approaehing each other, was standing between the two side lights, and ■where it was not possible for the absence of either of those lights to have escaped bis attention. It cannot be believed that a mate so standing w'ould have permitt'ed either of the side lights to remain even dim, not to say extinguished, ap- proaehing, as he was, a steamer, seen to be coming nearly bead on td bim, on a dalrk night, with the tbermometer 14 degrees below zero.' It seems certain that, if there had beeti any deficiency in the side lights of the schooner, feelf pres- ervation would iave fotced the mate, etsinding, as be wa.s, to observe and remedy it at once. There is, beside'ay airiother circumstance, not of '&■ ch&racter likely to- be fabricatedj wbich, if true, is conclusiVe'Wsbdw that at least one* of'the schooner's side lights was Ibuming brightly. It' is p!^6ved by three witnesses that, af ter the collision and bef ore' the steamer had co&e tb the assistance of the scb'Odnerj-While those on the schooner were i^aving a bright light to Cairthe attention of the steamer, and 'after a gnn'had been fired', ohe of the men sngge^ed'tothe master of the schooner th&t a red light was the sigtial ef distress, and it would be weli'to wave the red light; whereupon the red light was taken from the screen and waved towards the steamer to attract ber at- tention to the schooner's distress. These circumstances, coupled with the superiority in the number of those who give direct evidence as to the lights displayed by the schooner as the vessels approached each other, make a clear preponder- ance in the weight of testimony in favor of the schooner's assertion that she had proper lights displayed. �An effort bas been made to maintain that the side lights of the schooner, placed as they were on the corners of the forward house, were in a situation to be obstructed by the ��� �