Page:Federal Reporter, 1st Series, Volume 6.djvu/936

 924 FEDEBAIi EEPOBTEB. �for an answer, and, getting none, blew two more blasts, which ■were answered with two, and about that time the steamer's green light was shut in, and the steamer seemed about to run over them. He estimates that 'when the second signal was given the steamer was within two or three of her lengths from the fcug. �The master of the tug, who was also in the pilot-house, tells substantially the same story, It is apparent, therefore, that those in charge of the tug, notwithstanding she received no answer to her first signal, persisted in going to the west- ward, and attempting to pass on the steamer's starboard'side, until the steamer, continuing to show her red light and obviously also going to starboard, was so close that a collision with either the tug or her tow was almost certain. Whether the two blasts of her whistle, then given by the tug, were answered by the two blasts, as they claim, or with one, as those on the steamer testify, does not seem to me to be, in itself, a matter of serions importance, for neither vessel then had it in her power to perform any maneuver which would, except by some lueky chance, have averted the disaster. It is clear that the tug was in fault. I have had diffieulty in satisfying myself as to whether or not the steamer was also to blame. No one, 1 think, could take up the consideration of the steamer's case without a leaning against her, and a predis- position to find her in fault. Her offieers, although accus- tomed to the command of sailing vessels, were almost without experience in steamer navigation, and it was their first voy- age in this steamer. They were not familiar with the chan- nel, and they were running out in the night-time, — a very bold thing for them to undertake unassisted, and which rea- sonable prudence would seem to have forbidden. But be- cauae her offieers were likely to fail in seamanship, I am not to take it for granted that they did, unless the evidence con- victs them of it. �The steamer was, at the time of the collision, on that side of the channel on which she had a right to be; ail her offieers were at their posts of duty; they ail testify that they heard the first signal of the tug, and that it was but one blast of the ��� �