Page:Federal Reporter, 1st Series, Volume 8.djvu/188

 i 74 fBDEBAIi ■ BEPOSTBB^ �fact that'tlie bark was bound to the -westward, close upon the wind. These facts oonclusively show that the green light of the bark was visible to the steamer as she was approaohing, and the inf erence is irresistible, therefore, that the cause of the collision was the failure to keep a proper lookout on board the steamer. �This conclusion, compelled as it is by the conceded facts already mentioned, is greatly confirmed by the evidence given by the officers an,d crew of the. steamer as to what occurred on board their vessel. Two men, as it appears, were stationed forward on the steamler to look ont. They stood at the stem, the stay being between them. One was oharged with the duty of looking out pn the starboard side; the other took care of the port, side. The bark was on the steamer's port side. The man whose duty; it was to look out in that direction, 60 .far a>s appears, never reported or saw the bark's light. He is not ealed as a witness, nor any satisfactory excuse given for his absence. The other lookout left his post forward at 30 minutes past 12, and went laft as far as the bridge to report to the officer on the bridge that the lights of the steamer were burning^brightly. The collision, ,acoording to the answer, occurred at 32 minutes past 12. Dnring ■some part of the two minutes^ immodia.tely preceding the collision, therefore, the steamer was sailing substantiaily with out a lookout. ,The starboard lookout says that he had returned to his post before •the bark's light was seeti, but he confesses that he did not see the ligM until after the whistle was blown, and ths whistle was not blown until after the light was seen by the second ofiicer on the bridge, and the^steamer's wheel had been ordered hard a-port. ihis testimony suflBciently, I think, aecounts for the fact that the bark approached fle near the steamer without being seen by the lookouts. �There is also testimony which niay be considered ag acoounting for the faiiure of the second ofBcer on the bridge to Bee the bark sooner than he did, for it appears that the captain had left orders to be icalled if the weather changed. . After half-past 12, the second officer eoheluded that it was proper to idform the master, and he called the fouirth officer to the bridge. .The fourth officer iCame upon the bridge, -and wus directedib^ the second officer to inform the master that the weather had changed. The fourth officer replied, "It is nice and ■elear; you ean see the; horizon still." The second officer looked and saw the horizon too, and at the same rapipent, as he says, "I saw the fla^h :of the light." The occupation of the officer in charge of the deck in scaniiing the heavens, and discuasing svith the fourth ��� �