Page:Federal Reporter, 1st Series, Volume 8.djvu/649

 THE FARKLET. 635 �steamer is Ml of inconsistencies, and in oiany particulars con- tradicted by the admitted facts. It is conceded on the part of the schooner that up to within a half hour before the collision she had been sailing S. by W. ^ W. That varied only one-quarter of a point from the course indicated on the chart until the place was reached -where a change should be made to S, J W. If at that place the vessel had been put on a S. by E. |- E. course it would have taken her over the ehoals at the south end of Sharp's island. Had she kept on S. by W. J W. until she could clear these shoals on a S. by E. J E. course, she would have been taken far to the westward of the Une the steamer would naturally be on in going up. In approaching the steamer, under such circumstances, she would see the red light of the steamer over her starboard bow and not the green, unless the steamer should be going N. by "V^. J- W., or nearly so ; a thing not at all likely, as her true course would be se as to make N. ^ B. As the collision, probably, occurred somewhat to the eastward of the course indicated on the chart, and which was drawn N. J E. from a point 4| miles west of Sharp's island light, and the steamer went off but little from the course she was originally on, it seems to me clear that if the schooner had been for half an hour on a S. by E. course, she could not have seen the green light of the steamer. Under such circumstances the green light of the schooner would have been, prob- ably, presented to the steamer, but the red of the steamer would have been presented to the schooner. It is also a noticeable fact that although it is said those on the schooner at first saw the green light of the steamer alone, and then the red, no one saw both the red and green together, although they must have been shown at some time if the steamer so materially changed her course, as is alleged, when near by. Under all the circumstances I do not think the schooner has excused herself from the fault of starboarding her wheel. The steamer, moving as she was slowly through the water, must have occupied considerable time in bringing herself from her course up the bay to one almost directly across. When she was going up she was heading lengthwise of the bay, and if the schooner had herself ported as soon as she saw the red light, it seems to me clear that a less variation from her course would have been necessary to get her by, than was afterwards required to ease the blow by falling off to star- board. �Another circumstance is equally significant : If the wind was N. W., as it probably was, and the schooner going S. by E. |- E., the wind was within two and a half points of being directly over her ��� �