Page:Federal Reporter, 1st Series, Volume 9.djvu/126

 THE PANGUSSETT.' 111 �when she made the light af the Yankee Doodle. On the deck of the Pangussett were three men — the mate, who was at the wheel, and two seamen, who appear both to havo acted as lookouts, one of them being on the forecastle deck, the othei- on the forward part of the deck-load of wood. On the deck of the Yankee Doodle there were also three men — the master, on the quarter-deck; the mate, who was forward on the lookont ; and a seaman, at the wheel. The lookout on the Yankee Doodle reported a light on the lee (port) bow. It was seen at once by the master. It was so distant that at tirst its color was not diseerned, but immediately af ter it was seen to be a green light. The master and the mate (lookout) both testify that it was about half a point on the port bow. The Yankee Doodle was then nearly as close to the wind as she would lie with her sails full. The master immediately gave an order to the wheelsman to luff one point, and the wheel was ported so that she headed S. W. by W., and she was steadied at that point. The effect was that her sails shook, and her headway was considerably checked. The wheelsman also testifies to seeing the green light under the main-boom af ter she was headiag S. W. by W. The green light drew across the bow and kept oii till it appeared on the starboard bow. The master aud' mate both testify to this, and make it bear half a point on the starboard bow. By this time the vessel bearing the light had approached very near them. Her sails could be distinctly seen, even before she crossed the Yankee Doodle's bow. Up to this time, according to the testimoriy'of those on the Yankee Doodle, the latter vessel was kept steadily on her course of S. W. by W. Her master then gave an order to the man at the wheel to keep hard off. The wheel was thrown hard a-starboard. The objeot of this movement was, as the master of the Yankee Doodle avows, to give the other vessel more room to pass on his starboard side. The master testifies that when he lufifed a point af ter first sighting the light he expected the other vessel to keep off, show him her red light, and pass on hiS port side ; but wlien she kept ofi across bis bow, still showing her green light, and was half a point on his starboard bow, he starboarded to give her more room to pass that way. From an observation made to his wheelsman ur mate, at the time of giving the order, it would seem that be suspeeted that the other vessel had not yet seen the Yankee Doodle. He testifies that when he kept off he did not expect a collision. It is not claimed in the pleadings, nor is it shown by the teotimony, that this mdvemeiit was made in extremis to ea6e the blow, or as a despera'te movement to avoid an almoat inevitable collision. The testimohy on the part of ��� �