Page:Federal Reporter, 1st Series, Volume 9.djvu/127

 132 FEDERAL REPORTBB. �the Yankee Doodle tends to show that soon after the Yankee Dpodie had kept o£f, and when her course was changed to the southward four or five points, so that the light of the Pangussett bore about abeam, the green light of the Pangussett up to that time remaining in sight, her red light also appeared, showing that the Pangussett had also kept off, and had changed her course sufficiently to be heading directly for the Yankee Doodle; that thereupou the main-sheet was let go to make her head off more rapidly, and she was still swinging to the southward, and had got headed round to about east, when the Pan- gussett came into collision with her on the starhoard side, near the main rigging, striking nearly at right angles with the course the Yan- kee Doodle was then ou. The Pa,ngussett had her bowsprit broken off near the knight-heads, and was otherwise injured about the bow. She claims about $800 damages. The Yankee Doodle lost her main- mast, and was badly stove in the starboard side. She claims about $2,500 damages. The libel of the Yankee Doodle charges, and the testimony of those on board of her tends to show, that after the two lights of the Pangussett showed nearly abeam she hid her green light and continued to show her red light as she came on, but that just before she struck both lights came in sight again, and then the red light disappeared and the green only remained in view up to the time of the collision; showing, as they insist, that after keeping off the Pangussett changed again and luffed up, probably in order to go under the stern of the Yankee Doodle, and that she was on this luff when she struck. �The case made by the Pangussett is irreconcilable with that made by the Yankee Doodle. A light was seen and reported on the Pan- gussett, apparently a mile or more away. It was a red light, and so far it confirms the testimony of those on the Yankee Doodle that they saw the light of the Pangussett over their port bow. But the two look- outs on the Pangussett testify that they saw the red light on their port bow about half a point. The mate of the Pangussett could see nothing forward from his position at the wheel, but he swears that at the time it was reported he was standing up on the tiller and saw the red light. He says it was ahead, and, if anything, a little on the port bow; that he then changed his course to N. E., porting a point and a half, and steadied at that ; that he then stood up again and looked at the light, and it bore a point and a half on the port bow. The men forward also testified that the light broadened on the port bow, but their testimony does not show that they paid much attention to it again till they saw both lights, when one of them ran aft and reported ��� �