Page:Federal Reporter, 1st Series, Volume 9.djvu/130

 THE PANGUS8ETT. 115 �been all the time on their starboard bow, it only indicated, or should have indicated, to them that they were crossing the course of the ves- sel bearing the red light. And crediting, as I do, the testimony on the part of the Yankee Doodle that she kept steadily on her course, N. W. by W., till the Pangussett's green light showed on her star- board aide, I must find that this is all that it did indicate, and that the appearance of the two lights was not caused by the Yankee Doo- dle changing her course and keeping off. �This crossing of the bows of the Yankee Doodle by the Pangussett, indicated to the Pangussett by the seeing of the two ligbts and to the Yankee Doodle by the showing of the green light on the starboard bow of the Yankee Doodle, was the occasion of a change pf course on the part of both vessels. That both vessels, at or very soon af ter this happened, kept off, — the Pangussett on a hard a-port wheel, and the Yankee Doodle on a hard a-starboard wheel, — does not admit of any doubt, The Pangussett claims to have made this maneuver as the only means of avoiding the collision, because the seeing of the two lights led her mate to believe that the Yankee Doodle, being on her port bow, was keeping off across her bow. If this was the real motive of the movement of the Pangussett, it was based upon a mis- take as to the movement and course of the Yankee Doodle, which mistake the mate of the Pangussett was led into by his misjudgment as to the bearing of the Yankee Doodle, and his failure to keep the light reported in view, as he should have done. The motive on the part of the Yankee Doodle is conceded by her master to have been simply to aid the Pangussett in her supposed intention to pass on the starboard hand. �It is not entirely clear upon the evidence which vessel kept off first, but I think the preponderance of the evidence is that the Yankee Doodle did so. The mate of the Pangussett testifies that, on bearing the report that the other vessel was keeping off and running down on them, be instantly hove his tiller hard a-port and put it in the becket, and then jumped up on the taffrail and for an instant saw both lights, and then the red light disappeared and the green alone showed. There is no doubt that the alarm was caused by the lookout discov- ering the two lights, and it seems bardly possible, if this statement of the mate is true, that the green light of the Pangussett should have showed half a point on the starboard bow of the Yankee Doodle while the Yankee Doodle still kept her course, or that if the Pangussett thus instantly ported on the showing of the two lights her own green light should have continued visible to those on the Yankee Doodle ��� �