Page:Federal Reporter, 1st Series, Volume 9.djvu/132

. THE PANGU88BTT. 117 �moved again after he put it in the becket till the collision. For the reasons already given his testimony is not entitled to much weight. The proofs tending to show that she did luff are the testimony of the three witnesses from the Yankee Doodle, and the evidence as to the headings of the vessels at the moment of collision. Of the three men on the Yankee Doodle, one, the mate, was forward, and the others, the master and the wheelsman, were on the quarter-deck aft of the point where the Yankee Doodle was struck. They all testify to the shutting in of the green light, and to its reappearance and the hid- ing of the red light hefore the Pangussett struck. As to the mate on the bow, this might be the effect of the bow of the Yankee Doodle passing the bow of the Pangussett; but as to the master and wheels- man, this theory does not explain what they saw of the change of lights ; and, if their observation and recollection are correct, the Pan- gussett, after keeping off, must have changed again and thrown her tiller to starboard. There is also a considerable weight of evidence to show that the Yankee Doodle, at the time of the collision, was heading about east. Her wheelsman testifies to seeing the compass at east by south before they «ame together. Her fore-boom jibed before they struck. The angle of the collision was not fiar from a right angle. If the Yankee Doodle was heading anywhere near east at the time of the collision, the Pangussett must have luffed up after keeping off to bring her nearly head on, as she was when she «truok. This is still more evident, if, as some of the witnesses from the Pan- gussett, testify, the blow was angling aft or towards the stern of the Yankee Doodle. I think the preponderance of the evidence is that the Pangussett did luff just before the collision. �The questions of fact being thus disposed of, it remains to deter- mine which of the parties is responsible for the collision. The case falls clearly within the seventeenth rule of navigation, which provides that when two sail-vessels are crossing so as to involve risk of collision, if they have the wind on different sides the vessel with the wind on the port side shall keep out of the way of the vessel with the wind on the starboard side, except in the case in which the vessel with the wind on the port side is close-hauled and the other vessel free, in which case the latter vessel shall keep out of the way. These vessels had the wind on different sides. Their courses were crossing, 80 as to involve risk of collision. The Pangussett had the wind on her port side, and she was not close-hauled. She was bound to keep out of the way. Under the twenty-third rule the Yankee Doodle was equally bound to keep her course. I do not think that the luffing ��� �