Page:Federal Reporter, 1st Series, Volume 9.djvu/230

 TSB MAHOB. 215 �■waB bound freim Virginia to .Noank^ Gonnecticut, with a cargo of ■white-oak tiraber. The wind was soutb-west, and shewas mailing, just before the collision, wing and wing, on a N. E. or a N. E. J E, «ourse, ber fore-boom being ,off to starboard and her main-boom and two jibs to port. She had a crew of five men, all told, one of whom — the captain's son-r-was lost overboard at the time of the collision. It was the mate's wateh on deck. The mate was at the wheel, and the lookout was stationed on the f orward part of the quarter deck, on the port side of the bouse. The captain and the two other men were below, till the alarm just preceding the collision. She was a center-board Bohooner, of 144 tons and about 90 feet long, and wjks deeply laden, and making about 6 knots an bour. The bark was on a voyage from Orebick, Austria, to New York, in ballast. She had a crew of 17 men,,all told. It was the master's watch on deck, and there were 8 men>. including himself, in bis watioh. She was making a spieed of about 10 knots. She bad all sail >aet esoept studding sails. The night was dark, but withoutiany fog or mist; Tbere was a heavy sea running from a south-easterly direction, �The libel alleges that about 20 minutes past 5 o'clock those on board the schooner discovered what appeared to be the loom of a vessel about two or tbree points abaft the beam on the starboard side, and immediately after a bark, wbich was subsequehtiy found to be the bark Nahor, came into sigbt about two or three points abaft the beam over the starboard quarter of tho schooner, very close to isaid schooner, and heading about for the schooner's bow, and going at a great rate of speed, exoeeding nine knots per bour; that said bark was going free, with all sails set, and with' the wind on her port side; that when said bark became Tisible from the schooner it was too late for those on the schooner to do anything to avoid the collis- ion, and the said bark struck the schooner on the stern, about three feet to the port side of the sterii post, eutting into lier so that she sank in about fivehours; that when said bajrk was dose upon said schooner and the impending ebllision inevitable, and in the effort to diminish the force thereof, the wheel of the said schooner was thrown to starboard, but the course of the fichooner was not thereby altered more than two points; that dp to the moment when the collision was inevitable, as aforesaid, the said schooner was kept steadily upon her course. The libel charges that the bark had no ligbts, and no competent lookout; that she did not luff in timeto avoid the collis- ion, and did not keep out oi th© w*y of the schooner. ,. The gnawcr alleges that about 5:30 the:lookout repoirted a light on ��� �