Page:Federal Reporter, 1st Series, Volume 9.djvu/231

 216 FBDBBAL EEPORTER. �the port bow; that the captain, not being able to see the light, at once ran forward with bis night-glass, on the top-gallant forecastle, and there with his glass saw a small, dim light about four pointa on the port bow, but at firat could not tell whether it waa a white or a green light, but in a moment he saw that it was a faint green light, close in, and drawing nearer, and apparently erosaing the courae of the bark but a short distance off ; that he saw that a collision was inevitable if the two vesaels kept their courses, and he at once ran aft to the man at the wheel and ordered him to put hia wheel to port, but before the order could be exeeuted so as to exert any per- ceptible influence on the heading of the bark by compass, the bark came in contact with some portion of the stem of the schooner, breaking the jib-boom and some of the head-gear of the bark. . The answer alleges that the bark's lights were properly set and brightly burning ; that she had a competent lookout ; that her course, from 4 o'clock to the time of the collision, was N. W. by N., and that she kept that course steadily till the collision; that the Bchooner's course waa changed more than two points before the col- lision, and as much as four or five points. It denies the faulta charged against the bark in the libel, and avers that the collision was caused by the faulta of the schooner in not keeping out of the way of the bark, and in not going under the stern of the bark or luffing up in the wind; that she had no proper lights, nor a proper and sufficient lookout ; that she did not see the bark sooner than she did, and did not keep out of her way as it waa her duty to do; that instead of doing 80 she kept away right under the bow of the bark, bringing herself about on a Une with the course of the bark, and that she did not show a torch-light over her quarter and stern. �The testimony from the schooner shows that the mate, who was at the wheel, first saw the bark. He describes what he saw as a small black speck over the starboard davit. He ealled the lookout to him. The lookout came aft by the wheel and he saw that it was a square- rigged vessel. They were alarmed at the situation, the vessel was so near, and the mate cried out, "Call the captain." The lookout ran down the companion-way, which opened aft on the quarter-deck near the wheel, to call the captain. The captain was awakened by the cry of the mate, and immediately rushed out of the cabin. He had his clothes all on exeept his hat. When he reached the door of the com- panion-way the mate pointed out the vessel. He saw that it was a square-rigged vesael, apparently heading for the schooner's bow. In his judgment it was from 200 to 400 feet away. He sprang to the ��� �