Page:Federal Reporter, 1st Series, Volume 9.djvu/729

 714 FEDERAL REPORTER. �to be swinging to windward, and put my wheel starboard, in the hopes of swinging up side by side and avoiding the blow; but we came in collision immediately after the order was given to starboard, and struck the sohooner in the af ter-part of the fore rigging. As soon as, after the collision occurred, I could get up on deck, I stopped the engine. The schooner at the time of the collision, from all appearances, was heading south-west, westerly, and the propeller was heading between uorth, half west and nor'-nor'-west." �Aecording to the account given by the captain, who discovered the schooner's light about the same time as bis loookout, he saw the schooner's light in such a situation as to know that the two vessels were approaching each other in a nearly direct line. He knew that it was bis dutj to keep out of the way of the schooner, and yet, with- out anyorders to that efifect, he simply retires to the af ter-part of bis steamer, leaving the lookout in command on the deck under cir- eumstances which called for instant and continuons vigilance, and required the constant attention of an experienced and responsible ofGcer. His own speed was about seven miles per hour, and be knew the wind was such as gave the schooner nearly the same speed, and yet, after having answered the call which took him aft, the cap- tain gave his attention to a matter which had nothing to do with navigating bis ship, and which he bad previously forgotten; and during the time that he was unnecessarily staying aft to put the letter in the saf e, it is probable that the two vessels got into the dan- gerous position which produced the collision. Had the order been given at once, inasmucb as sbe had a right to choose on whieh side of the schooner she would pass, to change the course of the steamer so as to clearly indicate to those on the schooner that she wasintend- ing to give ber a wide berth, and had the master returned to his duty as ofBcer of the deck promptly after having visited the water-closet, it is probable that, with his experience and the duty devolving upon him at the time the red light and torcb were shown, he could then have changed the course of bis steamer so as to have avoided the collision. The amount of time which was lost may have been very inconsiderable, but it was precious time, and no conduct of bis afterwards, in the management of bis vessel, could retrieve that loss. When he was Bummoned by the call of the lookout to the command on the deck, it was too late to atone the negligence which had already occurred. So, too, the proof shows that the steamer could have been stopped in about her length by reversing her wheel, and it seems to me almost certain, in the light of the proof, that if the wheel had been reversed, ��� �