Page:Federal Reporter, 1st Series, Volume 4.djvu/254

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240 FEDEBAL BEFOBTEB. �saw either of the lights of the schooner, nor the torch wliicli she exhibited, and that it was not until in the effort to avoid this other sailing vessel, which was to the eastward of the schooner Tryon, and whose red light the steamer did see, that the steamer brought her head so muoh over to the westward that she crossed the schooner's bow and then for the first time saw her lights, and supposed that the other vessel had changed her course and that the lights were on her. This theory was not without some support from the facts and probabilities of the case, and tended to reconcile many of the conflicts in the testimony of the opposing witnesses. �After, however, much of the testimony on both aides had been taken, that other sailing vessel was discovered, and she tumed eut to be an oyster pungy, ealled the Patterson & Bash. And the testimony of her master and mate was then offered by the libellants. Their testimony is that of persons who actually saw the collision, and who had a fair opportunity of observing much that led to it ; persons, too, who bave no interest in this controversy, and who are strangers to the par- ties interested in it. It is testimony, therefore, I think, which in a case of such conflict is entitled to weight, so far as it is intelligently given, and so far tends to prove facts which may hâve been within the knowledge of the witnesses. �The master of the Patterson & Bash states that he was coming up the bay to Baltimore with a load of oysters, and that, as his was a small boat, he got nearly astem of the schooner Tryon, and kept her ail the time about a half a point to the westward on his port bow, as a guide to steer his boat by, and as a protection to him from approaching steamers; that he saw the steamer's lighia— first, her mast-head light, and afterwards her side lights also, and that the steamer bore as did the schooner, about half a point on his port bow ; that at the distance of about a mile the steamer shut in her green light and showed only her red light, indicating that she had gone to westward ; that he maintained his position with regard to the schooner, keeping her about 200 yards distant and about half a point over his port bow, until the Bchooner get to be some 200 or 300 yards from the steamer. ����