Page:Federal Reporter, 1st Series, Volume 2.djvu/816

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

WOLF V. SCHOONEB BEETIE CALKIN3. 809 �and that he was thereby approaching her instead of keepîng away from her. �It is a circumstance of moment, in this case, that even after the green light of the Mason was seen on the Calkins the latter vessel's wheel was kept hard down. This had a ten- dency to bring the vessels nearer together, and why, when the Mason's green light was seen, the Calkins' helm was not star- boarded, so that she might bear away, is unexplained. It is true, undoubtedly, that the vessels were near together and that the time for action was very short, but no attempt appears to bave been made to arrest the movement which the Calkins was making under a helm which had changed her course. �Even when the master of the Calkins heard the bail of the Mason to starboard his wheel no change was made, and the only response he gave was a bail to the Mason to lufï and push up into the wind. And at last, instead of endeavor- ing to maintain a position, when, as to their lights, the two vessels would display only green to green, such a movement was persisted in as brought in view the red light of the Calkins, and even ultimately shut out the green light. �But it is said that the Calkins struck the Mason on the starboard side, abaft the main rigging from aft forward, and it is urged with much force, by the leamed counsel for re- spondent, in support both of the view that the Mason changed her course and that the maneuver of the Calkins was proper, that the collision could not have occurred if the libellant'» theory of the disaster is right. Masters of vessels called by respondent bave been asked, supposing the Mason was head- ing S. S. W., with the wind S. S. E. and the Calkins heading N. J W., and they should hear each other's horns about a mile apart, and the Calkins should hear the Mason's horn on her starboard bow, whether the CrJkins, with her booma aft to the rigging on the port side, could go to the lee- ward and westward of the Mason and make a circle so that she would strike the Mason abaft the main rigging on her starboard side from aft forward, and they bave answered that she could not, although one of the witnesses states it a» ����