The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-09-17

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three green lights and at another three
red ones. indicating proper lights on the
tugboat and on both the barkes she had
in tow. Captain Degen, of the tugboat,
testifios that the barges had their lights
set-see Int. So. ibid the barges have
their lights setS Ans. 'They did" The
petition alleges, that the said steam
tug and barges all had the lights re-
CURED by law. set as req red by law,
and brightly burning, and were proceed
ing through Vineyard Sound at the rate
of between three. and four miles per
hour, heading east northeast" Record,
p. g. In argument the proctor for the
petitioners, assuming that full reliance
must be placed on the witness who says
on the inaoouracy Of the schooner's
witnesses on this point. If in fact no
lights were shown on barge IS, their
inacouraoy Is no worse than that of the
captain of the tug, or than the state
ments of the petition. We perceive no
reason to suppose there was on either
side auy wilful and deliberate untruth-
fulness, and do not deem it important to
deterime which is the correct statement.
That those on the schooner did early see
lights of the tug boat and on one at least
of the barges, is beyond question, and
the navigation of the schooner WAS deter
mined by those lights no differently
whether there were three sets of lights
or two. There Is no suggestion f-om any
one that she would have been managed
any differently II there had been mo re
or less lights shown by the tugboat and
her tow. The schooner, in any case
was bound to hold her course, ana the
tugboat to keep clear.
The direction of the wind at the time
has an important bearing upon the ques-
ton of the movement of the schooner,
and In regard to this question there Ii
great conflict of testimony. But the
between northwest and north northwest,
and that the schooner pursuing the gem
eral course of west southwest through
the sound, and calling within six points
of the wind-not absolutely close hauled
-yeered somewhat with the wind, but
was kept as closely to her course as was
practicable. Her captain, who was in
charge of the deck, her first officer, and
the man at thewheel. all testify positive
~, that when the tugboat and her tow
were reported by the lookout, the order
to tho man at tina wheel was to keep
tho course; the man at the wheel Of the
schooner says he strictly obeyed that
order and kept his course as steadily as
possible. No other order could be ex-
pected from a seaman of the experience
Of Captain Clark under the oircumstan-
C6Ns 6l0 VIC IoOOIu QlSClOSoh uUbuluR
clfning US to discredit his statement, cor
roborated as 1t is by the mate and the
wheelsman. They all agree that no
change was made Of the sohooner's wheel
until the tugboat, which had got across
the sohooner's bow to the windward
suddenly turned back under port wheel
and run back to the leeward SO close
under the bow that she cleared only by
the space of from five to fifteen feet.
The 1ooEOnt tho oanta{p md tho noko.
Of the Winslow place the tug when first
seen about point on their port bow.
The man at the wheel says that when the
tug was reported he could not see her
lights because the sohooner's sails hid
them, but that STOPPING and looking
under the sails he saw them very little
on the port bow. Belmont. who was
steering barge 56 as closely in the wake
of the tugboat as he could, says the two
lights of the schooner were right ahead
when he first saw them. The witnesses
in behalf of the petitioners, on the other
hand, say that the schooner was on the
starboard bow to two points. 1t Is ap-
parent that these witnesses are not all
speaking of the same time.
After very full comparison of the whole
evidence. this court is convinced that the
wind was generally but little to the north
of northwest, varying slightly from
time tottme. no wsOmew hat towards the
north, and aow alittle westward; that the
schooner was sailing on west south
west course, swinging little as ths
wind veered, but substantially holding
her course, and that she was not more
than six points from the wind; that as
the vessels approached. they were very
nearly head on, as each saw both lights
of the other, though the preponderence
of evidence Is that the schooner was a
very little to the windward; that the
schooner held her course and that the
tugboat, having the right to 60 on either
side, there was SO much delay in making
the election, that when her helm was
star boarded to go to the windward, there
was very slight room for the Vancouver,
though If it had been steadily pursued,
it might possibly have been safely accom-
plishad. but when 1t had been partially
executed, the captain of the tugboat
dou bted his ability to clear the schooner
that way, sndeavored to go back and
pass on the other side, and In that on.
deavor left the tow to forge ahead di.ect-
ly in the path of the schooner, and bare
~ cleared the schooner with his tugboat
By 80 going under the sohooner's bow,
he made it impossible for her to avoid
both the tugboat and her tow.
The decree of the DISTRICT court is
affirmed, with interest. and with the
cost Of this court for the appellees.