Page:Federal Reporter, 1st Series, Volume 10.djvu/570

558 FESEBAL BEPORTSB. �reason assigned being that the surf-boats were only of size sufficient for the wrecking men. The ship's engineer, Watson, who had banked his fires and looked bis engine-room, also inquired of Capt. Nelson whether, if anything happened from the storm during the night, he himself could be taken in the surf-boats, and received a like answer in the negative.* Thereupon Capt. McKay, Watson, and the first officer went ashore on the rocket apparatus of the life-saving station. �Capt. McKay testifies that he left his nautical instruments, books, charts, and the clothing of himself, the engineer and others on board. �Most of the foregoing facts are taken from the log-book of the San- dringham, and from the depositions of her officers given in this cause. �When the marter first went ashore, on the night of the fifth of No- vember, he telegraphed to the house of William Lamb & Co., at Nor- folk, asking for assistance, and requesting the firm to make the best arrangements practicable for saving the vessel and cargo. �Except at Norfolk no assistance was available short of Baltimore or the Delaware, and the weather, fog, and distances were such that efiScient aid with sufficiently powerful steam-tugs could net from these quarters have been procured by any possibility, within 24 hours. Indeed, it is not shown by the evidence that any adequately constituted, equipped, and furnished wrecking fleet existed at all south of New York, except that of the libellant. �I think it is absolutely shown that if the saving of this ship and cargo could only have been effected by a wrecking fleet of stout steam- ers, tugs, sehooners, and surf-boats, completely manned and equipped, that of the libellant was the only fleet available at the time for this enterprise, or existing at all on the south Atlantic sea-board. Ac- cordingly, the Messrs. Lamb & Go. at once engaged with the libel- lant for this salvage service. Capt. McKay says in his deposition: �" Having received a telegram from Lamb & Co. to the efEeet that the ar- rangement of salvage was left to arbitration, on meeting those captains (Capts. i^'elson and Orrin 13aker, of the wrecking fleet, at about 11 a. m. on the 6th) I mentioned that circumstanee to them, and told them to commence oper- ations at once on that understanding." �The testimony in the case proves that what the captain says about "arbitration" was not true. AU the witnesses of the libellant who testiued on the subject concur in stating that nothing was said about arbitration, and the claimant does not adduce a single witness to cor- �*Gapt. Nelson testifies that his answer was that he could not take the bag- gage, but would take the officers. ��� �