Page:Federal Reporter, 1st Series, Volume 4.djvu/104

00 FEDEBAIi BEPODIEP.. �5. Same— Vessel im Sinkin-Q Condition.— That a vessel was in a sinking �condition, and soon afterwards went down, being heavily loaded with stone, may well be inferred from the fact that there is no evidence of her having been seen by any one since the nigiit of the collision, although the place of the disaster waa one where vessela were con- stantly passing. �4. Bame — Vessbi. in Despbbatb Condition.— Where a vessel injured by a collision ia abandoned by her crew and afterwards lost, it is enou.nh to proT« that her condition at the time appeared to be desperate. �6. Samb — CoNVBEBATioNs WITH Cbbw — EVIDENCE.— Conversations with �the crew of the lost vessel, subsequent to the collision, are entitled to little weight as testimony in determining disputed questions of fact appertaining to the navigation of the respective vessels. TAe Empire State, 1 Ben. 19. �Washington Gilbert, for libellants. fFebb d Haskeil, for elaimants. �Fox, D. J. This collision took place about half past nine on the evening of the fourteenth of July last, about three miles "south-east of Thatcher's island. The Freddie L. Por- ter is a three-masted schooner of 349 tons, and was liglit, bound from Boston into the Kennebec river for a cargo of ice. The Hope is a flat-bottomed, center-board sloop, 42 tons, was loaded with stone, and bound from Cape Cod to Boston. Upon some matters there is more than the usual conflict of testimony between the crewa of the respective vessels, and the court haa found great difficulty in arriving at a satisfac- tory conclusion upon the questions thus in controversy. Three of the crew of the Hope are Swedes, one is a Eussian, but they ail understand our language, and were present in court as witnesses. AU of the witnesses in behalf of the Freddie L. Porter are Americans. The witnesses on both sides ap- peared to be of more than the ordinary intelligence of persons in their position, and ail but the mate of the schooner gave their testimony frankly, and without any apparent bias or prejudice, and the court discovered nothing in the appearance or behavior of the other witnesses on either side which should cause any distrust of their statements. �There are some matters upon which both parties agree, and these afiford considerable assistance to the court in disposing of the cause, It is admitted by both sides that it was a clear, ����