Page:Federal Reporter, 1st Series, Volume 4.djvu/478

e64 FEDERAL REPORTER. �Colon, Dt. et. s. D. of N. Y., opinion by Judge Choate, Aug. 14, 1878 ; same case in Ct. Ct., opinion by Judge Blatchford, July 9, 1880, supra, 469 ; The Plainmiller, 2 Ped. Eep. 872. �MoREis, D. J. The British steamer Swiftsure, 1,920 tons, laden with a cargo of iron ore, on a voyage from the coast of Africa to Baltimore, went aground about 9 o'clock on the morning of May 9, 1880, in the waters of the Atlantic ocean, about three miles from the light-house on Smith'a island, and about 10 miles from the entrance into the Chesapeake bay. The morning was pleasant, with a somewbat hazy atmosphere, and the sea was smooth, but the master of the steamer mistook the light-house on Smitb's island for that on Cape Henry, and when his vessel touched the bottom sup- posed that he was on a bar, and kept her at fuU speed until he had forced her over a mile towards the shore, and until she rested firmly bedded in the sand. During the forenoon the sea was very smooth and the wind south-west, and the steamer lay solidly in the sand, and those in charge of her appear not to bave been specially alarmed at her situation, and to bave confidently hoped that she would float ofï witb- out injury at high tide, which would be between 7 and 8 o'clock in the evening. �The steam-tug E. T. Banks, learning from the pilot-boat that the Swiftsure was aground, went to her about 11 o'clock, but finding the captain of the Swiftsure intoxicated, and the first ofi&cer not willing to employ him, the master of the tug concluded not to remain by her. The keeper of the life-sav- ing station at Cape Charles, learning the steamer 's situation, went out to her about 11 o'clock and boarded her. He found the captain intoxicated, and had an understanding with the mate that he should keep a lookout for them during the night, if they should bave to remain, and that he should show a light on a favorable landing place on the shore should the steamer burn signais of distress. About midday the two steam-tugs America and Eattler, while cruising ]ust outside of the capes of the Chesapeake bay looking for vessels eoming from the sea to be towed in were informed by the pilot-boat ����