Page:Federal Reporter, 1st Series, Volume 8.djvu/356

342 FEDERAL REFOBTEB. �their course for that place it is almost impossible on the evidence to determine, the tiller of the canal-boat broke close to the rudder head, thus increasing greatly her unmanagebleneBS. The libellant testifies that this was after they turned to go in tinder Duck island ; that the tiller was lashed at the time, and he was forward attending to putting on the hatehes, which had become necessary, because in going in towarda Duck island the boat was exposed to a cross sea, and more liable to ship water on her deek. Great doubt is, in my judgment, thrown on his testimony as to the time when the tiller broke by the other testimony in the case; but, in the view which I have reached as to the subsequent incidents of the voyage, this point is not mate- rial. The storm had become very violent by the time they got under the lee of Duck island, but this afforded them a safe place of shelter as the wind then was. On reaching this place they anchored. It was then found that the canal-bpat had no anchor. With the tide then running there was a current setting towards the shore, which was about two miles distant, and the anchor of the tug was found insufficicint to hold. both tug and canal-boat, and they dragged slowly towards the shore, so that it was necessary to work out and anchor again, which was done. As they still dragged, they abandoned the plan of lying at anchor, and circled round and round, keeping under the lee of the island. They kept this up till some time in the night, not later than 2 o'clock a. m. of November 5th, when they started out for New Haven, the tug towing the canal-boat astern by two or three hawsers. The testimony of some of the witnesses is that they left the shelter of Duck island to go to New Haven about 2 o'clock. It is also testified that they arrived at New Haven at 4 o'clock in the morning. There is a mistake in one or the other of these times, because it seems not possible that they could have made the passage, about 17 miles, in two hours, especially as the tug was enoumbered by the canal-boat during the first part of the passage, estimated vari- ously by the witnesses from one mile to three or four miles. The pilot of the tug testifies that during the first pari; of the voyage from New London, when they had no great difSculty in towing the canal- boat, they made about three miles an hour. iueir progress must have been, much slower while towing her from Duck island, with a very rough sea, and no tiller to aid in steering the canal-boat. It is not, however, material whether they left Duck island as late as 2 in the morning or as early as midnight. I think on this point the statement in the answer that they left about 10 minutes after 12, ��� �