Page:Federal Reporter, 1st Series, Volume 9.djvu/239

22e fedbbal beportkb. �observation. The book produced was an old printed of&cial log of the brig, which seems to have olosed in June, 1877. To the end of this three sheets of foolscap paper had been stitched, and the maater had headed them with the title, "Officiai log of brig Mary C. Conery from Fernandina towards Natal." The first entry and date in the record is June 1, 1880, when they sailed from Fernandina, and the latest is August 30, 1880, at Natal, when the libellant left thevessel; although there are a number of entries subsequent to this, purport- ing to record transactions of an earlier date. The writing bas the appearance upon its face of being a record made up at one time, and not at the different dates assigned, and the nature and contents of the entries themselves strikingly confirm the impression. For in- stance, the libellant shipped on board on the first day of June, 1880. The following is the entry of the fact : �" 1880. June 1. Louis Kriete shipped as cook and steward. He recom- mended himself as being a flrst-class eook and steward. Demanded flrst-class wages — $30 per month. He has proved to be entirely incompetent ; almost worthless ; wasteful, eareless, dirty, and disobedient. Will not obey my orders. Cannot make bread, nor do any kind of cooking, except boil beef and pork. Neither does he know how much or how little to cook, thereby causing a great waste of stores." �To make -the log of any value as evidence in cases of this sort, the entries should be made at the time of the transactions referred to. They should, at least, have the appearance of being the resuit of the master's observation and knowledge at the time of the entry. Is it not quite remarkable that on the day and hour of the libellant's entrance upon the vessel the master should have learned all these facts in regard to bis incompetency ? But the second entry exhibits a still more wonderful prescience on the part of the master. It was made under the date of June 7th, — six days after the cook went on board, — and it had reference to his dilatory or lazy habits. The statement is that "it was seven daysbefore he (the cook) could spare 20 minutes' time to Bcrub the cabin floor." But I will not pursue the subject fur- ther. I have adverted to it that the claimants may learn that I have not overlooked it, and that no court should have confidence in officiai logs thus made up. �As there seemed to be no dispute that the libellant was entitled, if to anything, to the sum of $74 for wages earned, a decree may be entered for that sum, unless the parties should desire a reference. ��� �