Page:Federal Reporter, 1st Series, Volume 9.djvu/434

THE PIiTMOUTH BOCK. 419 �the presumptions were all against her upon so dangerous a coast. Upon this point also the witnesses greatly differed. Several •wit- nesses on the part of the libellants, aeoustomed to going outside in all weathers, testified that the sea was about as "nasty" as they were ever out in. A pilot, who had corne past the Long Branch pier that morning, said the waves were dashing over the end of it, and that the Plymouth Eockcould nothave landed her passengers ; while the cap- tain and others on the Plymouth Eock testified that they had been down to the pier and landed passengers in rougher weather, Most vessels were, it is true, returning inside for shelter; but a schooner was seen going out without reef in either foresail or mainsail. In the record kept at Sandy Hook the sea was set down as "heavy;" the wind was north-east; 32 miles per hour at 10 a. m., 22 at 11.15, and 13- miles per hour at 3 p. m. While the sea, therefore, was bad, the wind was abating, and the conditions in these respects were far from being the worst which sea-going vessels are called upon to encounter. Much testimony was given conceming the sufficiency of the chains and anchors. The weight of the two anchors were at length fixed at 1,699 and 1,994 pounds. The tonnage of the Plymouth Eock would require for sea-going vessels 2,800 and 3,200 pounds, according to the testimony of Mr. Hazard, an acknowledged and competent ex- pert. He testified that each anchor should have 90 fathoms of chain. The Plymouth Eoek had 60 and 75 fathoms. While her equipment in these respects was one-third less than required for sea-going vessels, her "free-board" exposure to the wind was greatly in excess of sea-going vessels of the same tonnage ; and her draught or hold upon the water much less, which would expose her to speoial peril in a high wind and sea; and on these grounds many of the libel- lants' witnesses expressed the opinion that she would have drifted ashore with both anchors out, while the claimant's witnesses thought she would hold with one anchor alone, with 25 or 30 fathoms of chain. The bottom was sandy, affording, though not the best, yet fair anchorage. Neither the sufficiency of her anchors nor her behavior at anchor, under any conditions analogous to the present, appear ever to have been actually put to the test. Capt. Curtis had been in charge of her from time to time for nearly 20 years, and had she ever been in the like situation before and behaved creditably, it would doubtless have appeared on the trial. The instances cited of her anchoring off Cape May in a rough sea but nearly calm wind are not pertinent. From tiie absence of proof of the Plymouth Eock ��� �