Page:Federal Reporter, 1st Series, Volume 1.djvu/916

 908 FEDERAL REPORTER. �one-half knots. On his cross-examination it appeared that the ship's log contained an entry as to her speed, signed by him and the master ; that this entry -was made from the report of the quartermaster. The lihellant's counsel called upon the c' aimant's counsel to produce the ship's log, in order that the witness naight be examined in reference to this entry. This ïequest was ref used, although the log was shown to be in New York, and accessible. This refusai to produce a contempora- neous record, made by the witness himself, in the course of his duty, when the same was required, lost the accuracy or good faith of his statement on direct examination, which tended strongly to exonerate his side of the case, on a criti- cal point in dispute between the parties, will admit only one construction, and that is that if the log had been produced it would not bave aided the steamer's case. �There is also evidence that one of the quartermasters not called was cliarged with the duty of ascertaining the speed of the ship by throwing the log, and the resuit of his obser- vation was noted in what was called the "scrap log." This sçrap log was called for by the libellants on the trial, but not produced, the non-production being exeused by want of suffi- cient notice; but the fact is uncontested that a constant observation and noting of the speed were made on board the steamer, and yet only the most uncertain evidence of speed, from the estimate and judgment of the witnesses, was pro- duced, and the evidence which could alone have afïorded a reasonable degree of certainty — if, in fact, she was not going at f ull speed — was not produced, or was suppressed. �Further confirmation of the fact that the steamer v»'as makiug at least 11 knots an hour is to be found in the com- putation minuted by the master on his diagram, in which, in laying down the course and movements of the steamer, ho estimated lier average speed, while undor her hard a-port wheel, to be 10 knots, although his diagram indicates that, at the same time that he ported, he stopped his engines, and his testimony indicates that he gave the order to slow the engine nt the time that he ordered the wheel hard a-port. �The next question to be determined is the distance the ves- ��� �