Page:Federal Reporter, 1st Series, Volume 1.djvu/929

 GBEEN V. STEAMSB HELEIT. 921 �legislature, or they would hardly bave tbought neeessary the extreme penalty -which the aot preseribes. �Muoh of the testimony of the libellants waa directed to establisbing the location of the Eoaob in the river at the time of the collision. I am satisfied that the Eoaob, on Sat- urday evening, cast ancbor near the south-east edge of the cbannel, about 600 feet from the railroad wharf, and from 400 to 500 feet from Eice's wharf. The wind was tben nortb- east, which caused the vessel to tend parallel with the cban- nel, and down the stream. The Eoach drew eigbt feet of water, and the proof shows that 30 feet eastward of the edge of the cbannel from tbis point the deptb of water does not exceed six and one-half feet. �As the captain of the Eoach was very familiar with the river, and the deptb of water, it seems hardly credible that be would ancbor bis vessel to remain from Saturday night untU Monday in a place where, if the wind went around to the nortbwest, sbe would bave grounded. I am satisfied she was anchored somewhat to the nortb-west of the edge of the cbannel. The wind changed on Sunday night, and at the time of the collision was blowing hard from the south-east, which tended to carry the Eoach directly across the cbannel. The cbannel there is about 425 feet wide. The Eoach is 50 feet in length, and her cable was 120 feet, so that even if anchored on the very edge of the cbannel she must bave been lying about 170 feet oiï from it, across the cbannel, which would put her very nearly in the center. �It is urged that tbis was not the usual track of the steamer, and that she was in the habit of coming in by a course fur- tber to the westward ; but it could not bave been much to the westward, and it would, I tbink, be unreasonable to restrict the steamer, on a very dark night, to pursuing her course within any such nice limits as that would imply. �I find, therefore, that the schooner was, in the language of the act of 1867, "anchored in the track of an inward-bound vessel, between Tangier sound and the railroad wharf," and tbat sbe was, therefore, unlawfully so anchored. �Witb regard to the application of the act of 1807 of the ��� �