Page:Federal Reporter, 1st Series, Volume 10.djvu/307

 THE ANT.- 295 �It appears from the allegations of the libel and the prodfs that the canal-boat Chandler, loaded with np-wards of 200 tons of anthracite coal, and while, with other boats in tow of the steamer Saxe, on a trip from Port Johnson across the bay, being overtaken by a storm foundered and sunk in the neighborhood of Eobbins' reef. The owuers of the Saxe purchased the sunken boat and her cargo while in this condition, and employed wreckers to raise her. Pontoons were placed on either side of the boat, and four chains were passed under her and tightened by jack-screws on the pontoons. When the tide was low she was lifted from the bottom by the rising of the tide, and was towed by the Saxe, stern foremost with the pontoons, about a mile up the bay, at high water. The bow of the canal-boat again struck ;the bottom, which stopped their further progress. Being obliged to retnain here until the next full tide, the steamer Saxe having the tow in charge dropped back on the east side of the east- erly pontoon and made fast, her bow still facing up the river. She then took down her bow and side lights, and set vertically on her flag- staflf two white lights, about 15 feet above her deck. One white light was also placed on each of the pontoons on the bow of the west boat, and on the stem of the east one from 10 to 12 feet in height. �On the same morning, at about a quarter of 10 o'clock, the steam- tug Ant left the foot of Thirty-third street, East river, with two street- department scows, loaded with dirt and garbage, in tow by a hawser, bound for the dumping-grounds outside of Sandy Hook. The tug was about 65 long; the hawser leading to the first seow, 500 feet; the hawser from the first to the second scow, 40 feet ; and each scow from 75 to 80 feet in length, — making the total length of the tug and her tow upwards of 700 feet. It was a moderately cloar, pleasant night; several of the witnesses testifying that vessels could be seen a mile away without lights. The tide was at the strength of the ebb. The Saxe and her tow did not come under the particular observation of the master and pilot of the Ant until they were within a half or three-quarters of a mile distant. The testimony is very confiicting as to the precise distance. Seeing the two vertical white lights on the Saxe and no bow or side lights, he concluded that it was a steamer with a tow, going in the same direction with the Ant. He continued his course, bearing directly upon the Saxe, until he ap- proached her within a few hundred feet. �From the contraditory statements of the witnesses of the respective parties it is quite impossible to tell how near he had come before he ��� �