Page:Federal Reporter, 1st Series, Volume 10.djvu/579

 THE SANDEINGHAJMt. 567 �fession, fox many years. He bas had more experience in the busi- ness than any man on this coast, except Capt. Baker, and is still in the vigor of manliood. �Capt. Nelson, Capt. Cole, and Capt. Orrin Baker are also wreckers of mauy years' practical experience, and of the highest repute in the profession. These are all men of high personal character, and good standing as members of society. They operate as wreckers along the whole Atlantic coast of the United States south of New York, and are sent for from far and near. �The crews of the wrecking vessels were employed by the year. This insured familiarity with their duties, but did not insure the extraordinary exertion which is inspired by the lively expectation of the extraordinary rewards of salvage services. It is quite probable, as is contended by the defence, that some of the working gang who were employed in this enterprise were of the class of common labor- ers, who were without special experience in the wrecking business, and were paid but ordinary wages, Yet, on the whole, the evidence in this case establishes the conviction that if success in a wrecking enterprise eould be insured by large experience, approved skill, and perfeot appointments, this particular enterprise had the benefit of all these conditions of assured success in a high degree. �On the question whether the weather and sea were such as to ren- der the service of the wreckers in this enterprise one of risk, danger, and difficulty, there is some contradiction in the evidence in the case. �There was undoubtedly a storm on the night of the 6th which put the ship in great peril, and which would in all probability have caused her to bilge and break up, and possibly to have sunk in the sand hopelessly beyond recovery, but for the wreckers having planted their auchors and made fast their cable to her on the afternoon before. There was undoubtedly another storm on the night of the lOth, which, by the changed action of the current upon the sand-bed under her, nearly oapsized the ship; and would have done so, but for the hard work performed by the wreckers on board in breaking up the cotton between-deeks and shifting it from the lower to the upper side of the careened vessel. On both occa,sions the ship was in great danger and peril, and was rescued from them by the exertions of the wreck- ers. The surf-boating of the cotton was undoubtedly rendered nec- easary, during the intervais between the storms, by the rugged condi- tion both of the weather and the sea. �Though denied by McKay, the engineer Watson, and second mate, it must have been true that there was no time between the ��� �