Page:Federal Reporter, 1st Series, Volume 10.djvu/598

 588 FEDERAL REPORTER �manned, equipped, and provisioned. She coiitinued under sail till the 13tli, when the libellant's ship took lier in tow. �The Leipsie made about 25 miles from 2 p. m. on the 6th to noon on the 7th. iiie next 24 hours she made about 10 miles ; the next 24 hoiirs, 41 miles ; the next 24 houra, 38 miles ; the next 24 hours, 52 miles ; the next 24 hours, 50 miles, bringing lier down to noon of the 12th. From that time to noon. on the loth it was nearly calm, and the current carried her 20 miles north-east- erly. On the 9th, at 1:30 p. M., she was passed by an English steamer, which made an olier of assistance, which was declined by the captain of the Leipsie on the ground that he did not need assistance. During the days the Leipsie was under sail she sighted several steamers, but she made no signais for as- sistance. On the 12th, her captain, the wind having died away, had deoided that it waa neeessary for him to reach a port quicker than he could do so under sail ; that his only means of so doing was to be towed in by a steamer : and that the saving of time thereby was an advantage to the ship and lier o wners from a business point of view. For that purpose, when he went below on the night of the 12th he ordered rocket signais t^ be thrown up whenever a steamer should pass. One did pass at a distance of flve or six miles, but failed to heave to or answer the signais. About noon of the 12th the Leipsie had spoken abark bound for the Delaware breakwater, and asked her to report the steamer as being there with a broken shaft. �About 8 or 9 o'clock on the morning of the 13th the steamer Gresham, bound from Newport, England, to Baltimore, Maryland, in ballast, overtook the bark, which had been previously spoken by the Leipsie, and was informed by the bark that there was a steamer to the eastward with a broken shaft, giving her supposed latitude and longitude. The Gresham was immediately put about, and proceeded in the direction indicated, which was nearly opposite to her former course. At about noon on the 13th the Gresham, having pro- ceeded 40 miles from the point where she was spoken by the bark, appeared in sight, and the Leipsie signalled her that she had a broken shaft. The Gresham came up to her, and, when within hailing distance, her captain asked the Leipsie if she wanted a tow, and the reply was that she did. ihe captain of the Gresham then went on board of the Leipsie, and the latter showed the former the position of the ship on the chart — 39 deg. 28 min. nortli lat- itude, and 71 deg. 25 min. west longitude. The reckoning of both ships agreed. Measurements were made on the chart, and Sandy Hook was found to be distant 125 miles and to be the nearest port. The captain of the Gresham was then asked what he would tow the Leipsie to Sandy Hook for. The two captains diiier as to the priee that was named, — one testifying that it was £6,000, and the other that it was ie4,000. The captain of the Leipsie told the captain of the Gresham that if he did not come down any f urther the sh.p was in very good sailing order, he had all his square sails set, and that he could help himself in any weather with his ship under sail. During the negotiations another steamer hove in sight, about flve miles off, and within signalling distance; but she was not signalled, and night was coming on, and the captain of the Gresham insisted that he was first on the ground. The captain of the Leipsie said to the captain of the Gresham that there was a ��� �