Page:Federal Reporter, 1st Series, Volume 10.djvu/599

 TIIE LEIPSIC. 587 �steamer near by which could give him equal assistance. Finally an arrange- ment was concluded, as set forth in the following paper, signed by both cap- tains on board of the Leipsic: �" Latitude 39 deg. 30 min. N., longitude 71 deg. 25 min. W., September 13, 1879. It is this day agreed between Capt. F. PfeifEer, of the S. S. Leipzig, and Capt. Gibl, of the S. S. Gresham, to tow the said steamer Leipzig, to Sandy Hook for the sura of three thousand pounds, (£3,000,) but leave it to the court to prove the said agreement." �The words, "but leave it to the court to prove the said agreement," were added before the agreement was signed. �The master of the Leipsic refused to malce the agreement except upon that condition, because he thought the sum named too high. He is a Ger- man, but he spoke English, and the conversation waa in English. The master of the Leipsic asked to be towed to New York, saying that he Avould make his repairs there. The master of the Gresham told him it would be out of his course, but that the Delaware breakwater was in his way; but he would take him there or to Sandy Hook, as he pleased, and the latter place waa agreed upon. The weather was good, and the sea was smooth. The wind was very light. The Gresham took the Leipsic in tow by two hawsers, furnished by the latter. They got under way soon after ■the agreement was signed, in the afternoon of the 13th, and passed Sandy Hook about 3 o'clock in the afternoon of the 14th, and proeeeded about six miles up the bay, where the hawsers of the Leipsic were transferred to a tug, which towed her to Hoboken. The Gresham waited in the lower bay of New York a short time for some trifling repairs to her œachinery, (sucli re- pairs, however, having no connection with the service rendered to the Leip- sic,) and then proeeeded to Baltimore. She arrived at the mouth of Chesa- peake bay at 9. A M. on the 16th. She had calculated to airive there on the moming of the 14th. She was a freighting steamer of 1,092 tons net meas- urement. She was under cliarter to proceed to Baltimore, and there take on board a cargo of grain for a port of delivery in Great Britain or Ireland, or on the continent, between Bordeaux and Hamburg, both inclusive, but excluding Eouen, aecording to orders to be given on signing bills of lading. By the char- ter she was required to be at Baltimore not later tlian the twenty-fif th of Sep- tember. The freight earned by her on her outward voyage from Baltimore was about $13,750. The agreed value of the Leipsic is $90,000, and that of her cargo $160,945. The amount of her freight on that voyage was $13,- 757.37. The value of the Gresham is $90,000. The Leipsic was expected to make a round trip, at that season, every six weeks. By keeping her turn on her return trip she would presumably carry some 250 steerage passengers in addition to her cargo. The Leipsic at the time had six months' provisions on board. The captain of the Leipsic had commanded three steamers of the North German Lloyd, and up to the time of the trial in the district court re- mained in its employ. He was an experienced master. The service was rendered without accident. It was not attended with any special difflculty or danger. The weather was at first fair, and soon after they started the wind became fresher, and both vessels set all sail, and then they made for a ��� �