Page:Federal Reporter, 1st Series, Volume 2.djvu/264

 STRBTCH V. tva lfASGA.EET. SSÎ �liis mainsail wouM fill again, and so that the schooner luffed up and shot by the end of the north pier. The schooner had to slack her main peak halyards in order to make her course up alongside the north pier; when she got around to the north ward she shot clear by the pier." He furthër statea that the tug was there just inside the north pier, so that her stem -was just about even with it, and she was about 25 feet Bouth of the north pier. �There are the usual contradictions and disagreements between the men on the schooner and those on the tug touching the tnaterial facts. There are five -witnesses, sailors and masters of vessels, having no interest, who agree sub- stantially that the cause of the disaster was attributable to unskilful management by the master of the schooner. Tak- ing into consideration the direction and strength of the wind and the condition of the sea, it would not seem to be proper management on the part of the master of the schooner, after turning to go into the harbor in tow of a tug, to carry any mainsail at ail. To carry any part of her mainsail wonld, in the opinion of experienced sailors, have a tendencyto render her unmanageable; cause her to broaoh to and go to the wind- ward in spite of the tug. �It is claimed that the tug was at fault in failing to keep the Une, and not using proper efforts to bring the vessel back from the north side of the north pier, but masters and seamen of much experience havo said that the tug could not have pre- vented the disaster after the schooner went to the northward of the pier. It was plainly the duty of the master of the ves- sel, in the absence of any directions from the master of the tug, to manage his helm and sails judicioualy. �It is not contended that it was unsafe for the tug to under^ take bringing the schooner in, from any condition of the wind or sea. It is claimed that the tug slackened berline at a crit- ical moment for the vessel, and came too close to the end of the south pier when turning to corne in. The better opinion seems to be, on the part of those competent to judge, that the vessel would be carried ahead so that the tow line would be �v.2,no.2— 17 ����