Page:Federal Reporter, 1st Series, Volume 3.djvu/543

 536 FEDERAL REPORTER. �the schooner Eidie, of about 55 tons, with a cargo of asaorted merchandise, started from the upper part of the harbor of Balti- more on her trip to Salisbury, on the eastern shore of Maryland, and, the wind being from the south-east, she was obliged to beat out ; that having got about the Locust Point coal wharves she went on her starboard tack in a north-easterly direction, heading for a point on the opposite shore somewhere between Abbott's rolling mills and the ship-yard of Malster & Reaney, the respondents. She had nearly run out that tack, being about 200 yards from the shore, and was in the act of going about, being in stays, her sails not yet filled on her port tack, when she was run down and sunk by the huU of a vessel launched from the ship-yard of the respondents. The launch proved to be the huU of the propeller Arbutus, which the respond- ents had built for the United States government. There were on deck of the schooner, at the time, Captain Malone, the master; William H. Brewington, the mate ; JamesTurner, a deck hand, who was forward working the jib and acting as lookout; and two passengers, George Twigg and Henry Mes- sig. These ail testify that no one of them had any knowl- edge, until too late to be of any avail to them in preventing the disaster, that there was to be a launch, and that there was no signal or warning of any kind given that attracted their attention until too late. �The first one of these who noticed the preparations and unusual collection of people about the ship-yard was the pas- senger George Twigg, who was standing forward with' the lookout, Turner, and who testifies that just before the col- lision, and just as the schooner was in the act of going about, his attention was attracted by hearing hallooing on the shore, and he said to Turner that he thought there was going to be a launch, and almost immediately afterwards the launch started and struck them within about half a minute. Turner testifies that he observed the hull just about the time that the passenger Twigg called his attention to it, which was just as the schooner was going about, and when, if they had thought it necessary, it would have been too late to put the ����