Page:Federal Reporter, 1st Series, Volume 3.djvu/545

 538 FEDKRAL BI!FOBTEH. �It appears, from the testimony of Mr. Malster and his wit- nesses, that it was generally understood about that part of the harbor of Baltimore, and had been noticed in the local items of the city newspapers, that he was to launch the gov- emment propeller Arbutus, a vessel of about 150 tons, from his ship-yard at Canton, at 4 o'clock on that afternoon; that he had a flag put upon the huU about 10 o'clock that morn- ing, which is generally known to indicate a launch, and that early in the afternoon he gave instructions to have ail the vessels anchored in dangerouB proximity to the line of th& launch notified to remove, which was done; that he had intended to launch at 4 o'clock, but waited until 5 for the tide ; that about 4 o'clock they began knocking away the prop» and bilge bloeks, and wedging up the hull, and at 5 o'clock were ail ready, and the vessel was only held back by two trip- pers, which are timbers so placed as to prevent the vessel moving until they are eut away; that, being ail ready and about to saw away the trippers, he looked out on the water, to be sure the course wasclear, and he then saw the schooner Eidie steering in a diagonal course across the line to be taken by the launch, and then very near to that line ; that he called to his men to wait, although the hull had already begun to creak and show signa of uneasiness, and it was always a risky thing to do, to hold back a launch when she was prepared to let go ; that they did wait until he saw the schooner cross the line and get to leeward, when, havingevery reasonin his own mind to suppose that she would continue her course and be getting further and further out of danger, he gave orders to eut away the trippers ; that the launch started very slowly at first, but when she got under way went very rapidly; that the schooner did not, as he had reasonably supposed she would, keep her course, but immediately after crossing the line of the launch went about and came on to it again and was run down, although she might have continued her tack in the same course safely some 200 yards further in towards the shore. �He further testified that he had a steam-tug lying at the ����