Page:Federal Reporter, 1st Series, Volume 3.djvu/548

 MALSTBB ». H0MPHBÎ1Y8. 541 �notice at ail given by him, which deserves in law to be so considered, �The respondents rely as notice upon the fact that there was a flag up on the huU, which they claim ail sea-faring people know indicates a launch. By their own showing thia flag was put up about 10 6'cloek in the morning, and the actual launching did nottake place untU 5 p. m. ; and it is claiming toc much toisay that the mare sticking up a flag is any suffi- cient notice to blockade the harbor of a great commercial port for a whole day for such a purpose. They rely also upon the fact that the preparations for launching involve pounding upon the sides of her hull to wedge her up, which makea a loud and peculiar noise, and which they say ought to attraot any passing vessel's attention, and should be a notice that a launch was about to take place. But they themselves say that this driving of wedges began fully an hour before the act- ual launching, and it probably was concluded before the schooner got into the position where her crew would have heard it, even if they had known its significance. �They claim that, having before their ship-yard a large sheet of water, with a distance of pexhaps a thousand feet to Hen- derson's wharf, which is in a straight line opposite, they were not to be expeoted to take precautions which ship-yards in more contracted places require. But this very estent of clear space turned out to be an element of danger, for the schooner having a perfect right to sail over any part of it, it was the most natural thing for her, as the wind then was, to make her long tack over into it ; and if it had been narrower there would bave been more chance that some spectator or boat- men near the launch, and who was doing nothing but watch- ing it, might bave warned them in time. As it was, those spectators who were nearest to the schooner, although at con- siderable distance f rom her, and who, having had information that the launch was to be at 4 o'clock and were still watch- ing for it, state that, until they saw the hull moving, there was nothing which tothem, at the distance they were oflf, indi- cated that the moment for launching had corne. There was ����