Page:Federal Reporter, 1st Series, Volume 4.djvu/109

 THE HOPB. 85 �Jtier crew, from cowardice, abandoned her to lier fate,^ ail but one climbing on board^the schooner by her bob- Btays, and that he escaped in the boat and rowed up in her along-side the schooner, and thus came on board, — and that they refused to return to her after the vessels were Beparated; that the sloop was not leaking badly, as the crew well knew ; that the cook of the schooner, having gone on board the sloop to lower her sails afterwards, -went ail round her deck and into the cabin, and f ound no water in her ; and that two of the crew of the sloop went to her in their boat to take off the cook, and one of them went down into the cabin at the time and brought away a large amount of olothing; and the master of the schooner states that when the crew of the sloop left his vessel in their boat they rowed ofiF in the direction of Thatcher's island and away from the sloop, and that afterwards, for more than an hour, the sloop's masts were seen by those on board the schooner. �The crew of the sloop ail testify that they were on her deck when she was struck by the schooner; that ehe was pressed down so that the water came up on deck as high as their armpits, pouring into the cabin and hold; that her planks were crushed in, and the water poured into her in a large stream; and that the three only abandoned her and went on board the schooner when they found the sloop in a sinking condition; that they took with them at that time ail the clothing that was saved; and that when they went in the boat to the sloop to bring off the cook of the schooner neither of the men left the boat, and no clothing was taken at that time from the sloop's cabin ; and, finally, that when they ail left the schooner in their boat they rowed near the sloop, saw that her deck was under water, and remained near her for about 20 minutes, when she sank, and this is sworn to have been her fate by ail four of her crew. While these conflicts are so great that it is impossible to reconcile the statements, there are other facts which go far to establish the claim that the sloop was so greatly injured that she became a totalloss. The schooner was more than eight times as large as the ����