Page:Federal Reporter, 1st Series, Volume 4.djvu/361

 VON MSaBN ». DAVIPBOH. 847 �\ �ing this time there ^as delay in delivering the cargo on board, as other vessels in port were «ntitled to precedence in loading. After the Slst the cargo was put on board with as much dispatch as could have beôn expected at that place, a,nd it was ail in on the seventh of August, at 5 : 30 p. m. An hour iater the vessel sailed, and, stopping five hours at Gibralter for coal on the 9th, arrived at Philadelphia on the second pf Sep- tember. She completed her unloading at that port on the Tth. �(2.) The usual cargo at Benizaf is iron ore. In loading, a vessel lies ont in the stream about a quarter of a mile from the shore, and the ore is takeu to her in smaU beats of from five to seven tons burden each. It is then passed up the ship's side in baskets. Two or three stages are put up be- tween the boats and the ship's decks, and two men on each stage receive and pass the baskets. This is the only -way of loading such cargo at that port. �(3,) About the first of August, Gregg & Co., a firmof shipr brokers in Philadelphia, were authorized by cable message from the ovrners in England to get a charter' for the Whick- ham to carry grain from the United States on her retum voyage. Not being able to do this in Philadelphia, the finn, on the first of August, telegraphed Mr. Erickson, a ship broker in Baltimore, to look for a charter in that city. In their telegram it was said that the vessel "had sailed, or was about to Bail, from Benizaf with cargo for Philadelphia." The precise form of the authority given by the owners to Gregg & Co. is nowhere shown from the evidence, further than may be inf erred from the telegram to Erickson. �(4.) A short time before the first of August, Sehumacker & Co., of Baltimore, the original libellants, employed Mr. Ford, another ship-broker in that city, to procure them a vessel to take a cargo of grain to Europe which they were tmder con- tract to ship in August. He fipding that stean^eirs for that month were scarce, and hearing of the Wihiokham, took Mr. Erickson to the office of Sehumacker & Co., and suggested that she might dp. At the interview ^hich then took place it was undeistood by ail parties that avesBe;l was wanted that could "be loaded in August, a^.ii^^inq pther would answer ����