Page:Federal Reporter, 1st Series, Volume 4.djvu/759

 GUU V. FKOST. 745 �to be both intelligeiat and credible. The mistake în their protest, which was written in a language they understood but imperfectly, does not seriously impair, the effect of their tes- timony. It is also noticeable that the wheelsman of the Fer- nande had, aceording to the testimony of the master, been at the wheel continuously since 8 o'clock — three hours and a half.. The master says that ■while he saw the light. of the Adolph he''spoke to him two or three times ta keep her close to the wind. And when he saw the two lights of the Adolph he ran to call the crew from below, thinking there would be a collision. It is not at ail impossible that the wheelsman, from fatigue, steered badly, and that the final fatal move- ment of luffing across the bow of the Adolph was his act by mistake or from panic, without the order or the knowledge of the master. But he is not here to answerfor himself, and it is of no avail to pursue the inquiry further. Libel dismissed, with costs. ���GuM V. Frost and others. {District Court, 8. D. Nm York. , 1880.) �1. Part Owubb — Bxbcutobs.— The exeoutors of the deceased part owner �of a vessel are not chargeable for necessaries supplied or money ad- vanced the vessel after their testator's death, lybere they have done nothing to tàke the beneflt of the eraployment of the vessel, norgivea aay authority to the master or ship's husband to act for them. �2. Same— Sa.me.— It would be a breach of trust for executors to authoiùz» �the master or ship's husband, in the absence of an express power under the will, to act in such a matter for them, and no presumptioa can therefore arise that they have done so. Stedman v. Fiedler, 20 N. Y. 446. �In Admiralty. W. lî. Beebe, for libellant. John E. Parsons, for respondents. �Choate, D. J. This is a suit brought by the libellant, who resides in London, England, against the owners of the ship. ����