Page:Federal Reporter, 1st Series, Volume 5.djvu/119

 THB BAEK LOVKTAND. 107 �gea that was running and the strong wind, they succeeded in getting three hawsers made fast to the bark, on -which was plaeed a crew consisting of the second mate and several men, and she was towed towards New York. After getting under way a dense fog set in, which contiuued till about 9 o'clock at night. At about midnigat two of the hawsers parted and the third shpped, owing to the heavy sea. The steamer lay by the bark till daj'light and then commenced again to get her hawsers on board the bark. This was not eiïected till abont 1 o'clock in the afternoon. In attempting to do this the hawsers fouled the propeller, and it was a difficult and tedi- ous operation to clear the propeller. The towing was resumed a little after 1 o'clock, and was continued without further accident or interruption till they passed Sandy Hook at about 10 o'clock on the forenoon of the nineteenth of April. The value of the bark was $1,400; of her cargo, $22,500; and of her freight, $1,600, less some small deductions for port charges. A part of the freight had been prepaid. The claim- ants argue that such part is not to be computed as part of the property saved. I think, however, that the presumption is that prepaid freight can be recovered back as not eamed if the cargo is lost, and therefore that it should be considered as part of the property saved to the owner of the ship. When the bark was discovered she had 80 inches of water in her. She was not in a sinking condition. Her cargo was in good order, and was so delivered in New York. The service ren- dered occupied from 7 a. m. of the 17th to 10 a. m. of the 19th of April, or 51 hours. The bark was towed about 325 miles, and the time occupied in towing was about 37 hours, or at an average speed of about 8| miles. The Thanemore was mak- ing about 10 knots when she discovered the bark. Her max- imum speed in ballast is about 12J knots. During ail the time she had the bark in tow, as well as at the time of dis- covering her, she had an unf avorable wind nearly ahead. The service was attended with considerable difficulty and some danger to the crew and to the steam-ship. I am satisfied, however, by the log and by the speed made, that the danger and the difficulty are somewhat esaggerated by the witnesses ; ����