Page:Federal Reporter, 1st Series, Volume 5.djvu/123

 THE STEAHEIt LEIPSIO. 111 �■within five or six miles, but took no notice of or did not understand her rocket signais. About 8 or 9 o'clock in the morning the Gresham overtook the bark, and was informed- by her that there was a steamer to the eastward with a broken shaft, giving her supposed latitude and longitude. The Gresham was immediately put about aud proceeded in the direction indicated, which was nearly opposite to her own course, and about 2 o'clock, after steaming about 40 miles,; she sighted the Leipsic. The Gresham was bound from New- port, England, to Baltimore in ballast. The master of the Gresham asked the master of the Leipsic if he wanted a tow, to which the master of the Leipsic replied that he did. The master of the Gresham went on board the Leipsic betweeii 3 and 4 o'clock, and the two captains had a conversation, the resuit of which was that the agreement sued on was signed. They differed as to the amount to be paid, the master of the Gresham at first demanding a much larger sum than £3,000. He testified that he first demanded i94,000. The other captain understood him to demand d96,000. Finally the agreement was made and signed as given aboYO. The words, "but leave it to the court to prove the said agreement," were added before it was signed. The master of the Leipsic refused to make the agreement except upon that condition, because he thougbt the sum named too high. He is a German, but spoke Eng- lish, and the conversation was in English. The master of the Leipsic asked to be towed to New York, stating that he would make his repairs there. The master of the Gresham told him it would be out of his course, but that he would tow him either to the Delaware breakwater or to New York, and the latter was agreed on. The weather was good and the sea smooth. The wind was at that time very light und unfavor- able for the Leipsic proceeding under sail. The Gresham took her in tow by two hawsers furnished by the Leipsic. They got under way, soon after the agreement was signed, on the afternoon of the 13th, and passed Sandy Hook about 3 o'clock on the afternoon of the 14th, and proceeded about six miles up the bay, where the hawsers of the Leipsic were' transferred to a tug, which towed her to Hoboken. Th«' ����