Page:Federal Reporter, 1st Series, Volume 5.djvu/124

 112 FEDERAL REPORTER. �Gresham waited here for some trifling repairs to her macliin- ery, and then, on the 14th, proceeded to Baltimore. She arrived at the mouth of the Chesapeake bay early in the morning of the 16th. Bhe had calculated to arrive there on the morning of the 14th. She was a freighting steamer, of 1,092 tons register. She was under charter to proceed to Baltimore, and there take on board a cargo of gi-ain for a port of delivery in Great Britain or Ireland, or on the con- tinent between Bordeaux and ïïamburg, inclusive, but exclud- ing Eouen, according to orders to be given on signing bills of lading. By the charter she was required to be at Baltimore by the twenty-fifth of September. The stipulated freight under this charter would amount to $12,000. The agreed value of the Leipsic is $90,000; that of her cargo, $160,945. The amount of her freight on that voyage, if earned, would be $13,757.37. The value of the Gresham is $90,000, and the anount of her freight earned on her outward voyage from Baltimore was £2,839 10s. 6d. The towage service was ren- dered without accident. It was not attended with any special difBculty or danger. The weather was at first fair, and soon after they started the wind became fresher and both vessels set ail sail, and then they made for a time about seven knots. On the night of the 14th it became rainy and squally, and the wind getting round to the south-west they proceeded under steam alone. The evidence does not show that the Gresham sustained any damage in her machinery in consequence of the towage. �I think it is entirely clear that the agreement between the vessels was made subject to the approval of the court as to the amount therein named (£3,000) as the amount to be paid for the towage service. The use of the word "prove" is per- haps to be attributed to the fact that one of the parties to the agreement was a German. At any rate, I cannot imagine any other meaning intended by the words, "leave it to the court to prove the said agreement," than this. The only point upon which in the negotiation the two c'aptains had any disagreement was as to the amount to be paid; and it is clear that this was the matter to be left to the court. It is ����