Page:Federal Reporter, 1st Series, Volume 6.djvu/108

 96 FEDEEAL REPORTER. �point. His antagonist, denying the right to do this, objected to the offer; and in consequence of this disagreement the arbitration was abandoned. Viewed in the light of the testi- mony referred to, the proper interpretation of the paper is that Captain Bougher admitted liability for the loss sustained, but not the entire liability. This view is consistent with ail he did. At the outset he asserted, on the information of his captain, that the Ajace was in fault; and he subsequently offered to prove it, — to show, as I must suppose, the extent of his liability. Thia liability depended, — the extent of it, (whether for the whole or a part only,) — on the conduct of the Ajace. No other interpretation of the paper is consist- ent with the conduct of Captain Bougher. If he did not intend to admit liability, he would not have agreed to con- fine the arbitration to the subject of damages; and if he intended to admit liability for the entire amount, he would not have insisted, when making the admission, that the Ajace was in fault, and immediately after, when the agreement was being carried out, have insisted on showing such fault. The onlyrational conclusion is that he intended to admit his own fault, and to hold the Ajace liable for hers. �A decree will accordingly be entered for the libellant for one-half the damages sustained. ��� �