Page:Federal Reporter, 1st Series, Volume 6.djvu/415

 THH BEHBRA. 403 �created by the support left for the pior wlien cleaning out, and the accumulation of mud, would tend directly to this resuit, if it would not necessarily produce it. In addition to this, however, the officers of the Behera, and of the tug, eay there was such a bank, especially towards the front, so extensive as to force the ship several feet from the pier, on entering. These officers further testify that she "took a slight list" soon after going in, which increased as the water went down, breaking several of her lin^s, and carrying her over, forward, to within about three feet of the Curtis.. This was her experience before the barge entered. Eorced in, as it was, at high water, with no rpom to spare at that time, it re{juired but a very slight inerease of the Behera's "list," to bring her weight against the barge, and cruoh it. The libel- lant says he experienced no difficulty for an hour or more after entering; but when the water was running down he dis- covered that the Behera was pressing over; and soon after he wasfast. The ship was simply repeating her movenients of the preceding day and night. To his statement that the pressure was first against the lower part of his vessel — in- tended to show that the ship was not careening — I attach no importance. That she was, careening, almost from the time of entering the dock, is fuUy proved. That she would do so, as the tide ran out, must I think, have been inferred, in the absence of the direct evidence produced. It is not probable the libellant paid such particular attention to the manner in which the vessels came together, as would enable him to speak with accuracy on the subject. The faet had no such sig- nificance at the time, as was calculated to arrest his attention. If, however, the statement is accurate, it does not prove, or materially tend to prove, that the ship was not careening. Where the vessels would first touch, if she was, would depend upon the shape of their huUs, and the position of the barge, — of which we are not informed. The latter may have careeued towards the Curtis; and in view pf the work being ,done on that side, it is Aot improbable she did— (it is certain the Curtis careened to her) ; and this of itself might produce the situation described. That the immediate cause of the disaster ��� �