Page:Federal Reporter, 1st Series, Volume 7.djvu/510

 498 FBDBBAL EEPOBTEE. �only istauding tuast so that it went over the side, and eut two holes in her that she might fill with water. The fire con- Bumed everything above the water line, but about 600 baies of cotton were left in the lower hold. This the libellants commenced to save, but had taken out but about 70 baies ■when a violent norther drove them from their work and they vrere' compelled to seek a harl)or. Upon their retum, two days after, they found that, although the anchors had held, the wreck had split in pieces and the cotton gone. One of the smacks, her master thinking it had gone adrift, followed the course of the gulf stream some 200 miles. The other vessels remained in the vicinity, and, as soon as the weather permitted, commenced searching the bottom by dragging and diving, and found that the cotton had been swept off but a short distance and sunk in water of from five to ten f athoms, where it lay scattered on the bottom. Two of the smacks then went to Key West, a distance of about 75 miles, to carry the cotton already saved, but in three or four days returned and again went to work. The other remained at work, and the one which had gone in search of floating cotton returned the fifth or sixth day, One remained, constantly engaged, and the others, after more or less delay, came back. None of them resumed their usual occupation of fishing. In the mean time some 12 other small vessels, whose owners and crews are respondents herein, arrived and went to work, with- out the original salvors making objection or having any understanding with them. They have saved, by naked diving and dragging the bottom, some 400 baies, which have been libelled and sold, and a «alvage of from 50 to 75 per cent, awarded, according to the depth of water and poQuliar eir- cumstanees attending the saving of eaeh lot. �This libel prays a proportion of the salvage awarded all those not engaged in scuttling the vessel. The defeoce haa been that it bas not been shown that the scuttling was of any material benefit, as it may be presumed that the vessel had bilged, and was full of water bef ore that ; and, second, that the libellants' leaving the property was an abandopment of the work which saorificed any intereat they may have had ��� �