Page:Federal Reporter, 1st Series, Volume 9.djvu/436

 THE PLYMOUTH BOCK. 421 �And as she was at that time, as I have found above, al)out 2,000 feet from the beach, she must have been more than a quarter of a mile from the beach when the Germania reached her. �It is equally clear, I think, that the master and officers of the Ply- mouth Eock had no apprehension of any immediate danger. There is no evidence of any want of coolness, or of any confusion or alarm on their part. No whistles were sounded, no signais for relief ex- hibited, as wbuld have been donc had any immediate disaster been feared. The port anchor was unlashed and ready, with 15 fathoms of chain overhauled, to be cast at once. The starboard anchor, with 25 fathoms of chain overhauled, could have been also cast in some 16 or 20 minutes, and from 60 to 75 fathoms of chain to each could have been let go if required. The pilot's order to throw the port anchor was countermanded by the captain because he saw the Ger- mania approaching. This is no evidence of the officers' distrust of the anchor, or of their fear of the vessel's inability tO ride at anchor for a considerable period without further accident, — long enough, at least, to procure help from other vessels, some of which were near at hand, while others, if needed, could have been procured from New York within a few hours. The sea was doubtless as heavy as it had been, but the force of the wind had already greatly abated, and contin- ued to decrease rapidly, until at 3 p. m. it was but a moderate breeze. Considering this great decrease in the strength of the wind it is most piobable that the Plymouth Eock, had no further accident occurred to her, might have maintained her anchorage without going ashore for a considerable time, — long enough to obtain any other help she might have desired. �In my judgment, therefore, the Germania cannot, upou the evi- dence, maintain her claim to the high merit of having saved the Plymouth Eock and her many valuable lives from disaster, which, if justified by the proofs, would have entitled her to large compensa- tion. But the circumstances at the time of the accident were none the less such as to justify great apprehension. That the gale would con- tinue to abate could not then be known; had it increased, the situa- tion of the Plymouth Eock might have become critical. The business of the Plymouth Eock was with passengers exclusively. Her first duty, when disabled and in peril, was to provide for their deliverance as speedily as possible, not only from actual danger, but also from the terror and sufiering of long exposure to the apprehension of ship- •wreck. To the enterprise of the Germania, cruising in tempestuous ��� �