Page:Federal Reporter, 1st Series, Volume 9.djvu/936

 THE B. C. TBBRT, 921 �tlie empty barrels at $1,544, — aggregating $9,794. It was not ques- tioned by the respondents — claimants of the schooner and cargo — that the aid rendered by the steam-tugs was salvage service, but they contested the legal riglit of the libellants (with whom is included the intervenor) to be awarded the quantum of compensation demanded. �The steam-boat Wheeless, partly laden with cotton baies on deck, while lying at a wharf in the city of Savannah, caught fire, and about 15 minutes afterwards left her moorings, and, the wind being south-westerly, drifted in a north-easterly direction, and ultimately came in contact with the schooner B. C. Terry, lying at anchor mid- way the river, with her head up stream, striking her on the windward or port bow, abreast the fore-rigging. The vessels became entangled, and floated with the stream and ebb tide, until brought up near the left bank by the Terry's anchor, which, on the approach of the burn- ing steani-boat, was hove up; but when they collided the chain was paid out, and the anchor again took the bottom, and, I apprehend, dragged awhile. Presently the steam tug-boat Bramell came to the windward, and ahead of the Wheeless, — she and the schooner being then on fire, — and towed her away from along-side the Terry. Just at the time the Wheeless was being towed off, the fiames from her and from three baies of cotton, which had fallen from her deck upon that of the Terry, were sweeping the schooner, and had set on fire her sails, rigging, spars, waist, and parts of her upper works, which burned rapidly, and continued to burn until subdued and extin- guished by the tug M. T. White, aided by the Bramell and Forest City. �The libellants assert a derelict salvage; that during the entire time of the service of the steam-tugs, respectively, the Terry was abandoned by her crew, without any intention on their part of return- ing to her, or any hope of saving or reeovering her by their own exer- tions. If 80 abandoned, she was derelict, although she was after- wards saved by the crew that left her, they having unexpectedly received assistance. 2 Parsons, Shipp. & Adm. �In this case the master and mate and two or three of the crew twice returned on board the schooner before the fire — at least in one instance — was extinguished, but there is no pretenee that they saved or assisted to save the vessel. �1. As to the abandonment I shail give the substance of the testi- mony on this question. The depositions are lengthy, and many por- tions relate a variety of matter not pertinent to the issues for decision ��� �