Joseph McKenna

“ It would be open only to about three fourths of a point of the compass, and the Mayflower, at full speed, making at times 16 miles an hour, would pass the point of visibility, until, by changing her course, it would again become visible and be picked up first on one quarter, then on the other. When the light was first seen, the Mayflower was heading east-northeast, and the light was bearing north by west from her, a point forward of the port beam, and estimated to be from 2 to 3 miles distant. No other lights were seen on the Newfoundland until she was overhauled. ”

“ To Lieutenant Pratt, the prize master on the voyage up to Charleston, he said that he was bound for Vera Cruz.
'Captain Malcolm says in his testimony that his instructions were to go to Kingston if he found the ports of Sagua and Caibairien blockaded, and from there he was to cable for instructions, and that Kingston was his destination; that he had plenty of coal to get to Kingston, but not enough to go to Vera Cruz and then Kingston.
'It must be conceded that there is no proof of any attempt to enter the port of Havana; that is to say, no witness has testified to seeing her heading that way. ”

“ If it is the result of a mistake, there must be conclusive evidence of the mistake. It is sufficient to say that such evidence has not been adduced here, and the entry upon the log, confirmed as it is by the testimony from the Mayflower, fixes the position of the Newfoundland at 8:30 at a point about 10 miles from the Havana light. ”

“ It is very certain, if doubt came to him what to do, he would avoid the hazard of the seizure of his ship at the comparatively small sacrifice of the coal and time which would be consumed by going to Kingston the longer way.
It is further urged that when the Newfoundland was seen and pursued by the Mayflower she had not her usual lights displayed. This, the district court said, the testimony left in reasonable doubt. ”

“ It seems clear from this testimony that it was the intention of the shippers that the cargo was to be landed at Sagua or Caibairien, where the master was instructed that he would be met by pilots; and that Kingston and Vera Cruz were 'contingent' or provisional destinations. Neither Sagua nor Caibairien were included among the Cuban ports in either of the President's proclamations notifying a blockade.
'The Newfoundland sailed from Halifax on July 9. Her speed is about 8 knots; her registered tonnage, 567 tons. ”

“ He exhibits a chart on which he has marked his course, and says that at 8:30 he passed Havana light, being 17 1/2 miles from it; that at 10 o'clock, when boarded by the Mayflower, he was 21 miles from Havana light, which bore then southeast by south one-half south.
'Salkus, the mate of the Newfoundland, testifies to the boarding by the Tecumseh at 6:10, and that the Havana lighthouse and Morro Castle were not visible; that they started on their course at 6:30, and at 8:30 were abreast of Havana light, which bore south about 16 or 17 miles. ”

“ It follows therefore, that the decree of the District Court must be reversed and the cause remanded, with directions to enter a decree restoring the vessel and cargo, or if they have been sold, the proceeds of the sale, but without damages or costs. ”