Morrison Waite

“ We were, therefore, as we thought at the hearing, compelled to consider and weigh the evidence on the question involved when that decree was rendered. We are clear now, as we were on the first hearing, that the presumptions in favor of the correctness of the two decrees below have not been overcome. If one set of witnesses are to be believed, the decree is right; if the other, it is wrong. There is, to say the least, no such preponderance in favor of the appellants as to justify us in overruling the decisions of the two courts below. ”

“ All the exceptions that were argued in the court below or here relate only to questions of fact, depending on the weight of evidence. The court omitted to find the facts, and the case comes here on the evidence. ”

“ Two courts have already, on the same testimony, decided against the 'Sabine' and the insurers of her cargo. As long ago as 1861 we said, speaking through Mr. Justice Grier, in the case of The Ship Marcellus, 1 Black, 414: 'We have had occasion to remark more than once that when both courts below have concurred in the decision of questions of fact, . . . parties ought not to expect this court to reverse such a decree by raising a doubt founded on the number or credibility of witnesses. ”