Jones

This was a motion for leave to make new proof by taking the depositions of certain named witnesses for use on this appeal pursuant to the rules of this Court relating to appeals in admiralty.

It appears from the application that on the trial below these witnesses were called by the party now making this motion and objections to questions propounded to them were sustained by the trial court. It is said that upon such refusal to allow the witnesses to. testify the court also refused to allow the testimony to be taken by the court reporter pursuant to Rule 46B of the Admiralty Rules, 28 U.S.C.A. Thereupon the party producing the witnesses made offers of proof.

We observe that'the moving party considers that it is required to make this motion in order to preserve its right to claim error because of the rule stated in The Santa Clara, 2 Cir., 281 F. 725, 736, 737 . There it was suggested that a party in a case in admiralty does not preserve his record by a mere offer of proof, but that he must make a motion of the kind now presented to us.

The statement, which has attained great antiquity, that on an appeal in admiralty there is a trial de novo, has in modern times ceased to have…