Appeal from the District Court of the United States for the Northern District of California.

Edward C. Dean, appellant, brought a libel in rem against the whaling vessel Thrasher to recover $000 damages on account of alleged breach of the contract of good treatment. Appellant’s allegations are, in effect, that he was a mariner, and, after signing shipping papers, went aboard the Thrasher in ¡he month of February, 1908, to go as a seaman for a whaling voyage in the North Pacific and Arctic Oceans: that in April, 1908, while the vessel was in Bering Sea. fast in ice, with the temperature below freezing, the master of the ship, without justification, caused libelant to be, sent alol't, and there to be kept for about an hour and a half scraping the main royal and top-gallant masts; that while scraping the masts libelant’s hands became so numb that he could not continue scraping; that thereupon said libelant was ordered down from aloft, and that the master caused handcuffs to be prut on libelant’s wrists, and his wrists, when handcuffed, to be placed below Ills knees with a pole placed over each of his arms at the elbows, and under each of his knees, rhe pole being lashed with stout ropes; that while so tied libel-ant was confined in the runway of the vessel for about 45 minutes; that after lie was released the master again sent him aloft to scrape the masts, and kept him aloft: for about an hour, when he was permitted to come down and to have one hardtack and a cup of water, aud was then again sent aloft to continue scraping, and was kept aloft about an hour and a half.

Claimant denies the allegations of cruelty and breach of the contract of good treatment, and alleges, in substance, that during good weather the libel-ant was sent, aloft to scrapie the top-gallant mast as a. punishment for assaulting other members of the crew; that libelant persistently disobeyed the orders of the master, and was thereupon ordered to be put in irons. Claimant sets up willful disobedience of orders, and denies that a stick was put. under libelant’s knees so as to cause him any suffering unless his position v oukl continue for a long period of time. It says that the master told libel-ant that he could be released the moment he would declare himself ready to obey orders and submit to the master’s reasonable discipline; but that libelant willfully refused to obey orders, and therefore voluntarily remained in irons and confinement, but was released as soon as lie agreed to submit to the master's lawful orders. Claimant denies that the master caused libelant to lie sent aloft a second time without justification, denies that the master kept him aloft for about an hour, and says that the master kept him aloft a much shorter time, and only long enough to ascertain that libelant obeyed lawful orders and submitted to lawful discipline, denies that libelant was sent aloft a third lime, and denies all allegations of pain, suffering, and distress.

The issues were tried before the District Court, where it was decided that the evidence sustained the allegations of the answer, and that the facts affirmatively stated in the answer constituted a sufficient defense to claim of libelant for substantial damages. Decree was entered dismissing the libel with costs. Dibolant appeals.