The Fullerton

(after stating the facts as above). [1] The court below, upon conflicting evidence', the value of which de *835 pended upon the credibility of witnesses who were heard in open court, found that at and prior to the time o'f the collision the Fullerton’s bell was being rung in the manner required by the rules. That finding, upon well-settled principles, may be taken as conclusive, since there is no showing that it is against the decided weight of the evidence. It was conceded that the Fullerton’s anchor lights were up and were burning brightly. But the court made no finding as to the speed of the Transit, the darkness of the night, the density of the fog, or the precautions taken on board the Transit to prevent the collision. The court disposed of these questions by saying:

In so disposing of the allegations in the libel against the appellee, the court omitted to find facts which were material to the issues and which were proven by the evidence, and the case comes here for review upon the facts, so far as they concern the conduct of the officers in command of the Transit, unaffected by any finding, of fact of the court below. The E. A. Packer, 140 U. S. 360 , 11 Sup. Ct. 794, 35 L.…