Morris

About 4:30 a. m. of October 11, 1906, a collision occurred between the steamship Meteor and the tug Ada Warren having in tow a barge loaded with rock, resulting in damage to the ship, to recover which the present libel-was brought. The trial court found the tug solely in fault and gave judgment for the libelant, to reverse which the claimants of the tug brought this appeal. •

It is conceded that at the time of the collision the captain of the tug was asleep and did not come bn deck until after it had occurred. The tug was at the time in charge of a pilot named Oden, and there was also on it as lookout a seafaring man who seems to have disappeared; at all events, he was not produced as a witness by either party. There was also on the tug as a passenger a man named Miller, who, it appears, had had many years’ experience at sea, but who seems from the record to have then had some connection with the rock company. The collision occurred at a point somewhere in the Carquinez Straits. In the appellants’ answer to the libel it was, among other things, alleged as follows:

Subsequently the answef was amended by striking therefrom the clause reading:

*879 The answer was verified by D. O.…