The Hazel E. Herman

FOSTER, Circuit Judge.

This case comes up on a writ of error, which we will *28treat as an appeal. The record supports the following conclusions as to the undisputed material facts:

The British schooner Hazel E. Herman, with a cargo of intoxicating liquor on board, was attacked by “highjackers” on the high seas on August 9,1926, about 8 o’clock in the morning. The “highjackers” were repulsed, but the master and cook were seriously wounded. Thereafter the schooner hoisted a distress signal and proceeded in the direction of St. Augustine, Ela., and somewhere off the coast transferred the wounded…