The Fortitude

STORY, Circuit Justice.

The question now submitted is, whether the master of the ship, it being a suit on a bottomry bond, and the necessity of the repairs being denied by the answer, is a competent witness to establish the necessity of the repairs. The suit is in rem; and indeed no personal suit would lie against the owner. If the master is admissible to prove the necessity of the repairs, then it is plain, that, if a decree is obtained by the libellant, the master is discharged from all further resjjonsibility. So that he has a direct interest in the event of the suit under this aspect, and…