District Court, D. Maryland November 3, 1910 (The Everett)

ROSE, District Judge

(after stating the facts as above). In this case the schooner claims that there was not enough fog seriously to interfere with navigation or to prevent one vessel from seeing the other. It has produced a good deal of testimony to the effect that prior to 4 o’clock in the morning there was in those parts of the bay near where the collision happened no heavy fog.