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not estimate the distance she was off. A green steam launch came alongside the Skramstad when the ships were fast. He went on board the Skramstad. There was nobody on board. He looked down the engine-room and saw the water level with the cylinder-covers.
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Cross-examined --Before the collision he did not know how the ships were heading. He was on deck looking after the safety of the quarter- masters. It was before that he was able to read the Metropole Hotel sign-board; it was very large sign-board. When be received orders to take the boat to the Skramstad he could not say whether she was still afloat or not. To lower the boat and get away from the ship would occupy three or four minates. He received this order a short time after the Tai Cheong pulled clear of the Skramstad.
By His Lordship--They steered from the bridge on the Tai Cheong. The orders were given in English.
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THE HONGKONG WEEKLY PRESS AND
sound the bilges and reported that there was no water there.
By is Lordship-He reckoned that the engines made 350 revolutions to the mile; that meant without slips.
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a distance of about 300 yards. is Lordship would have to decide which story was to be beliored and would, it seemed to him, bɔ guided in a great measure in coming to that conclusion by theindications of the collision upon the hull of the Skramstad The collision was upon the port side, and the witnesses for the Tai Cheong had utterly failed to reconcile their evidence with that afforded by the damage done to the Skram- stad. They stated that for at least three minutes they were under a hard-aport helm and the engines going full speed astern, and a right- handed propeller, and under thes circumstances, they said, they came into collision with the port side of the Skramstad, His Lordship would have noticed the excruciating efforts of the captain and the chief officer of the Tai Cheong to reconcile these conditions. It seemed to him that they had failed utterly to reconcile the two statements that they were under a hard- aport helm and that they were then able to go into collision with the Skramstad in the way that the collision actually did occur. seemed to him that the indications showed that at the time of the collision the Tai Cheong must have been under a starboard helm. He would allude to one or two circumstances which strongly supported that view. There was one of the utmost importance-the angle of col- lision, and the place of collision being the port bow of the Skramstid. Another of great im- portanco in this case was the fact of the Perla going into collision with the port side of the Tai Cheong broadside at an angle of 45 degrees. If the Tai Cheong had moved in the way she said she did herself and had been under her port helm for so long and subsequently under hard- aport helm and engines full speed astern she she must have been heading well on for Hong- kong shore. If that were so how was it possible for the Perla following her to have come into collision with her port broadside at an angle of 45 degrees? She might well have done so if the story as told by the Skramstad was correct on under her that the Tai Cheong came starboard helm, for then her port side would This was a have been presented to the Perla. very important consideration in the case. If therefore the story of the Skramstad was to be believed that she kept this course on her slightly port helm and that the Tai Cheong came on to her in the way witnesses for the Skramstad would say she did that being so, it seemed to him there could be only one conclusion; and that was that the Tai Cheong was solely to blame for this collision. There was one Lo. other matter which he would allude His friend in his pleadings had said that Harbour was a barrow this part of the channel. He had said his Lordship would have no difficulty in coming to that conclusion. It seemed to him that that part of the case had been abandoned, because that statement made by his friend had been unsupported by any author- He had heard ity or by any evidence whatever. that the Straits of Messina were a narrow channel and the Thames also, but could not conceive that these had anything to do with Hongkong Harbour. He had a case here. His Lordship-You mean the Ancona might not go upon that.
This concluded the evidence for the plaintiffs. Mr. Morgan Phillips, in opening the case for the defendants, said the remarks he had to make would be a very slight modification of the state ments which had been made in the preliminary act and the answer filed on behalf of the Skram- stad. On the evening in question she was com ing into Hongkong from Amoy in ballast. It appeared that outside Lyeeman Pass she was boarded by two Chinese who some time had acted in the capacity of pilots, but the vessel remained up to the time of the collision under complete control of the captain. He gave the orders which were necessary from the time they sighted the Tai Cheong up to the time of the collision. When she had come well through the Lyeemun Pass, she was steered a course for Chief Engineer Wisheit of the Tai Cheong the bright white light showing.at the Admi- deposed that he had been 18 years' at sea and ralty Dock. This was the first visit of the captain chief since 1892. On 20th November last he of the Skramstad to Hongkong, but he had was on the Tai Cheong, lying at the anchorage made himself as far as he could thoroughly in the Harbour. He got orders to get the informed of the conditions of the Harbour and engines ready about 13 minutes past 4 o'clock. moreover had consulted a friend of his-the There Was an engine-room log kept. The captain of a Norwegian ship-before he left orders were copied off the blackboard and after- Vladivostock before he came down here. so wards entered in the rough log. On the day in that he was fairly aware of the conditions of question he saw the orders copied isto the the Harbour. They steered for this bright rough log by the second engineer. He checked light and when they were a distance of about these entries with the orders on the black board. 1 or 2 miles off saw the lights of the Tai At 5.15 the order "stand-by was given and at Cheong and the Perla following ber. The first 5.25, slow ahead." He moved the engines lights they saw were the masthead and green side himself. At 5.35 "half-speed ahoad" was tele-lights of the Tai Cheong; shortly afterwards the graphed. 5.40 "full speed ahead." and at 5.45 Tai Cheong opened her red light. Upon that 'stop; full speed astern." After that last order the captain of the Skramstad gave orders to was given and the engines had been working port the helm. This was done and she was astern for about three minutes he felt a shock afterwards steadied and continued on her course which he thought was a collision. Up to this in that way, the effect of that being that the time he had been working the engines himself white light they were steering for slightly and he wrote down the commands on the black- broadened ou the Skramstad's port bow. The board after 5.45. The order full speed astern Skramstad and the Tai Cheong continued on was written down by the second engineer and their respective courses showing red to red. lalso those previous to that. After the shock of IIad they continued on theses courses they the collision there was another shock after
would have passed each other comfortably, and they had gone astern some time. The next with no danger of collision. But suddenly as order was given at 5.57 stop; half-speed they approached each other the Tai Cheong's ahead ; and at 5.53 stop; full speed red light was closed; her green light appeared astern at 6. stop; slow ahead
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a 6.1 and she came straight on for the Skramstad. stop; full speed astern"; at 6.6 "stop]'; at When the green light of the Tai Cheong opened 6.11, "slow ahead"; at 6.15 “ stop"; at 6.35 they were so close that it was apparent to those slow ahead"; 6.36"stop"; 6.39 slow asteru" on the Skramstad that a collision woull ensue; the other orders had no importance as bearing at any rate that a collision was almost certain on the case. He thought when the order full was their opinion. Immediately the captain speed astern was given that they were fast in of the Skramstad saw this movement of the another ship. He thought it was the Perla Tai Cheong he ordered his helm to be hard- with whom they had collided, He did not aported. blew one blast on his whistle and think the Tai Cheong was making more than 7 telegraphed to the engine-room to put the or 8 knots when the order full speed astern" engines fall speed astern. In doing these acis was telegraphed. Her full speed was about the captain did what was necessary. There 10 knots.
was an answering ring from the engine-room and her engines were immediately put fall speed astern. These acts were done imme- diately-almost simultaneously-and he would submit that they were the proper orders to give either to avoid minimise the results of a collision which seemed to be imminent. The Tai Cheong struck the Skramstad on her port bow somewhere about the break of the forceastle at an angle of some- thing like 25 or 30 degrees probably greater. The engines of the Skramstad continned full speed astern until she was finally beached near the Hongkong shore and her propeller went out of the water, and then her engines were stopped. For about 15 minutes, the Court had heard, the two vessels were fast together; the Tai Cheong had her stem well into the hull of the Skramstad. As the Tai Cheong stated and as he thought the Court would find the fact to be, the two vesseles when so together gradually got nearer the Hongkong shore and altimately when the Tai Cheong got clear of the Skramstad she had at the time some stern way upon her and got appreciably nearer the Hongkong shore after getting clear of the other Mr. Morgan Phillips-I candidly confess it ship. His Lordship would remember that the never struck me in that way. place of the collision was stated by the His Lordship-Well, I am inclined to think Skramstad to be at a place something about that. I do not know. half a mile from Braemar Point, a to the north of mid-channel-that was to say, the channel from Lyeemun Pass to Hongkong Harbour. The Tai Cheong had placed the place of collision very considerably nearer the Hongkong shore than that
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Cross-examined-- He was working the engines himself only from 5.45. From the time they left the moorings till that time the second engineer was working the engines and he was superintending. He took charge of the engines after 5.45 because he thought there was something wrong. He did not know where the second engineer was now; he was pail off the Tai Cheong on 30th December last. Wit ness had not seen him in Hongkong since then. It always required about au hour to work up to full speed after starting the engines even if ho had & full pressure of steam at starting. He had not а full pressure of steam that day when the order "full speed ahead" was given. He had a record of the revolutions made by the engines. From the time the engines were started till they were ran off the revolutions were 2,661. He could pretty nearly judge the speed of the boat from the revolutions. Those revolutions included those made when going astern.
Re-examined-The second engineer was dis- charged for being drunk while on daty. There were three engineers down below after the Tai Cheong started. He went down below when he heard the first telegraph ring. The second engineer looked after the starting gear. The third was principally at the oylinder valves. He was superintending and seeing that every command was being executed promptly. When the order "full speed astern \ was given he was working the engines the second was assisting; and the third was sent to
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Mr. Morgan Philli s--I have not said, your What I said Lordship. that it was a decision. yesterday was that the assessors were of opiuion that it was not a narrow channel. There was no decision in the case. With your Lordship's per- mission I shall read the judgment. "The asses- sors think that the entrance to the Harbour is not a narrow channel from a seaman's point of view, but as I am not satisfied on the evidence that the Kung Pai was on the wrong side, it is not necessary to come to a definite decision on the point, and baving regard to the decision of the Privy Council in the case of the Rhonda, I should have considerable difficulty in doing 80-- that is to say, in coming to a decision."
His Lordship-That means in coming to a decision the same as the assessors.
Mr. Morgan Phillips said that if that was in his Lordship's mind he would presently call his Lordship's attention to the decision in the case of the Rhonda, and hoped to be able to remove any such impression. It seemed to him that his friend, to bear out his contention that it