380

a good distance off. Both ships were pro- ceeding in the same direction. Those on the Empress of India must have seen the craiser 30 miles from the scene of the disaster and been watching her for fully two hours. At the time the cruiser was going 94 knots, and the Empress at 14. There was plenty of sea room, and it was not a case of one ship overtaking another in a narrow water-way. The course of the two vessels was as nearly as possible parallel Counsel said that at 9.30 p.m. the cruiser's course was 8. W. by W. W.; the equivalent, to this was 8. 66 W. true. At that time the courge of the Empress was 8. 64 W. At 11 p.m. the oruiser's course was 8. 65 W., showing that she had edged out a little from the coast. The course of the Empress at 11.30 p.m. was 8. 68 W., which showed that she had edged in a little. The explanation for these slight variations was that the cruiser was passing outside while the Empress was passing inside

Pedro Blanco Island.

THE HONGKONG WEEKLY PRESS AND

sank after the collision. Mr. White Cooper pat in the bearings of the wreck, and continuing,

that one said

great

оп point which they differed W88 白宫 to whether

her cruiser had altered course, and said there

always great

were

tie

in d fferences the accounts of what people did on one ship, and how their action appeared to those on another. and al o pointed out the many discrepancies between the logs of the two vessels. In this case all the witnesses for the cruiser were Chinese, and he hoped the Court would make allow ances on that account. In the interpretation much of the real thread of the story was lost, and their evidence effect of the evidence of Captain Mah, who stated that he had been deputy commander of the Wong Tai for 10 years; and over 20 years He was on board the in the Chinese Navy.

would not have the

[Nóvember 21, 1903,

give any orders to alter the course. He could form au opinion from watobing the Empress's lights that her course was being altered. After the collision his vessel ported her helm by the captain's order.

The Court here adjourned.

He

On resuming the bearing of the case on the 7th inst., the examination of Chang, the navigating lieutenant, was continued. said that a few minutes after the collision he went below, and then noticed that some boats and a gun had been damaged. The gun was a the ship's side. Going further below, he saw 40 pdr., and projected more than a foot from the water pouring in, but did not know from here. He felt no anxiety when the Empress the way. He saw no junks near the steamer, came close, as he knew she must get out of

but saw a poor light on his port. He did think cruiser when the collision occurred, and he the steamer behind would pass very close, but described the build, tonnage, number of crew, if she passed a mile away it would be a very etc., and added that there were no foreigners on safe distance. (Mr. Sharpe said that would This was important as the defendants stated board. His watch was from 4 to 8 p.m.undoubtedly be so if it was a Chiuese man-

all lights were in proper order. He

Was of-war.) Witness, continuing, said the_ram asleep when the collision occurred, but

projected about 13 feet. It would take being awakened he went on the poop, and then minutes for a ship to turn in a complete circle along the crniser's port (witness here with the he was told to. (His Lordship interposed aud saw the starboard side of the Empress vrazing 700 yards in diameter. He knew it because aid of the model showed how the ships collided); said Mr. White Cooper was really cross-examin- He saw the stern of the Empress touch the porting witness and leading him) Witness said just quarter of the cruiser, and on examining the after the collision he saw some junks. They damage done found a big hole on the port quar- ter and the water coming in. He gave orders appro chel very close, but not alongside. to work the pumps. He then went on board the Empress, when the cruiser sank steru first. The fair copies of the logs (deck and engine- In cross-examination the room) were lost, witness stated that the cruiser could be easily steered. The engines had already been stopped

that the courses of the two vessels were divergent, while he, counsel, would adduce evidence to prove that they were convergent. As far as he could ascertain the Empress's course was inside the Pedro Blanco Island when those on the Empress would, he believed, say that when they first saw the cruiser's stern light it was right ahead, but as they got nearer it appeared on the starboard, so that it would appear that the cruiser was in the inside and the Empress on the outside course. After watching the cruiser's stern light for a couple of hours those on the Empress had plenty of time to make up their minds what to do. They should bare borne in mind the Regulations for Preventing Accidents at 8 a. (Counsel here read out article 24 of the Regulations, which provided that a vessel overtaking another should keep out of her course. Article 22 provided that a vessel which was directed by these ales to keep out of the way of another vessel, should, if circumstance permitted, avoid crossing ahead of the other )

Continu'ng, counsel said this showed what was the duty of those on board the Empress. The duty of the cruiser was laid down in article 21, which provided that if a ship overtaking another had altered her course she must show to the Court that she had good reasons to do so, and the alteration must be of a proper and right kind. These rules were simple, and known to all, so it was not necessary to say much about them. They simply meant that the Empress was bound to keep out of the way of the cruiser, and the cruiser was bound not to do anything to hamper or defeat the Empress iu that duty. The evidence for the cruiser would be given by the officers who were on watch. They unfortunately had not the captain of the eruiser, but the officers would say that he did the right thing and gave no orders to change her course, even when the Empress came nearer, as it was believed that the latter would observe article 24. Instead of which the Empress came straight on, and struck on the port quarter. After the collision the captain of the cruiser gave the order to port her helm, but the two vessels were then in actual contact, the stern of the Empress being against the port side of the cruiser, in whose side she must have cut a hole with her propeller, but as regarded that there was no certainty, as the diver's report had not been received. Immediately after the collision they knew that_the_Empress did the right thing and rendered every assistance, and the boats of both rossels transferred the crew and passengers of the cruiser to the Empress, with the exception of those already mentioned. The captain of the cruiser was coming down to the gangway when the cruiser went down and carried him with her. All agreed as to the state of the weather, and that all regulation lights were properly burning on both vessels, and each saw the other's lights for a long time. Mr. Sharp said they wore willing to admit that all the lights were in order. Mr. White Cooper said it was also agreed that the Empress was the overtaking vessel within the meaning of Art. 24. Mr. Sharp that while he did not attach much import o the fact, it should be remembered that and a half elapsed before the cruiser

|

when he came on deck.

Quartermaster Cheng Ya stated that he was on duty at the time of the collision; be received orders as to his course, viz: W.SS., from the He received no orders to alter the captain. course up to the time of the collision, and he never altered her course. He knew ships would not answer their helms when they were in col- lision. He did not see the collision. The cruiser answered her helm very quickly, but he could not say how long it would take to take her 6 points off her course. He saw no junks or fishing boats on his course.

He was able to tell the time, and always

carried his watch with bim.

He then

The navigating lieutenant, re-called, said that when the approach of the Empress was reported to the captain the latter said "Keep your course. The Empress was then six or seven miles astern. Witness knew the rules regarding avoiding collisions at sea, and considered that the captain of the cruiser did the right thing. At no stage of the collision did the bows of the two steamers Witness did not change his come into contact. course at any time during his wa ch for a junk. They had no collision mat on board. No attempt was made to stop the hole, but the pumps were worked. The cruiser sank in 14 hours. Witness then repeated his fora er evidence. added that it was not quite cilm; there was a No 2 force wind blowing, and described again the speed and course. He only had time to save the rough log; the other books in the chart-room were not saved. He left the Wong Tai in the The captain last oat just before she sank. was busy all the time sup`rintending the filling Direc ly the helm was Chan Kin Tong, 3rd officer of the Wong Tai of the boats and so on, said he had been 5 years in the navy. He was

put over the cruiser always answered at once. on the bridge when the collision occurred; there Sai Hui Ching, assistant ganner, gave similar were two men on the forecastle, and two muneridence, adding that he had been 7 years on astern on watch. another was on the lower the Wony Tui, and knew what a co'lsion-mat bridge. Before 11 o'clock they were steering WA". There were several on board. They wore w.S.W., after 11 the course was altered to W. not used because one was found too small. The by S. S. (Witness here gave evidence is to case was at this stage again adjourned until the lights.) He noticed no change in the Em-to-day. press's course from the fine he first saw her Captain Marshall in his evidenco said until the time of the collision. (By use of models that when be say the Wong Tai edging in he star- witness showed how the collision occurred) boarded his helm, and slackened speed, The It was about 8 feet from the stern where the cruiser's course was altered by abon: 6 points: Empress struck the cruiser. The captain was all the blades of his propeller were injured. One directing the navigation of the cruiser at the blade was bent in one, and another in the opposite time. After the impact both rewels drifted direction, while, had the propeller been revolving, away from each other. He was prepared to they would have all been bent in the same direc- swear that the cruiser's bow did not strike the tion. Ils could give no reason for the cruiser bow of the Empress, but the bonts came side by parting her course. The second and third side, thus causing the collision. He heard nofficers of the Empre a gare similar testimony. shouting from the Empress to port helm. In adding that in their opinion, had the raiser pot oross-examination witness teslified that the altere i her course there would have been no danger captain went backwards and forwa ds between of a collisi n. (The Chinese officers in Court the bridge and the lower deck during the night|showed gr at interest in the above evidence.) It watches.

was 1 to 2 minutes before the collis ou that the Chang Si, navigating lieutenant of the cruiser altered her course. The chief engineer Wong Tai, said he had been 17 years in the navy of the Empress gave evidence as to the damage aud 2 months on the Wong Tai. He corroborated to that steamer, aud expressed the opinion that the last witnes, and added that he was quite the damage was done by the rain of the orniser, familiar with th coast, and gave evidence as to and was corroborated by Mr. Newman Marshall, the weather and tide at the time of the collision, Lloyd's surveyor, who surveyed the Empress in and also as to the course. The course wou d do k. Evidence was then given by the quarter- take him outside Pedro Blanco Island. The first master in charge of the wheel at the time of the light on the Empress he saw was the masthead collision, which was the same as that of the light; that was about 11 p.m. The vessel was second and third officers of the Empress. dead astern, and he saw both the red and green lights. he would be about 8 miles off." He heard the captain say "All right," so he knew the captain beard the report of the 3rd lieutenant regarding the approach of the steamer. The Empress was then getting closer and closer. The captain of the craiser show d no anxiety. He knew it was the other vessel's duty to keep out of the way. He did not hear the captain

The Court after hearing all the evidence deferred the announcement of its decision.

The United States are endeavouring to secure the opening of Atije [? Wiju) instead of Yong-ampho, and are sending Mr. Allen, the Minister to Cores, to Chémulpo on board a warship in order to impress the Coreans.

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