THE HONGKONG WEEKLY PRESS AND
Mr Slade That seems unreasonable, my Lord, I am not going to cross examine ou that point.
lights were well open. After I anchored I saw. The chief officer again gave evidence. He her suddenly alter hér course, and show her said that two river steamers were proo eding green light as well as the red light, and then on a N.F. course near the Wongkoi about the green light only. When I saw this I remained time of collision. The Wonykoi was practically on the bridge. though I was about to ring-off stationary for about five minutes immediately the engines I thought there might be a colli-previous to the collision Witness bore out the sion. When I saw her coming so close I put captain's statements regarding the working of my engines to full speed ahead; I thought the engines; he knew when they were going .she was trying to get under my stern astern by the shaking of the rigging. He let I do not think my ship moved because there out: 0 fathoms of chain, which was tightened was no time. The Ujina struck me at a little up by the sternward movement of the ship less than a right angle, an acute angle towards At the time of collision we were heading east the stern of eighty to nin ty degrees. The or something south of east Wongkoi wa struck on the starboard quarter about 27 feet abaft the mainmast. The blow listed the Wongkoi over, till she nearly had her port rail in the water. The Ujina was a much bigger ship, and much higher out of the water. Deep loaded as we were our rail was about twelve feet out of the water. The Wongkai was still swinging at the time of the collision; I think we had swung almost east, but perhaps a little south. I regard this as a usual anchor- age, and very oft n anchor in this neighbour. hood for the n ght, going to my proper anchorage next morning. My ship has a single screw, right-handed propeller. It was a clear dark night, and calm. I could make out the shape of the Ujinn's body through my glasses. Cross-examined-Our usual anchorage is out- side the buoys in the best place so long as it is not in the fairway. I took bearings on the night of the 3rd August when the moon was up, and the second officer entered them in the rough log book Green Island bora 8. 56 W. and Stonecutter's (north point) N. 14 E. We were about two and a half cables from the
buoy. I let out thirty fathoms of chain when I anchored. When I saw the green light of the Ujina, that determined une to stay on the bridge.
Mr. Slade explained that the Ujin ́t would have pasted under the stern of the Wingkoi when suddenly the red light appeared. The helm was immediately put over and the collision resulted.
Cross examined -We had a Chinaman stand- ing by each light. Our ships always follow this practice-not: ne man for both bridge lights.
saw the man blow out the port light. His Lordship-You must note the seriousness of the question, when you are asked if you are speaking the truth in sayin that you saw the man blow out the port light. Three or four of your profession, sailors, swore they saw that light or some other light. They did so or they are speaking falsely.
Witness-I saw the man stop to put out the light; he afterwards passed me, and if it had been alight I should have noticed the glare.
Re-examined-I usually stand on the port side, when navigating the ship; my junior officer is on the starboard side.
Hon E. H. Sharp-A witness I tender, my Lord, is Capt. Morrison, who is prepared to say that he is aster of the only Standard Oil Com. pany's steamer using oil in her side-li.hts— the ethers use electricity-nd that it is the practice in his ship to blow out the lights on the bridge.
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Witness corroborated the master's evidence regarding the manoeuvres of the Ujin. her lights. etc. The forward riding isht was 34 feet above the forecastle head deck; the after one sixteen feet higher than the poop deck; while the decks mentioned were two feet higher than the lower rail. that occasion the Uj's forecastle head was as high or higher than the Wonghot's bridge; he thought higher. The boatswain always had instructions regarding the st tioning of his It was a rule to extinguish the lights as. soon as they were taken in.
Capt. Barnes-Lawrence asked witness ques. tions with the assistance of models on a chart.
His Lordship-1 want to ask you whe her you are aware that the officers of the Ujina say they saw a rd light between your two white lights If that is so they could not have been the red light of the river steamer you
men.
8!W
(November 19, 1904.
· Mr. Sharp asked that the joint survey of (the Wongkoi be not made till after the Ujind's captain gave evidence."
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His Lordship agreed to this, but said that witnesses might be re-examined afterward.
The chief officer of the Wonɑkoi was recalled, and gave evidence, regarding the draught and speed of the vessel.
The second officer of the Ujina then gåve` evidence. It was he who stood by the telegraph, and took the times of the various orders to the engine room.
The chief and third, engineers of the Wongkoi gave evidence, Mr. G. P. Lammert acting as interpreter.
The second officer of the s.8. Brunhilda depos- ed: On the date of the collision we came intò the harbour earlier in the day, and anchored near the Southern Fairway. I was on dock when the collision occurred; and I save the Wongkoi coming through Sulphur Channel. She passed us on the north side. We were head Oning about S.W. I was standing on the starboard s de of our vessel. I saw the Wongkoï's green and mast-head lights. I did not see her red light at all. The Wongkoi passed us very slowly through the water Shortly before she anchored I heard three blasts on her whistle. I heard her drop her anchor. I saw the green light. and mast-head light disappear, and saw the anchor lights going up. I saw the Ujina long before the collision. At first she looked as if she were going close to the land, as if she were going between the Bruqbilda and tiongkong Island, I at first saw the red and mast-head lights. I thought she was going full speed. The Ujina suddenly showed a green light, and went in a northerly direction towards the Wongkoi, She passed about two ships' lengths from us, drop- ped an anchor, and afterwards collided.
The case was here adjourned.
IN SUMMARY JURISDICTION.
Witness thought they could, and explained the matter with the models The light could be seen above their awning. a height of the
water of seventeen feet.
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Capt Barnes-Lawrence I do not think it could have been seen, my Lord. I think that at that distance, a mile, one would not be able to see such a red light over this vessel; I do not BEFORE HIS HONOUR T. SERCOMBE SMITH. say it is impossible, but I do say it is highly improbable.
Capt. Barnes-Lawrence took the figures and bearings to work out,
Cross-examined-When the Ujina was half a-mile away I think this river steamer's red light would be seen across our bow.
is Lordship commented on the fact that the Wonykod's slacking out chain might make a red light on another steamer appear stationary. Hon. E. H. Sharp said he had just then learned that Messrs. Butterfield and Swire's river steamer Pak Kong was leaving Hong- kong, and in that vidinity about that time. He had sent ur. Gedge, to ask about it.
Mr. Slade They never asked any of my witnesses any of these questions, my Lord. It is very hard.
His Lordship-No hardship whatever. Hon. E. H. Sharp-The case is simply developing; it is very interesting
Mr.
His Lordship-Even if she had a red light, that is no excuse for the Ujin not going astern. Slade-If they showed the wrong Frederick Sembill, chief officer of the Wong-light they are to blame unless they can prove koi, was sworn, and gave corroborative evidence. tha they did not contribute to the collision The harbour was very lively, many craft This is very strongly laid down; a ship having moving about.
once been found to blame for having a red curtain across a port hole.
His Lordship-What is the suggestion; is it that the red light seen might have been that of another vessel ?
Hon. E. H. Sharp-It is, my Lord. The case was remanded.
Wednesday, 16th November.
IN ADMIRALTY JURISDICTION.
BEFORE SIR H. 8. BERKELEY (CHIEF JUSTICĖ) AND CAPT. HON. BARNES-LAWRENCE, RN. (NAUTICAL ASSESSOR),
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N.D.E. 6.8. " WONGKOI V. B.I. 8.8, “UJINA.' This consolidated action-ss the result of a collision between the Norddeutscher Lloyd S. N. Co, as owners of the ss. Wongkoi, and the British India 8. N. o., a owner of the s. Ujina was continúéd: Ad Before, the Hon. E. H. Sharp, K.C., instructed by Mr. Gedge (solicitor of Messrs. Johnson, Stoked and Mastër), appeared for the N.D.L., and Mr. M. W. Slade (barrister), instructed by Mr. John Hastings | (solicitor), for the B. I. §. N. €6.
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Hon. Capt. Barnes-Lawrence said there were four ways in which the Ujina might have acted, supposing that she was very close to the Wongkot when the red light was first seen to be not a side light. The ship being under way, the commander had to act immediately. He could have either ported, star- boarded, stopped the engines, or gone astern. There was only one right thing to do, however. From the position of the two vessels, the Ujina should have either at once gone full speed astern, stärboarded more than she was doing, or ported as the circumstances of the case required. By porting in such close proximity to the Wongkot she collided. By putting the helm hard s-starboard she might have cleared, but it must be remembered that the Wongkot hrad stern way on. By going immediately astern, and the helm left to starboard, shé would have done the right thing.
Mr. Slade-She did go sworn. If a vessel showed a red light while at anchor, and a collision occurred, she is to blame.
Hi Lordship-That seems sound:
(PUISNE JUDGE.)
[
TSUI YUEN FIRM v. CHAN TSAT.
This was an action brought by the Tsui Yuen Firm, bankers at Canton, against Chan Teat to recover money lent under & Chinese document.
Mr. Otto Kong Sing (solicitor) appeared for the plaintiff firm; Mr. R. A. Harding (solicitor) for the defence.
The out-door superintendent of the plaintiff firm stated that on the 8th July defendant bor- rowed $150, signing a Chinese promisory note for same.
Mr. Harding objected to the document being put in under the Stamp Ordinance, as it was not stamped and was signed outside of the Colony. His Honour upheld the objection, and the plaintiffs were non-suited.
CHAN TSAT 3. HỌ RÙNG HỢP. This was
a cross action between the defen- dant in the former case and to Hung Hop.
Mr Harding appeared for Chan Tsat; Mr. Otto Kong Sing for Ho Hung Hop.
han Tsat said defendant owed him a bal-nos
of $122.20 for carrying at ne; -while Ho Hring Hop said he had overpaid (han Tsat $44.5.
Judgment was given in favour of Chau Tsat;
Thursday, 17th November...
IN ADMIRALTY JURISDICTION.
BEFORE SIR H. S. BERKELEY (CHIEF JUSTICE).
AND CAPT. HON. BARNES-LAWRENCE R.N. (NAUTICAL ASSESSOR),
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N.D.L. 8.8. * WONGKOI v. B.I. 8:8. “ÚÍÍNA.” This consolidated action-as the result of oollision between the Norddeutscher Lloyd 8. N. Co., as owers of the s.s. Wongkoi, and the British India S. N. Co,. as owners of the
8.8. Jjina-was continued. As before the Hon. E. H. Sharp, K.C., instructed by Mr. Gedge (solicitor, of Messrs. Johnson, Stokes and Master) appeared for the N.D.L., and Mr.- M. W. Slade (barrister), instructed by Mr. John Hastings (solicitor), for the B. I. 8. N, Co.
Hon. Capt. Barnes Lawrence said that he was misunderstood on Wednesday, as it had been reported that he was dealing with the red- light, as if it was not a side light. He really dealt with it as a red light mérélý, without any assumptions as to what kind of fight it Was;
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