March 20, 1909.]
[Translation.]
Tokyo, February 27th, 1909.
My Dear Mr. Ambassador:--
I am pleased to acknowledge the receipt of Your Excellency's note dated the 26th instant relating to the interview of Vr. Song, Korean Minister for Home Affairs, which was published in the Asahi Shimbun of the 16th instant. Minister Song has not yet mastered the Japanese language, and is therefore unable to express himself satisfactorily in that language. The published interview ascribed to him contains not a few points which were misunderstood by Press reporters. Nothing, however, has so far been done with the interview, since it was published in a number of newspapers, and it is almost impossible to make any correction. If Minister ong made any such remarks regard- ing the American missionaries in Korea as he is represented by the Asahi Shimbun to have made, I am of opinion that such misrepresenta tion of the real facts would indicate the
Minister's ignorance of the conditions existing
in his own country.
During the Korean Emperor's recent trip to the northern and southern parts of Korea, I met a number of missionaries at Pingyang, where many of them reside, and had an oppor- tunity to ascertain that they not only take no
CHINA OVERLAND TRADE REPORT.
THE TYPHOON OF 1908,
A SHIPPING CLAIM BY THE HAMBURG-,
AMERICAN LINE,
Before Mr. Justice Bargrave Deane, sitting with two of the Elder Brethren of the Trinity Court of London last month an action was House in the Admiralty Division of the High brought by the Hamburg-American Line, owners of the steamship Vandalia, against the owners of the steamship Cranley and her freight, to recover the aniount of the damage vessels in Kowloon Bay, Hongkong, shortly sustained by reason of a collision between the
after midnight on June 28th, 1908.
chains of the Vandalia she struck the stem and
According to the statement of claim, the Vandalia, a screw steamship of 4,230 gross tons register, loaded with cargo, was lying in Kow. loon Bay in a good berth with both anchors out, direction. The wind was about north-east, force and with steam up, heading in a north-east about 11, the weather was rainy, with lightning, special watch was being kept, as owing to and the current was setting slightly west repeated signals from the various Government stations, and owing to the indication of the weather, ships in Kowloon Bay and the neigh bourhood had been thoroughly well warned that a typhoon was approaching, and the wind had steps whatever in opposition to the administra-regulation anchor lights were duly exhibited. begun to blow as the night drew on. Her tion of the Korean Government, but that they In these circumstances those on board the are in sympathy with the new régime inaugur- ated after the establishment of the Residency about ahead, driving down close upon them. Vandalia observed the steamship Cranley, General and are endeavouring to interpret to
The Vandalia's engines were put ahead, and the the Korean people the true purpose of that helm was put hard-a-port in order if possible régime. I am personally acquainted with many American missionaries stationed in Seoul, with
to keep clear of the Cranley as she drove down, whose conduct and views I am fully familiar.
but the Cranley, which had no steam up, still The fact that they are in sympathy with the
drove on without doing anything as far as new régime in Korea which is under the
could be seen, and after fouling the anchor guidance of the Residency-General, and that, in co-operation with the Residency-General, they are endeavouring to enlighten the Korean people, does not, I trust. require any special confirma tion. Not only is the attitude of the American missionaries in Korea what I have just repre- sented, but I have all along been recommending to the Korean Government a policy of not restricting the freedom of religious belief. I may also state that the Christians in Korea will continue to receive equal treatment with other subjects and to be dealt with only in case of distance violation of the laws of the country. Should the Korean Government undertake any policy differing from the foregoing principle, I, who am in a position to supervise that Government, will cer tainly not approve of it. I, however, presume that Your Excellency will appreciate the fact that a large number of the Korean people are unfavourably inclined toward Christianity, which is a new foreign religion. It may also be stated that among the many Korean Christians not a few are attempting to make use of that religion for inspiring the idea of independence. This. fact, however, cannot be regarded as due to the instigation of the American missionaries. They therefore, cannot be held responsible for such action, and I wish to make this explanation of the matter on behalf of the American mission-
port bow of the Vandalia with her starboard fore part, and afterwards struck the Vandalia along her port side, doing great damage.
According
circumstances those
crew
241
July 27 signals were hoisted, visible to both ships, that a typhoon was expected, and it was manifestly the duty of both vessels, which could not lie where they were, to be prepared. The master of the Cranley engaged a tug to take her out into the bay, and she was taken to the same anchorage where she met a typhoon before. She was brought to an anchorage about 6 p.m., and the Court accepted the bearing as to her position
as accurate. The Vandalia' steamed out to her anchorage about 11 p.m., and she gave cross bearings as to her position, which he believed the Cranley was N.E. from the Vandalia at also. Taking those two points, he found that
11 p.m. and distant something over four cables. The suggestion had been made that the Vandalia's story was untrue, and that it was too dark for her to take bearings when she came to anchor. He was sorry that the imputation 'had been with the Vandalia's evidence that she did take made, for it was not true. He was satisfield
that it did not follow that the weather would be bearings. The Elder Brethren advised "him very thick until the typhoon was at its height, and he was satisfied that the Vandalia could and did see the lights she said she did. The Cranley had let go her starboard anchor with 75 fathoms
of chain.
She only let go one anchor at first, and it was suggested that she ought thren were of opinion that it was wiser to to have let go both; but the Elder Bre- wait as she did before letting go her second when she brought up at 11 pm, and apparently anchor. The Vandalia let go both anchors
rode through she dragging. During the night the gale increased the typhoon without
and the weather got very thick. Both vessels swore they put up their anchor lights, at first oil, which later were changed for electric lights, and he was satisfied on that point. He attached no blame to the Cranley for not seeing the Van- dalia's lights before she did, her after light was observed, and those on the Vandalia saw the riding lights of the Cranley, but neither vessel saw the other till shortly before the collision. Vandalia said she saw the Cranley ahead of her about ten minutes before the collision, which took place shortly after midnight, when the Vandalia's stem came in contact with the star-
The
board bow and side of the Cranley, and the two vessels hung together for an hour, and separated about 1.30 am. The Cranley said that the Vandalia steamed up and struck her, and the Vandalia said that the Cranley dragged. Certainly one of the vessels must have moved. The conclusion he had come to was that the Cranley had dragged and the Vandalia had not. His reason for that conclusion was that the Court accepted the evidence that the Vandalia's bearings in the morning were the same as they
were
i
to the defence, the Cranley, a steel scrow steamship of 4,644 gross tons register, manned by a
of 42 ashore for an approaching typhoon, had on the hands, in consequence of signals being hoisted afternoon of the previous day for greater safety left the wharf at which she was lying under repair and had taken up a good berth in the anchorage ground whilst it was daylight, and The weather was overcast and very dark, a was riding to both anchors lying head to wind.
typhoon prevailing with squalls of blinding rain and spray, and the wind was blowing with The regulation electric anchor lights were hurricane force from a north-easterly direction.
from the time tho storm commenced and keep- burning brightly, and all hands were on deck ing as good a look-out as was possible. In these
on the previous night. The Cranley admitted that her bearings were not the same in observed, close to on their starboard side and a direction, and therefore would drag down on on board the Cranley the morning; she had dragged in a S.E. little abaft the fore rigging, a dark object, which the Vandalia, The Cranley was 3 cables to proved to be the Vandalia, and directly after the S. and W. of her original point of anchor- wards the Vandalia which was apparently under age, and she could not have got into that way, came on, and with her stem struck the position unless she had dragged. Her evidence starboard side of the Cranley just abaft the fore
was that her anchors did, not drag (until rigging a heavy blow.
Vandalia The Vandalia then fell the
came foul of her); alongside the Cranley, and, working her engines, those on
but board must have been mistaken, drew partly ahead, striking the Cranley several and they might not notice that the anchors were further blows. and remaining in the same dragging through the mud. He had no fault to position for some time ranging heavily against find with her up to that point, and but for one of the Cranley, which fact he would have held that the dragging and sustained serious damage, and was caused to
the consequent collision Was an inevitable drag her anchors. The defendants said that accident; but Elder Brethren advised him that nothing could be done on board the Cranley to on.a point of seamanship under Article 29 the avoid the collision, and that, so far as they Cranley was in fault. At 11 am. the master of were concerned, it was due to an evitable the Cranley knew that a typhoon was expected, accident, and they counter-claimed against the and he did nothing except to get a tug. He plaintiffs for the damage the Cranley had had no steam in his boilers, and he said it was sustained, alleging, inter alia, that the impossible to get steam up in the time; it would A tragedy which is likely to be attended with Vandalia, notwithstanding the warning storm take 24 hours. If that were so, he had not got fatal results occurred at the Rajput Barracks, signals, neglected to proceed to an anchorage time; but evidence was that at midnight, when Kowloon, on Sunday night. A quarrel arose before the typhoon commenced, was improperly typhoon was at its worst, he gave instructions among a number of privates regarding certain under way, or, alternatively, when she anchored, to the engineers to get up steam, and they got stolen property, and in the fight knives were freely used. Sawai Singh, the wounded man, was
it up by 10 a.m. when the Cranley went back stabbed in the throat. He is at present in the
under her own steam; so, in fact, steam was got up in ten hours. The Elder Brethren said that Station Hospital at Kowloon, and is not expected
had they been there they would have got up Mr. J. H. Kemp, the first magis-
steam at once. The facts showed that it could trate, yesterday proceeded to the Peninsula to
have been done by 9 p.m, and with the help of take his dying depositions. Two men have
her engines the Cranley could then have ridden been arrested in connection with the affray, and
to her anchors as the Vandalia did. The will be charged with cutting and wounding.
Cranley did not exercise that seamanlike pre- Should the wounded soldier die, however, the
caution which Article 29 required, and he held capital charge will be substituted.
aries in Korea. I hope that Your Excellency will publish this in such a way as may seem suitable.
I beg to remain, My dear Mr. Ambassador,
Your Obedient Servant, (Sgd.) PRINCE HIROBUMI ITO.
TRAGEDY AT KOWLOON.
to recover.
the starboard side
gave the Cranley a foul berth, and failed to carry proper lights.
Mr. Aspinall, K., Mr. Arthur Pritchard, and Mr. H. M. Robertson appeared for the plaintiffs; and Mr. Laing, K.C., and Mr. D. Stephens for the defendants
Mr. Justice Bargrave Deane in giving judg. ment, said that both the vessels had been lying at wharves at Hongkong, the Vandalia dis- charging, and the Cranley undergoing repairs, with no steam in her boilers. At 11 a.m. on
her alone to blame.
↓
༥