The Const reforced Mr. BARNARD to section 260 of the Mercantile Shipping Act 1851.
Mr. BARNARD, on behalf of his client, consented that the proceedings should go on.
Mr. BARNARD, enters an objection as to mode of prosecture
That inasmuch as this is a Cuart of Inquiry into the loss or damage done through a certain collision between the British Steamer Bombay and another vessel the U, S. Oncida, 1 submit that the proper order of procedure is to call Captain Eyre and the rest of the Steamer Bombay's officers, before ouy other evidence is given from the persons on board the U. S. S. Oneida."
Objection overrated by the Court,
Mr. Da Lone asked that it may be distinctly understood at whose request the Court is called.
THE COURT Answered that it is called at the instance of Mr. Erue by Mr. DALZIEL.
It was that which led me to think that no harm was done I saw no lights or signals from the Dasida. 1 heard no I looked for signals but saw none. Did not see the gans. Oneida clew up her zails. I heard no sounds from the other vessel. My pilot called out to the other vessel "what do you mean." The pilot's name is Connor. Think he is an American. He never suggested to me that the other vessel was in danger. He agreed with me that we should see a rocket if they wanted our assistance.
The Court here adjourned till 1.30 P.M. Proceedings resumed at 1.30 PM.
1 received a massage from one of the English men-of-war at 6 A.M. on the morning of the 25th, to proceed to the scene of the collision. I think it was the Ocean. After a few minutes reflection I made the remark that I did not think I was justilled in going down, not knowing the extent of the injury my ship's bows had sustained. I sent for the chief offlder to ask what water was in the hold the crew
By consent of Mr. De Long, Mr. Eyne was first placed having been engaged all night in pumping water out of tha in the box.
Mr. De Love was allowed by the Court to conduct the case on behalf of the survivors of the Oneida.
ARTHUR WELLESLEY EYRE, sworn, statest: I hold a maater's certificate. I command the steamship Bombay I was in command of her on the 24th January. At 6.15 P.M. on the 24th inst., the lighthouse on Kanonsaki was bearing S. by E., the spit was bearing W. by N. as near as I could judge. I saw a light half a point on the port bow-a bright light. Shortly afterwards I made out two lights-side lights--a green and a red light. I ported my bela and kept porting till I shut the green light in. The pilot and chief officer stood by me on the bridge, I myself turned the steam whistle on. On shutting off the green light, my pilot said "We are well clear." "My an- BWET WAS No, port stil!." Port is the rule of the road. The steam whistle was then turned off. Almost immediate- ly afterwards, I obgarved the approaching vessel orossing my bows under full sail and steain. I stopped the engines. On his getting close upon me I put my helin hard a star- hoard to clear bim if possible. Immediately afterwards the two ships collided, our starboard bow striking the Onelio's starboard quarter, the shock not being great at ail-mcra like a grazo. I sent the chief officer down at once to see what damage was done, and if the ship was making any water. I said to the pilot, I don't think there's much harm done; if thore is we shall see a rocket-- that is if they wish us to come down to her." My engines were stopped for about ten minutes as near as I can say, The chief officer came up to me and reported that the ship was making water forward. I then said " I see no signal of distress, and hear nothing, so we will go on." The ship was making water and we had mails and passen- gers on board. But while standing looking in the direction of the russel astorn, I asked the pilot, "Supposing the ship was hurt or that I should require, where could I go for safety?" His answer was "There is not the slightest fear, there is the spit close by, and a ship cannot go down."
1 then came up to Yokohama. Even after we arrived, I thought so little of the collision that I had not the slightest idea of the disaster. I thought perhaps that I might have cut bis quarter gallery off-nothing else. I didn't know what ship the Oneida was.
from me.
To Mr. BARNARD.--I kept my helm aport even after I had shut out the green light. The Onside was under full sail and steam-tide and a strong wind with ber- going I should say, at about fourteen knots an hour. The Oneida must have been about a hundred feet from us when I observed her crossing our bows. I gave orders to stop the engines. Twenty feet more, and I should have cleared her. The Bombay was going about seven or seven and a half knots before I stopped the engines. The wind was strong against me. The night was dark but not cloudy. Could not distinguish a mau the width of a ship The Oneida, must have been about a mile from me when I first saw her light. Cannot say what time elapsed between my first sighting the Oneida and the collision. The Oneida evidently starboarded her holm. This brought the wind more on the quarter. I was on the bridge the whole time from about 11 A., when the pilot came on board, till 1 got to Yokohama. The pilot and the chief officer were on the bridge with me. The carpenter aud the gauner were forward in the bows, at their proper statious before the collision. The second officer was on the fore part of the poop; the fourth officer was standing by the wheel, to see that the orders from the bridge were attended to. My reason for sending a second officer ou to the poop was because some half an hour before the collision the quarter master did not answer my sigrals quickly enough. A seacannie and an able seaman were at the wheel. No one was in the chains. A man was there ready if wanted. I have never been in Japan before. I bave been 37 years at set. I have commanded a vessel for 20 yeare--sailing and steam vessels. I saw no damage to the other vessel, but I imagined that her quarter gallery had been knocked off. My pilot was of the same opinion.
hold, and transferring cargo. On his return he replied there were 91 feet of water in the fore compartment, and 15 to 18 inches in the second. I then said "I cannot go." A few minutes after that a note came on board from our Agent asking me to go. I was on the bridge at the time, heaving in short. An officer came to me with a verbal mee sage entreating me to go down to the place of collision. I made the remark that I was on the point of going. I hold a letter from our Agent asking me to go; but that I was going almost under protest; as I did not know the ex. tent of the damage done to the fore part of the ship.” I found that, on two occasions while going to the scene, the water gained upon us. This was reported to me by the chief officer; and it was only by casing down that we kept the water down by pumping and baling. The men were employed the whole time in pumping and baling, and transferring the cargo from one part of the vessel to another. My reason for not wishing to go was that I had so much water in the fore part of the vessel thut I-did not know the extent of the damage she had received.
To Mr. DE LONG-I can hardly tell the exact timo that I first sighted the Oneida; but I think it was about 6.15
P.M.
Do not think it could have been more than five or six minutes between that hour and the time of the polli- sion; but I am judging from the speed I think we were both Fosed going. Dropped anchor at Yokohama at 7.43 P.M. down engines at 7.25 P.. From the time I stopped the engines until I went on again was about ten minutes. Can- not say how far the ships had drifted apart when I went ou again. The Oneida drifted on into the dark, and was out of sight before the engines were turned on again. I looked with a glass behind, to see if could see a signal; but I could see nothing; therefore I went on. I first saw tho white light at mast head of the Quaidlo. Saw the s de lights at the same time about a point on my port bow. I have made a remark since that I believed I had taken the Oneida's quarter gallery off-nothing else, or to the effect that I had seen a hole in her, or a man being carried. Had I seen that, I should have stopped at once. I think my Pilot saw nothing of the kind. I did not hear any shout or hail from the Oneide. The ouly sound I heard was from my Pilot, My Pilot did not hear any shout. If the whistle of the Oneido had been blown, and three guns had been fired fifteen minutes after the collision, I think the breeze was so strong that I could not have heard them. The distance between the two vessels would also have been too great, and the Oneida being under onnvase might have impeded the sound. I stopped the engines.—it might have been two minutes before the collision: directly I saw there must be a collision. I was standing by the telegraph my- self.
I turned the steam whistle on with my own hand. I watched for some signal from the Oneida with my glassc8, for about a quarter of an hour after the collision occurred. The pilot stood with me. I did nou bail the Oneida. I was too busy with my own ship, and trying if possible to ease the collision; no one ha led from my vessel that I heard. My second officer has told me since, that he heard “steamer ahoy" called from the other ship, but that there was no answer. The concussion was very light indeed; so light I was that I believe the lady passengers didu's feel it. surprised, as I certainly bad thought that I should buvo been thrown off the bridge. The Oneida's gaff and mizen boom and part of her snit were left hanging on my bow. Was not entangled with her at all. The Bombay is built of irou; the thickness of the plato is about a quarter of an inch now, they wore originally fire-eighths of an inch. I found a spar sticking in through both sides of the Bombay ; the spar is about seven inches and a half to eight inches in diamoter-it is below tow water mark; but as the ship lies now, it is out of water. Don't know what thickness of iron and wood the spar had penetrated. I thought I was in a sinking position because my chief officer told me so. 1 told him to go down and ascertain the extent of the in- jary because it is usual to do so. The Bombay is built in compartments; no injury was sustained beyond the forward compartment. Nothing was reported to me which led me to hellove that any injury had been dono to the
second compartment; but it took some time to take the stores out before we could find out the extent of the injury. Had the forward compartment boon fali of water I could not tell bow far the injury to the ship extended. Tebould not have been in danger of sinking if the injury had ex- tended only to the first compartment. My motive for leaving the scene of the colliaian was this,--that I foned I was making water, that I had passengers and mails on board, and I did not know what injuries I had received; and again, not seeing anything in the shape of a signal from the Oneida, I naturally concluded that the injury she had sus- tained was slight and thas she did not require assistaune. By the water coming into any vessel I feared that some of the other plates might have been started. I couldn't get at them to see the extent of the injury. I asked the pilo if I could beach her, fearing that I might be obliged to do so. I couldn't ascertain the extent of the injuries Austained till I had taken the cargo out; didn't ascertain till yés- terday; didn't think it was necessary to report the cul- Kainn before the next morning, but kusw that the chief steward would report it to the Agent. I did.et liko to venture up to the sachorage on a dark night as i had never been here before. The next morning I steamed down to the scene of the collision and back without having made any repairs; but the crew were engaged the whole time in baling and pumping and transferring cargo. I didn't know what the vessel coming towards us was until I saw her lights, when I knew she was a steamer. The law is, when two ships meat ond ou, whether steamers or sailing ships, both port their helm. When two sailing vessels meet, I believe the rule is, that if one is on the starboard tack with the wind, she holds her own, and the port gives way. I think when I first saw the Oneida's lights she must havo been about a mile off I saw her distinctly myself; first the masthead light, and then immediately afterwarde her side lights. I can't speak quite positively as to the boaring of the spit, but with regard to the light it bore 8. 11° E. The Oncidi was half a point on my port bow, and I saw both hor side lights simultaneously.
to me.
To Mr. BARNARDI did not see any breach in the Oneida. No one on board at any time reported such, breack The first intimation I had of a vessel approaching was hearing a gong strack twice. I then looked with my glass and saw the light. Didn't see or hear a word from auy one that the Oneida's sido had been laid open; it was never reported to me and I never saw it. I knew that I had touched the ship on the quarter gallery. I never left the bridge. Don't remember when the second officer told ne of the Oneido's having hailed us. The Bombay is about 1 or 15 years old, but I won't be quite sure. I know she is one of our oarliest vessels.
To the COURT-At the time of the collision our owu lights were burning brightly. I know so because I YAW them besides they had only been sent up about half an hour before. When I saw the light my course was due North. When I struck the Oneida my head must have been about North east to north North east. My ship must have, I think, felt the starboard helm at the time of colli- sion. There was barely time to reverse the engines when I stopped; did not think of it. I think it would have been inspossible to reverse them. At the collision I had charge of the ship, not the pilot. Finding the pilot flying a pilot's flag, I believed him when he told mo lo had a license; it is not customary to ask to see a pilot's certifiente. I have never done so myself. The boaring of the pit was East by north-not West by north as I stated. I should Bay a good top-gallaut-sail breeze was blowing at the time of the collision. It did not moderate imme- diately after the collision. If I had turned round and ful-
314
lowed the Oneida immediately after the cullision, it would have taken the full balf an hour to come up to her at the spot where she is supposed to have gone down. If I had maintained the same rate of speed-but had she remained almost stationary, it would have taken me from 10 minutes to a quarter of an hour. The pilot gave me the position of the Saratoga epit. A steamer generally gives way to a sailing ship; and invariably passes under her stern. I did not hear any crash as of breaking timber when the vessels collided. I should think it must be about 15 to 18 miles from the anchorage to the place where the collision took place. It was almost immediately after the collision that I found the spar of the other vessel hanging on the bow. I did not at the time think whether the other vessel was smaller or larger than my own.
It did not strike me that I must have penetrated pretty far into the other vessel in order to take her boom. Don't know what spar it is stick- ing into our bows; we found the spar there by putting lights over the bows. As we were going up the barbour, we could see that it had penetrated right through. It did not strike me that the collision must have been very severo for a spar to have been thus driven through the bows of my ship. I wondered how it could have got there and was very much surprised at it. It was almost immediately at ter the collisiou that we discovered this spar. The Bombay carried seven bosts, two life-boats, two cutters, a mail boat, gig and a jolly bont. Her crew consisted of 93, all told. I have never collided with another vessel before. I do not know whether it is customary for two ships to communicate with sach after after collision, naless it is known that one of them has sustained serious injury. I am not aware who- ther it is customary for two vessels which have come into collision on a dark night to communicate in order to ascertain the amount of injury each has sustained. I sm not aware that there is any rulo for sigualizing damage to a ship at night. I should always fire guns, or send up a rocket, but I am not aware that there is any recognized system. I did not send up a rocket after the col- lision as I did not think it necessary because I was not in want of help myself. My opinion is that after collision at night it is not customary to communiqute unless a signal is made from one or the other of the ships, but I do Lot know if this is the recognized rule or not. My instrvc- tions as master of a mail steamer, are to stop for nothing but to save life. I was not aware that any life was in danger. I was firmly of opinion that that there was no danger to the other ship. My pilot told me that if there was any danger there was a spit close at hand. It did not once Occur to me to stop aud communicate with the Oneida, being so close to the anchorage. The spar sticking through my bows went through two thicknesses of iron and not through any wood. The distance between the sides of the how at the point where the spar entered is about three or four feet 1 should think. Ithought the spar must have been a spar from the quarter of the Oneida. I cannot account for such a spar striking me below the water line. I struck the Oneida abaft the mizen rigging. I did givo as one of my reasons for going on, that the pilot had told me the Oneida could be beached in case there was any real danger. It was what I should have done myself. I did not consider that the collision was heavy enough to injure the rudder or screw of the other vessel. I think it is possible that a spar from a vessel could penetrate and remain in the bows of nother vessel without the hull of the former vossel re- ceiving an injury. I was not stationary when the Oneida passed, and she shot past me; I could not thorofore have apokon her.
ARTHUR WELLESLEY EYKE,
(Signed)
Adjourned to 9 A.X. to-morrow.
EX