took place in the wardroom. I'm not sure if Mr. Yates was at luncheon or not at the time. I did not hear Mr. Yates say anything about Captain Williams having been carried on deck. I was only in the wardroom for about 4 of an hour the whole afternoon. It is possible that I might have asked
how Captain Williams came on deck seeing that he was sick; but I don't recollect having asked it. I remem- ber that the doctor gave exactly the same account as Mr. Yates; saying that he heard the order to "port" given himself. I don't recollect that he stated at what time this order to "port" was given, whether long before the collision or not, I gave an account to Mr. Brunton of how the cause of collision had been described to me by Mr. Yates; also of what I had heard the Bombay's account was. Mr. Yates only told me that he saw the Bombay's lights, not specifying what coloured lights. Mr. Yates did not raention the bearing of the Bombay when he saw the lights; but the impression in my mind was that he would have done right in porting when he said he received orders to star. board his helm. I am sure that the conversation had re-
ference to a time previous to the collision. If I am now told that Captain Williams was not on deck until a few minatos after the collision, this fact would not in the slightest degroo shake my conviction that I understood Mr. Yates to say that Captain Williams had given him the order to starboard his belm before the collision took place. Considering the time that has elapsed, my memory may be at fault in detail, but not as to the general outline of the subject. I am clear that Mr. Yates said that the captain and Mr. Moldaur had ordered him to starboard his belt, and it must have been before the collision took place; sa there would have been no good in giving the order after it. At the time of this conversation, bir. Yates appeared to be excited from the fatigue be had endured; and I did not at tach much weight to what he said. I heard that Mr. Yates bad contradicted himself, and I was not astonished, con sidering that be was surrounded by officers of all nations, all asking him questions at the same time; besides he had gove through so much hardship and auxiety, that I saw his manner was strange. I thought he required sleep and
rest,
JAS, W. GAMBIER,
Lieut. R. N,
The Ceart bere expressed its entire satisfaction that the reports that had been made regarding certain statements which were said to have been made by Mr. Yates, on board the Sylvia, were without foundation; and that no further evidence was required on this point.
Upon hearing this expression of the Courts' opinion Mr. DE LONE stated that he would call no evidence, as had been his intention, to refute the report of what Mr. Yates had said, and for the same reason declined to cross-examine this witness.
DECISION.
The questions before this court are, First. Was the injury sustained by the Penin- sular and Oriental Steam Navigation Company's Ship Bombay brought about by the fault of her commander Mr. Eyre?
Second-After the collision had taken place be tween the steamship Bombay and the U. S. Corvette Oneida, what was the conduct of the master of the former vessel ?
er.
To enable the Court to decide the first question we have before us, shortly, the following evidence: Mr. Eyre states that at about 6.30 P.M. (corrected time) on the 24th January last, having passed the light house situated on Kanonsaki, his attention was called to the fact that a vessel was approaching him on his port bow. He thereupon looked through his glass, and perceived a bright light a point on his port bow; and immediately afterwards he saw the two side lights of the approaching steam- He imagined that the steamer (which, it is ascertained, was the U. S. Corvette Oneida), was about one mile distant from the Bombay, and imme- diately gave the order to port the helin, thus shut- ting out the Oneida's green light and opening her red light. Not content with this, he gave a second order "hard aport," and turned on his steam whistle, He supposed this to have occurred some five or six minutes before the collision took place: which would place about a mile or a mile and a half be- tween the two steamers at this point. He kept his helm "hard aport," until suddenly he saw the Oneida under full sail and steam, standing across his bows. Upon this he stopped his engines, and then
seeing that a collision was imminent, put his helm "bard a starboard" so as to bring his vessel round, and it possible pass the Oneida on his starboard side. The attempt, however, proved ineffectual to avert the collision, and the Bombay struck the Oneida on her starboard quarter. The vessels se- parated and the Bombay's helm was at once put to port in order to clear her stern and boats, and save a second collision.
On the other hand Mr. Yates, who was the officer in charge of the deck of the Oneida on this occasion, gave the Court a totally different account of the occurrence. He stated that the Bombay's masthead light was reported to him by the starboard lookout man as being in sight some fifteen or sixteen minutes before the collision took place, say at about 6.25 P.M. by his own account, and about half a point on his starboard bow. That at this time the "Oneida, which had been heading S. E. by S. was just reco- vering her former course S. by E. 1 E. That the Bombay came round Kanonsaki, passing to star- board; and thus opening out her green light, still one point on his starboard bow. That at this time he thought the Bombay must have been three miles off, but that the Oneida was kept on her course, as both he and the navigating officer thought that the Bombay would pass to starboard. Presently (the navigating officer having left the desk), he saw the Bombay at the distance of about a mile off, three points on his starboard bow, and heading directly for his green light. The opening out of all three lights of the Bombay at this in- stant showing him that she was approaching with a port helm, he at once gave the order "star- board, and then" hard a starboard." He believed that he opened the Bombay's three lights some three minutes before the collision, so that the ves sels must have been about a mile apart at that mo- ment.
Now these two statements are utterly irrecon- cleable; and though the collision is accounted for by each of them, it certainly could never have oc- It is therefore necessary curred if both are correct.
to look further, and see in how far each is subs: tantiated,
The statement of Mr. Eyre is borne out in all its material points by the evidence of the pilot and chief officer who were on the bridge with him; and also by that of all the officers of the Bombay who are able to testify to the circumstances.
With regard to Mr. Yates's statement, however, the starboard lookout man of the Oneida affirms that at about fifteen minutes previons to the col- lision, he reported to Mr. Yates that he saw a most- head light right ahead; and that as soon as he could make out one of her side lights, he reported her green light between one-half a point and a point on the Oneida's starboard how. About a minute or a minute and a half after that, he reported the steamer Bombay about four or five points on his starboard bow, and coming right for the Oneida's green light. But at no time did he see the Bon- bay's red light before the collision took place,
The helmsman asserts that he heard the Bombay reported three different times by the lookout to the officer of the watch-first, half a point on his star- board bow; secondly, a point and-a-half on his starboard bow; and thirdly, as coming right for the Oneida. That he received an order "starboard," then "steady"-and then to let the ship come on her course again, after the second report had been made; and that after the third report had been made, Mr. Yates again told him to “starboard": after doing which, he saw the Bombay's mast-head light about five points on the starboard side of the foresail. That he kept his helm hard a starboard, until he heard an order given to "port"; and that as he was in the act of obeying this order, the two ships came into collision,
It will thus be seen that the statements of Mr. Yates, the look-out man, and the helmsman, are more or less conflicting; but it may be gathered from them that when the Bombay's three lights should have been seen by the lookout man as well as by Mr. Yates, she was about three points on the Oneida's starboard bow, about a mile distant, and porting her heim.
Mr. Yates states that at this moment he gave the order starboard" and then "hard a starboard." If these orders had heen promptly obeyed the Court is of opinion that the ships could not have come into collision. But the statement of Albert Rugaart, the helmsman, shows that the Oneido's head was about S. E. when she struck, by which it would appear that she had only come up about three points in three minutes. So that Mr. Yates's order could not have been promptly oboyed.
Hence it is impossible to account for the collis ion by the statements of the survivors of the Oneida if these are unreservedly accepted."
We are of opinion that when Mr. Moldaur said to Mr. Yates that he could not go any further to the port or eastern shore and ordered him to re- sume his course for fear of running on to the Sara- toga Spit, he should, knowing that it was his duty to get out of the way of an approaching vessel on his starboard side, at once have brought the Bom- bay on his port bow, and so opened out his red light instead of simply resuming his course. That if, when a collision was seen to be imminent, the same promptuess had been shown by the Oneida in porting her helm as was shewn by the Bombay in putting ber heima hard a starboard, it might possibly have been averted; while, had it occurred, its ef- fects would certainly have been far less serious. It is shown by the evidence of the Oneida's officers, that at no time was the Oneida's speed slackened after the Bombay came in sight; and that although the Bombay was considered to be persistently breaking a rule of the road by porting, the Oneida's helm was, nevertheless, kept a starboard, and thus the judgment required to be exercised in order to counteract the presumed mismanagement of a11 approaching steamer was not shown,
These observations are not made as a judgment upon the management of the Oneida, which is beyond the province of this Court to consider; but simply in order to institute such a comparison aS is necessary to shew the grounds upon which the Court arrives at its conclusion.
If the statements of Mr. Eyre, his pilot and officers are to be believed, we judge that he was right in keeping on the starboard side of the chan nel, and that he acted perfectly aright in porting his helm as soon as he saw the Oneida's lights on the port bow. We judge that he should have slackened speed as soon as he saw the Onoida's lights; that he acted rightly in stopping his engines; that he had no time after stopping to reverse them; and that he exercised a sound judgment iu starboarding his helm when he saw that a collision was imminent, and that the Onsida's helm was kept to starboard, Upon a comparison of the foregoing statements we find that the damage which has been sustained by the Bombay is in no way attributable to the de- fault of her commander, Mr. Byre.
As regards the second question, which this Court is called upon to decide, viz, the conduct of Mr. Eyre after the collision had taken place, it may be observed that It has not been without long and se- rious deliberation among ourselves, and a most care- ful consideration of all the evidence adduced, that we have arrived at an unanimous decision.
We find from the evidence before us that on a dark but starlight night, the 24th January last, the steamship Bombay, through no fault of her com- mander Mr. Eyre, came into collision with the United States Corvette Oneida in the close vicinity
330
of Saratoga spit situated some ten miles from Yoko- hama.
That the effect of this collision on the Bombay was comparatively slight,
That guns were fired from the Oncuba as signals of distress from 10 to 15 minutes after the collision took place.
That the report of these guns was not heard, nor were the flashes seen on board the Bombay.
That after the collision, the fact of the Bombay having been hailed from the Oneida was reported to Mr. Byre.
That Mr. Eyre only knew that some of the upper works of the Oneida had been carried away, and was unaware of the amount of injury sustained by her.
That the Bombay was a mail steamer carrying passengers and cargo, and was built in compart ments, only one of which was reported to him as making water fast,
That the whole extent of the injury sustained by the Bombay was not ascertained till the day follow- ing the collision,
That immediately after the collision it was not considered to be serious, for had it been so, it is natural to suppose that the knowledge of the pilot would have been availed of and the Bombay run on to the Saratoga spit.
That in our opinion no danger to the Bombay, her passengers and cargo, was apprehended by Mr. Eyre,
That, from the questions he asked the pilot, he evi- dently thought that the Oneida might possibly have sustained serious injury,
That he waited at the most five minutes after the collision to see if signals of distress were made from the Oneida.
That after his ship again proceeded, he gave no orders that a lookout should be kept in the direc tion of the Oneida.
That had he or any one else been keeping a proper lookout, the flash of the Oneida's guns must have been seen, though their report might not have been heard.
Under all these circumstances it becomes our duty to pronounce whether in our opinion Mr. Eyre was justified in proceeding on his voyage without wait- ting to ascertain whether the Oneida was in need of assistance,
We recognize the fact that he was placed in a position of great difficulty and doubt, and in cir- oumstances under which he was called upon to decide promptly; but we regret to have to record it as our opinion that he acted hastily and ill- advisedly, in that, instead of waiting and endeavour- ing to render assistance to the Oneida, he, without having reason to believe that his own vessel was in a perilous position, proceeded on his voyage.
This conduct constitutas, in our opinion, a breach of the 33rd section of the 63rd chapter of the Merchant Shipping Act Amendment Act of 1862, and we therefore feel called upon to suspend Mr. Eyre's certificate for six calendar months from this date.
Kanagawa, 12th February, 1870.
1
FRED. LOWDER,
H. B. M,'s Consul, President of the Court.
ARTHUR TINKLAR, Commander H. M. S, Ocean.
DAVID MOORE,
Staff Commander of H. M. S. Ocean.
JOHN GILFILLAN,
Master of S. S. Bullau.
WILLIAM CHAPMAN,
Master of Rockcliff.
EX