That the Steamer Bombay on the night of the 24th of January, 1870, in the bay of Yedo, ou a starlight, stormless night, in a deep water Chanuel several miles in width, collided with the American Man-of-War Oneida, causing her to sink in about twenty fathons of water; and besides entailing her loss, also caused the untimely death of one hundred and twelve men is an historical fact.
That this steamer, of monch superior tonnage to the Oneida; an iron vessel with a crew of ninety three men, and equipped with seven boats, after this collision stood on into port without lowering a boat or changing her course or making a signal, stands also admitted. That anchoring in a har- bour surrounded by men of war of nearly all nations, and with the Representatives of nearly all nations within easy communication, these officers saw pro- per to give no alarm during that entire night of what had occurred, but left the information of this most serious affair to reach those authorities by means of the efforts of survivors of the Oneida, and contented themselves with simply mentioning the circumstance of a collision having occurred, in such a manner as to give rise to no serious apprehension, and sending a similar message to the office of the P. & O. S. N. Co. thereof, connecting it with the quieting assurance that the Bombay had sustained no material damage.
That the Bombay, without any repairs, was able to, and did, on the following morning proceed to the scene of collision in safety and return here, are also unquestionable facts in the case.
These tacts, taken in connection with the exhibit of the Engineer's log of the Bombay, which, being entered up within a very few minutes after the col- lision, reads that about 6.15 o'clock of that day or evening her engines were stopped and that about 6.19 o'clock following were started ahead again (which I take for granted will be by all unbiased minds considered as conclusive evidence of the length of the delay made by the Bombay at the time of the collision. Indeed whether such action resulted in any actual stoppage of the head- way of that steamer which admittedly was pro- ceeding before that time at the rate of seven and a half to eight and a half knots per hour, I. leave to your honors to decide); and that the Oneida was heard by the officers of the Bombay to hail that steamer, and which fact was at once reported to her commander, make up a sum of facts which alone must shock the sensibilities of mankind. Thus, lear- ing out of consideration in this case the question as to whether the Bombay's commanding officer saw the horrid rent in the Oneida's quarter that at least some of their subalterns and one passenger saw: whether they heard the repeated hail of the Oneida's officers or heard her whistle or heard her guns said to be so plainly heard by many others much further off and in the same direction that the Bombay was from the Oneida; also setting aside as but the ebut- lition of fretfulness, the remarks of her Captain to the effect that "he had cut the whole quarter off of a damned yankee frigate" and "that he had served her well as he met her with her helm a starboard;" and also disregarding his refusal the next morning when requested by H. M.'s Senior Naval officer of this station to proceed to the scene of the disaster to rescue any survivors that might be found, and his protest against oboying even the order of the Agent of his company so to do; this court must find a suffis ciency of
grave and accepted truths, upon which, in passing, you must solemnly impress the seal of your approval or condemnation; thereby perhaps commit- ting at least one of the greatest maritime nations of the world to the policy marked out by your decision. I quite agree with the idea that the object of all law is not vengeance but justice, That punish ments are inflicted not that pain may be caused but that wrongs through fear of punishments may be 'prevented. I ask nothing at your hands from ven-
gence sake or from illwill to the accused. On the contrary, with you I would and will, so far as it may be done, throw the mantle of charity over all that it can be made conscientiously to cover; but I would that international law-that bond of union of all na- tions, that has no origin but common consent and common custom; has that no common arbiter; that is in fact but a great national moral code; may not be made powerless to punish crimes and prevent wrongs of a nature such as this; which, if allowed are liable at any time again to spread desolation and misery in numberless honses, besides seriously involving the amicable relations of Governments themselves.
With these hastily expressed views, without ar- gument of evidence or weighing of disputed facts; to a British Tribunal and to British justice I sub mit this cause for judgment.
MR. BARNARD then addressed the CoURT as follows:
With regard to what has fallen from Mr. De Long who represents the survivors and their friends, upon this Inquiry, which, no doubt, involves the important question as to the cause of the collision and the loss of life and valuable property, I feel, so far as the real and true questions at issue for your consideration are concerned, I have not so difficult or arduous task as I might have had to perform, for the reason that you are all quite competent from your nautical knowledge to decide fairly and equita- bly; and that whatever may have been your views impressions or sentiments previously, you will only be guided by the evidence, and not led away by the excitement of public outery, or other sentimen- tal or clamourous influences; but will calmly ar- rive at an equitable, just and satisfactory conclusion. And, in passing, I would say that I have failed to discover that this Inquiry merits any international notice or demands special distinction from other like collisions and occurrences; and I cannot iny- self see, what international issues, rights, liabilities or duties are involved.
In endeavouring to marshall the evidence given at this Inquiry, I would fain divide it into two seperate parts, as follows:
1st. As to what took place on board the Strs., Bombay and Oneida immediately pending their coming in view of each other, up to the time of actual colliding; in order to ascertain if it was caused by the persons in command and on board of the Steamer Bombay? or if not, through whose default or negligence it was caused ? and
2nd. As to the conduct of the Commander of the Bombay, Captain Eyre, after the collision; and whether he was justified from any cause or causes, (stating them, considering his damages and all attendant circumstances) in not going back, im- mediately after the collision, (when he had casu- ally examined his own damage), to look for the Str., Oneida, and offer assistance in case of need.
As to the first proposition this will call for only a few remarks; from the fact that you are better qualified as judges in nautical matters, to decide whether my client acted as became a seaman and navigator, and obeyed in every particular, the in- ternational rules of the road, by steering his vessel on the starboard side, but within the fairway, of this intricate, dangerous and narrow channel; which neither he, nor his officers or crew, had ever before penetrated.
The ovidence of the officers, crew and persons on board the Str., Bombay, shows, that Captain Eyre was most cautious, careful and prudent; being himself on the bridge, at his post of duty, with the Pilot, for a length of time before the occurrence; having all the officers and crew planted on watch at their respective stations; neglecting no usually observed precaution in entering and pursuing this circuitons channel, The night was dark; when
suddenly the commander and his numerous men on serious wavering doubt, sufficient to distrust Mr. the lookout discerned a bright light ahead, coming Yates's own belief, that he was doing wrong in star- towards them, and gradually they discovered a boarding his helm, in lieu of porting it, which lat- strange Steamer's light slightly on their port bow; ter would have carried the Queida quite clear, with and seeing that if the two vessels continued their a wide easy berth to pass in. Did Mr. Yates base respective courses, they would either meet end on his confident judgment upon his personal inspec- end, or pass so near as to involve the risk of a col- tion, or on the accuracy of the experience and ob- lision. Well, the evidence before you gentlemen, servation made by the navigating officer under clearly shows what took place on board the Str., whose orders he was acting. In several important Bombay, by the testimony of Captain Eyre and particulars, Mr. Yates's evidence conflicts with state- of those persons on duty under his orders, eor- ments made by other survivors, called by M, de roborated by the passengers, who are disinterested, Long evidently to corroborate each other. Again And I may say that all the persons from the Str., Mr. Yates very fairly admitted that he could not Bombay have given their evidence distinctly and be certain of what speed the Oneida was going froin clearly, without any sort of evasion or discerepancy. the fact that Mr. Adams, the midshipman of the They have, one and all, stated on oath, that sonie forecastle starboard watch, heaved the log for the minutes before the collision, Captain Eyre saw the first time in his life, and that he may have missed Oneida's three lights ahead, about half a point on a knot. And as to the statements made by the his port bow, and immediately ordered his helm to other survivors and outside witnesses called, surely be put to port, (which, like every other order given Mr. de Loug himself was not satisfied with his on board, was promptly and energetically obeyed,) bright specimen of a pilot, who seemed to know and kept it so until the Oneida's green light was little about the duties of seamen, and nothing of shut in; and when the pilot remarked they were the rules of the road in passing narrow channels; well clear of her, the Captain's reply was "Port and who only could remember such few matters still, let her go a little further." But all to no pur- as he thought might serve the interests of the other pose. The Onoida came right across the Bombay, side, which represented the Oneida's sufferers. As opening her starboard light, and closing her port to the exaggerated statements, (which cannot pos- one; when the Bombay's steam whistle was soun- sibly coincide with those made by Mr. Yates and ded, and her engines were stopped. But the Oneida the other fair spoken witness Anderson, the Oneida s still came on with all canvass set; and going before boatswain), made by remainder of the survivors, to- a strong N. E. breeze under sail and steam and gether with the man at the wheel and Brittany, was consequently out of sight and hearing, in no they were all more or less confused, and in other res- time, before they had time either to see or hear pects altogether unreliable; making statements heard anything in the way of sounds or signals. The ill- from others, with injured feelings, against the fated Oneida; being without any proper head per- steamer Bombay and those in command of her. For Bon, or Commander in charge, came flying along at instance, the witness Hiltz only remembered what a great rate of speed, while the executive and navi- he thought proper; and affected, contrary to facts, gating, as well as all the other officers, excepting to be on close and and intimate terms with Mr. de Mr. Yates, who was alone on duty on deck, were Long-which no one could believe likely. While it down below at their dinner; and he, having, just was sworn by Anderson, who gave his answers in before starboarded his helm, instead of porting it, a prompt manner, without regard to consequences, at the instance of the Navigating officer who had that he himself wished to lay alongside the Oneida, taken a glance and fancied he saw the Bombay's instead of leaving her, and so did the other men in green light in the hurry of the moment; when in the same buat, who all declared they could see point of fact, it was bis red light and that on his no large junk, with large square sails, going fast port bow. In his anxiety to do right in that em- before the wind; or any junk of any kind, Aud ergency, Mr. Yates may have been mistaken; and Mr. Crowniushields informed you that when he got must have been if the persons on board the Bombay clear from the wreck, there were lots of persons spoke truth; because, in that case, it was a physi- floating and swimming, who could have been put cal impossibility for him to have seen the Bombay's into the other boat bad it not been taken away by green light two points on his, the Oneida's star- some one who was not the proper officer in charge board bow. His evidence on this point was very of it. Thus the survivors disconnected and tre- indistinctly given, and incongruous.
quently incredible assertions, uncorroborated, can-
Again, his evidence upon other less important not, I feel sare, be relied upon by the Court of In- matters was conflicting, and therefore unsatisfactory. quiry; whereas the clear, ovident, distinct, circun- He, no doubt, desired to be candid and tell plainly stantial declarations made by Captain Eyre, his all he knew but let us see what were his means of officers, passengers and crew, could not be upset or acquaintance with what he narrated to the Court? altered in any way, by all the legal acumen and in- I believe that Mr. Yates intently persuaded him- genuity of Mr. de Long's cross examination. self that Mr. Muldaur, the navigator, had seen the YOUR HONOUR AND GENTLEMEN, with regard to Bombay'a green light before he went down to din- the second question, which in the eyes of public ner; but, in fact, the Bombay was then far off; opinion, is more important than the first proposi- and had only just shown her bright light when tion; viz. Was Captain Eyre, under the circum- Mr. Muldaur went below saying he thought it was stances of his having received bad injuries to bis her green light. And it was probable, if not na- own vessel, (the extent of which might have been tural, that Mr. Yates took an idea from this un- mach greater, and the extent and nature of which certain statement made by Mr. Muldaur on lear- could not be found out in, say, about ten minutes-- ing, to agree with him, without considering whe- the time the Bombay stopped after the collision), ther on not he personally had seen the Bombay's to blame for going on without tendering assistance green light at any time. Mr. Yates was the only by turning his vessel round, and endeavouring to witness who gave a connected, straightforward ac- find and overtake the injured one? And further, count of what he fancied occurred on board the what would have been the result, could the steamer Oneida immediately before and after the occur- rence; and he may have been swayed by the idea, or bins, that Mr. Muldaur could not be mistaken, But it was singular: if he was so positive that ho had done right in starboarding the Oneida's helra, How long would it take the steamer to turn why did he send down a boy twice to the wardroom, round? And was it possible, with the start the to ask Mr. Muldaur, navigating officer to come on Oneida had, to have overtaken her, even had the deck? There must, one would think, have been a steamer shown blue lights to direct the Bombay
Bombay's damages have been in open channel over- hauled, so as to be enabled to learn the real and true damage, and had the Bombay put back instead of coming on?
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EX