THE HONGKONG TELEGRAPH, WEDNESDAY, NOVEMBER 25, 1903.
THE * EMPRESS”—“ KWANG:TA!" | for such a change if she could prove that she
COLLISION.
PROCEEDINGS IN ADMIRALTY.
(Continued from Yesterday,)
Shanghai, 14th November, Before His Honour Sir Hiram Shaw Wilkinson, Chief Justice, and Commander Moore, R.N., H.M.S. Sirius, Naval Assessor.
The Imperial Chiness Government, the owners of the cruiser Kwang Tai, v, the owners of the steamer Empress of India.
•
Mr. A. S. P. White Cooper and Mr. W. North Symonds appeared for the plaintiffs and Mr. E. H. Sharp, K.C., and Mr. W. A. C. Plast for the defendant company.
Mr. Sharp-The whole question turns on the point as to whether the Kwangtaf ran into the Empress, or did the Empress run into the Kwangtai? His Lårdship had asked a question as to the swinging and on that point a few observations huid nécurred to him to which he
was forced into it by the "close shaving" of another ship. That doctrine is, a kind, of excuse a vessel inay adopt for a wrong manoeuvre which is occasioned through stress and necessity. But she has said she never changed her course; if she had said, with the best intentions in the world, she had been some changed, there would have excuse; hence the collision. He again wished to say that the doctrine of close that situation, is shaving, confined to used as an excuse for the ship which unfor- tunately changed her course. But he denied there was any close shaving on the part of the Empress. Had both vessels stopped, there might have been a question as to that. It is inconsistent with the case of the plaintiffs who pay the course was kept. He thinks he could challenge his friend to bring up with a ship even half a mile away and call it lose shaving; be was confident there was not such a case
throughout all the Admiralty law.
Now as to the question as to whether the would refer again presently; he would ask his Empress was wrong in not reversing both Lordship to accept certain premises as to thengines is a point which cannot be raised now. basis of calculation that the ships, were onOnly that morning he had read, that only s parallel or slightly divergent courses until breach of a regulation must be alleged, and it
11.38 p.m.; he meant by this that they were practically parallel. At that time the Empress was 4 off and he assumed the Kwangtai kept her course.
His Lordship: You had better leave every thing alone about the Kwangtai for the mom ent. According to you, the vessel would go on converging.
Counsel: Yes, I understand that the sugges tion is that Captain Marshall is telling the truth and thought that the courses were diverging ́instead of converging and he may have made an important mistake. It occurs to me that the
Empress came up slightly converging to the extent of 4 and I put it broadly that those on the Fmpress could not have failed to note, as they got into quarters with the Kwangtai and at much an acute angle, that they were run- ning into the stem of the Kwangtai, It is
ibernceivable that she could not have be come aware of her mistake. But I have a much stronger point. I submit that the
also was incumbent on the plaintiffs to say
which breach of a regulation had been com
mitted.
However, if a collision had to occur, it could not have taken place under more favourable
conditions; had the Empress reversed bath en-
gines and have practically kept her course, she would undoubtedly have run into the Kwang- tai somewhere amidshpis which would have resulted in a much more serious disaster; the only way for that collision to have been avoided | was for the Kwangtai to have ported. (Quota tons from Marsden 486 and go here rend.) The evidence brought forward on behalf of the
Intimations.
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Empress clearly proved those points that just before the collision there, was a junk on the port how; then a movement was made by the THE APOLLO Kwangtai which she could not justify. It had been clearly proven that had the Kwangtai changed her course, 'both ships would have passed each other in perfect safety. submitted to the Court, that both before and after the collision those in charge, of the
He
Empress did all that seamanship required, and as much as any officers of the Navy would be required to do.
I
His Lordship There is a point upon which should like to have the benefit of your argu- ment and that refers to the question of sea- manship in the case of the Seagull (Prob. g) Judgment in that case was that the overtaking ship was held to blame for having got on to a diverging course,
angie was as was stated by the evidence; allowing the widest margin to Captain Marshall's statement, it is quite possible that the margin did branden as the withess averred....... At 11.38 the ship should have been three quarters of a mile away, to half a mile away, and at 11.46, four points on their star board and about a quarter of a mile away. Taking the lowest, I do not think your Lord ship's assessors will say that I am speaking at hazard when I say that these positions taken alone would not cross one another for a matter of two or three miles. I am not very far wrong if I say two miles. It is clear that these vest sels should not have come into collision one with the other until one changed her course or swung around. Your Lordship must also re- ject that evidence that we were starboarding if your Lordship is going to bring us together, All that is proved by the evidence of the Cap-
tain, the man at the wheel and two other witnesses. They all could not have made a mistake.
With reference to the question of divergency, the approximate course had been worked out
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His Lordship: But you must admit that both vessels were going on the same course, and had got on your starboard bow by a point she was going on the same course and had to do to, or go ashore. All you have, to know is that she had got a point or your starboard THE CHINA & JAPAN TELEPHONE
bow, r-
Counsel: Yes. From 0.45 until 11.30 most of the witnesses, if not all; say that she sub-
His Lordship-Tut we have not that evid- | sequently hegan in open out. ence we should have on those points.
Counsel, continuing-We have strong evid- ence on the matter. When the course of the Kwangtai was again changed some three or four degrees, the port engine was reversed some considerable time before the collision. Your Lordship bas evidence that the helm was put hard over to starboard and that that manoeuvre was carried out; all the watch were оп the bridge expecting that the vessel would swing to port in a minute. At 11.46 a manoeuvre was ex- ecuted which brought the Empress another three points, and assuming that the Kwangia did not change her course, a collision was rendered impossible. I am willing to accept the original angle of impact, i.c. 30 degrees, On this hypothesis, it would appear the angle would be 49. All this can only be corroborat
His Lordship: No, I do not wish to infer that. You have got her one point on your starboard bow, but at that time you did not know on what course she was going to steer,
Counsel: We believe it was something like S. 71. It was a divergent course,
His Lordship; 't seems quite consistent with your argument as far as is known at the time Counsel: We have already submitted to your Lordship that the witness could not have been mistaken.
His Lordship: Oh, yes; they may have been mistaken as regards results.
Counsel:-1 de not wish to argue that point will consider. (References to other cases were now; it is an hypothesis which your Lordship here made at great length).
out of the way.
His Lordship: In fact you mean to say that ed by the witnesses and not in the light of any the other side say they were the overtaking observations, and also as to their positive state-ship and it was for the "other fellow" to keep ment as to what they did with their port engine, I am of opinion that your Lordship will come to the conclusion that the Captain committed wilful perjury. He would be quite content to leave that matter to the assessors,
His Lordship: What occurs to me is this, and you may correct it. You may rely on the. Empress having gone over 60°. You may also rely upon her having gone over 30' or 40° more, but what I wish to put to you is, Was it not a fact that she did not go over those 40" until the
time of the collision? As I take it, the turning
Counsel:-She took the worst possible means of getting out of the way of the junk and starboarded right into our bows,
Mr. White Cooper then addressed the Court.—Shanghai Marcury.
(To be continued.)
Intimations.
of the Empress brought her stern into the DEUTSCHE WRINGESELLSCHAFT
Kwangtai, or the Kwangtai in contact with hers.
Mr. Sharp: The evidence is quite different to that; the Captain says that between the risk of collision arising and the collision itself the lapse of time was but a matter of a minute or A minute and a half
In this case the experiment: was made by putting the engine astern as quickly as possible.
For the defence it was urged in regard to the collision that it solely arose through the Kwangtal changing her course; the Empress was bound to assume that the other verset- would comply with the regulations; the Empress would also assume that the Kwangtal would perform her duty and keep to her course. In this respect he would refer the Court to
Marsden, pp. 379 and 380.
He urged, therefore, that in the present case the Empress was not under the obligation to do anything, to keep out of the way of the Kwangtal, until, after exercising ordinary care, he should become aware of the Kwangtai's movements (Ronald, Prob. Div. 937). He first of all submitted that the question of "close shaving" therein referred to could not be raised at the present juncture in this caso; but a moment's Inquiry into the doctrine of "clora shaving, is this, A ship which has changed her course into a colljulon may excusa horself
DUHR & CO., COELN.
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GROSSMANN & CO. Hongkong, 16th October, 1903. [1259e
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For full Particulars, &c., &c., Apply to
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Ts;
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Intimations.
Kabutor
PURE
DELICIOUS
Ther
REFRESHING
may now be had in Cases of
1-
4 Doz. Quarts at $15.00. MACEWEN, FRICKEL & CO.,
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1st September, 1903.
[650e
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PRICE $toso per case of 48 bottles (quarts) or 6 dos, pints.
Special Prices for Quantities.
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SIEMSSE Hongkong. Toth January, 1903
& CO.. [595
Auction.
PUBLIC AUCTION.
THE Undersigned have received instructions
to Sell by
PUBLIC AUCTION,
POR ACCOUNT OF THE CONCERNED,
on
FRIDAY, the 27th November, 1903, at 11.30 A.M1,
at their... SALES ROOMS, No. 8, Des Veux Road, Corner of Ice House Street,
A VERY FINE COLLECTION OF CLOISONNE WARE,
Comprising. Assortment of VASES, SOAP BOXES, INCENSE BURNERS CAKE BOXES, WALL PLATES, TEA POTS, TEA CASES,
TRAYS, TOBACCO SETS, &c., &c., &c. NAPKIN RINGS, BUCKLES, FLOWER POTS, CIGARETTE CASES, TRAYS, ASH
and resumed at 2.30 pm,
N. B.-After I ot too the sale will be stopped
The above will be on view from Monday, the 23rd instant.
Catalogues will be issued. TERMS:As usual,
HUGHES & HOUGH, Auctioneers.
Hongkong, 20th November, 1903.
Notice of Firms.
NOTICE,
[13_70
have this day authorized Mr. M.
Mails.
NIPPON YUSEN KAISHA.
(THE JAPAN MAIL STEAMSHIP COMPANY.)
PROJECTED SAILINGS FROM HONGKONG, SUBJECT TO ALTERATION.
STEAMERS.
HIROSHIMA MARU
I. Nagao
IDZUMI MARU
J. de Lalande............ SADO MARU
S. J. G. Parsons..
SHINANO MARU"
W.Thompsen....
BOMBAY MARU.............
T. Murai....... YAWATA MARU A. E. Moses
DESTINATIONS.
SAILING DATES,
Daylight.
MOJI, KOBE and YOKOHAMA THURSDAY, 26th Nov., at (SINGAPORE, COLOMBO and FRIDAY, 27th Nov, at
BOMBAY........ MARSEILLES, LONDON & ANT-" WERP, VIA SINGAPORE, PENANO, COLOMBO and PORT SAID (VICTORIA, B.C., and SEATTLE,
U.S.A,VIA SHANGHAI, MOJI, KOBE
and YOKOHAMA gaurai
BOMBAY, VIA SINGAPORE AND
COLOMBO
Noon.
SATURDAY, 18th Nov,, al
Daylight.
SATURDAY, 28th Nov,, at
4 P.M.
TUESDAY, 1st December,
at Noos. ............NAGASAKI, KOBE and YOKO- WEDNESDAY, 2nd Dec., at
Noon,
1 HAMA
Through Passenger. Tickets issued for the Principal Cities in the United States, Canada and Europe. ia connection with the GREAT NORTHERN RAILWAY and Atlantic Steamers Round-the-World Tickets also issued. Between Moji and Kobe, 1st and 2nd Class Through Passengers have the Option of Travelling by the Sanyo Railway.
For further Information as to Freight, Passage, Sailings, &c., apply at the Company's Local Branch Office in Prince's Building, 1st Floor, Chater Road.
A S MIHARA,.
Manager,
Hongkong, 25th November, 1903.
NORTHERN PACIFIC STEAMSHIP COMPANY.
BOSTON STEAMSHIP COMPANY. BOSTON TOW-BOAT COMPANY.
PROPOSED SAILINGS FROM HONGKONG,
VIA
SHANGHAI, INLAND SEA OF JAPAN, KOBE AND YOKOHAMA, FOR VICTORIA, BC, AND TACOMA, IN CONNECTION WITH NORTHERN PACIFIC RAILWAY COMPANY.
Steamers,
Tacoma
1903-04.
Is
COMPAGNIE DES MESSAGEBIES
MARITIMES.
PAQUEBOTS-POSTE FRANCAIS.
NOTICE.
STEAM FOR SAIGON, SINGAPORE, BATAVIA, COLOMBO, ADEN, EGYPT, MARSEIL- LES, MEDITERRANEAN AND BLACK SEA PORTS, LONDON, HAVRE, BORDEAUX;
ALSO PORTS OF BRAZIL AND RIVER PLATE.
the" rst"December, 1903, "MANCHE" Captain Moirano, will be des 15 patched for SAIGON, with Mails, Passengers, 19 Specie and Cargo to Europe and Ports of Call for transhipment to S.S. Himalaya connecting at Colombo with 8.8. Sydney.
ON TUESDA, the Company's Steamship
Tons. Captains.
2,812 M. Ridley ......Dec. Victoria*...... 3,502 J. Truebridge... Dec. Tremontt .....,600 T. W. Garlick.. Dec, Lyrat 4417 G. V. Williams.Jan. 21 Shawmut...... 9,606 W. M. Smith... Feb. 20 Olympia* 1,837 A. Dixon
Will leave for Manila on the 28th inst.,
at Noon.
+ Cargo only. Steamers marked (*) have no second-class
passenger accommodation.
The attention of passengers is directed to the very cheap rates offered by this line to the Pacific Coast and to the Interior and Eastern Citics of the United States and to Europe.
Special rates allowed to members of Govern- ment Services.
!
Through Bills of Lading issued to Pacific Coast Points and to the Principal Cities in the United States and Canada.
For further Information as to Freight or
WHIGASA to sign our firm per pro- Passage, apply to
curation.
MIDZUSHIMA & Co. Hongkong, 21st November, 1903.
Wotel.
[14010
KING EDWARD
HOTEL.
A HIGH CLASS PRIVATE HOTEL,
LADIES' AFTERNOON TEA ROOMS.
PRIVATE BAR
AND
BILLIARD ROOMS.
Hot and Cold Water throughout. Electrically Lighted. Electric Fans (if required). Electric Passenger Elevator to each Floor,
Table D Hote at Separate Tables, For Terms, &c., apply to the
MANAGER.
Hangkane, 23617htsber, 1OME
For Sale.
FOR SALE,
frirod
INCANDE
SCENT, Gasoline, Lamps of all descriptions
from the best
makers.
Incandescent Manties,
Chimneys, Glober, Sha- des, &c., for Gasoline and
Gas Lamps at the most
moderate
prices.
DODWELL, & CO., LIMITED,
General Agents,
[8740 Hongkong, 25th November, 1903.
ORIENTAL
INSULA
STEAM
COMP
THE PENINSULAR AND ORIENTAI. STEAM NAVIGATION COMPANY,
STEAM FOR FRAITS, CEYLON, AUSTRALIA, INDIA ADEN, EGYPT, MEDITERRANEAN PORTS, PLYMOUTH AND LONDON, (Through Bills of Lading issued for BATAVIA
· PERBIAN GULF, ContimentAL, AMERI- CAN and SOUTH AFRICAN PORTS,) HE Steamship
T+
"CHUSAN,"
Captain W. B. Palmer, carying Hu Majesty'. Mails, will be despatched from this for BOMBAY,on SATURDAY, the 5th December, at Noon, taking Passengers and Cargo for th abert Po.3.
Silk and Valuables, all Cargo for France,
Cargo and Specie will be registered for Lon. don as well as for Marseilles, and accepted in transit through Marseilles for the principal places of Europe.
Shipping Orders will be granted till Noon only on MONDAY, the 30th instant, Specia and Parcels received until 4 P.M. on the same day. No Cargo will be received on board on TUESDAY,
Parcels are not to be sent on board, they must be left at the Agency's Office. Contents and Value of Packages are required.
For further Particulars, apply at the Com pany's Office.
G. DE CHAMPEAUX, Agent, Hongkong, arst November, 1903
Insurances.
NEW ZEALAND INSURANCE COMPANY.
FIRE AND MARINE
·ESTABLISHED 1859.
GAPITAL
(*.....................£1,000,000.
10040
HAVING Company, we are prepared to
AVING been appointed AGENTS for the
issue Policies of Insurance at Current Rates. REISS & CO., Agents.
Hongkong, 5th November, 1903. [13296 NORTH GERMAN FIRE INSURANCE COMPANY OF HAMBURG,
HE Undersigned AGENTS of the above Class FOREIGN and CHINESE RISKS
SIEMSSEN & Co. Hongkong, 19th May, that,
CURRENT RATES
To be Let.
TO LET
[ze
and Tea for London (under arrangement) wil NO. 1, RIPON TERRACE (in FLATS).
be transhipped at Colombo into a steamer proceeding direct to Marseilles and London other Cargo for London, &, will be conveyed Tid Bombay.
Parcels will be received at this Office until 4 P., the day before sailing. The Contents and Value of all Packages are required.
Shippers are particularly requested to note the terms and conditions of the Company. Bills of Lading..
For farther Particulars, apply to
E. A. HEWETT,
Superintendent, Hongkong, 23rd November, 1003.
CHRISTMAS GREETINGS IN
ADVANCE
HOUSES in WONG NEI CHONO ROAD
facing Race Course,
FLATS in MORETON TERRACE, facing
the Polo Ground.
OFFICES now in course of erection, Com NAUGHT ROAD (Bear BLAKE PIER), GODOWNS in BLUE BUILDINGS. GODOWNS for Coal or Yarn, PRAYA
EAST.
Apply to
14
N early opportunity to those WISHING A TO SEND GREETINGS to their RELATIVES and FRIENDS at Home.
THE HONGKONG LAND INVEST. MENT & AGENCY CO., LD. Hongkong, 12th November, 1903. [13590
TO LET.
CHEAPEST HOUSES IN THE COLONY,
Houses, 4 Rooms, Bath Rooms, Out
I have just unpacked a parcel of Raphael MORRISON HILL GAP ROAD. Nice Lamps fixed Tuck's XMAS AND NEW YEAR'S CARDS houses and Verandahs, Only $40 inclusive
up for Buyers of various pretty designs and description, of Taxes. ! free of charge. specially selected to suit the taste of young
and old
Very moderate prices and as usual to% count for cash,
H. KUTTONJEE,
Naphtha of the best kind kapt is stock.
TAI KHONG 00,
56, Lyndhurst Terrace, Hongkong, 17th November, 1903. (1375
WILD DELL BUILDINGS, No. 147 dis-WANCHAI ROAD. Comfortable and Ale Flats of 2 or 3 Rooms, from Say-Inclusive of Taxon
5. A. SETH, Land and Estate Broker Dalry Farm Co., Ltd. Cigoje Hongkong, fath September, 1903. * (916#
No. 5. D'Àguilar Street,
and
' ·
36 and 38, Elgin Road, Kowloon, Hongkong, zwth November, 1903,