engine-room, or any other part of the vessel. Witness conid only come on deck on the night of arrival, when he came up merely to give the order to cast anchor. If there had been bulwarka, they would not have saved the men from the tackles. If the ship had strong bulwarks, she must have foundered during the gale.
By Mr Brereton, who appeared to watch the case on behalf the ship, (through the Court): Witness did not know that the ahip had been surveyed before taking in the Chinuge passengers. Witness first com- mand was a steamer in July 1864. Witness had been frequently employed to carry Asiatics between porta in India, sometimes as many as one thousand at a time. Wit- ness had nearly always carried the pas sengers on deck between Caloutta and the Straits Settlements. There was no accom- Xmodation in the between-decks for them.
Witness was accustomed to carry passengers in that way on the coast of ludia, and the Straits Settlements. He had never lost a single passenger before.
Captain Thomsett said he might not have met with a typhoon before,
Witness replied that be had, and a very
severe one too.
Continued :-After he had been disabled to the time of arrival, he did not consider himself relieved from the responsibilities although he did not take an active part in the command of the ship.
John Smith, Chief Mate of the steamship Glenlyon, stated that he joined her in London on 9th September last. Witness held a master's certificate; he had com- manded a vessel in Liverpool. He left her in order to go in this steamer. He recollected the arrival of the steamer at Singapore on the 23rd October about 4 or 5 pm. They took in 2800 tons of cargo in London altogether, discharging about 300 tons at Singapore. The discharged cargo was heavy, consisting chiefly of copper. She took in about 300 tons of light cargo, chiefly of rattan, at singapore. The ship drew 21.3 and 18.10 when leaving Singapore. About 280 Chinese passengers were taken on board at Singapore. He believed that was the number, because the agents had told him 80, Witness did not count them. They came on board on the evening of Saturday, throughout the night and on the morning of the 26th. They brought their luggage and provisions with them. Their luggage was stowed on the upper deck, secured. They lashed the boxes themselves partly, and the crew lashed them partly for them. There was no place below the upper deck appropriated either to the Chinese passengers or their luggage. Water only was issued to them; they cooked their own meals in those amali clay stoves with charcoal brought by them. Fine weather was experienced from the 26th to the 30th. On that day the wind began to increase, and at 3 p.m. it was blowing a gale of wind. The barometer began to fall. Measures were then taken to secure the ship, and for the safety of the passengers and their luggage, some of which were atowed below in the forecastle, chart room and store room, As many as possible of the passengers were then sent down, others remaining on the top of their luggage. They were sent down to the water closets, bath rooms, mess-room, companion way, the captain's cabin, saloon and engine rooma, After this disposi tion, there were left about 40 on deck; these were on the midabip house, around the funnel casings. It was about: 54 feet long by about 20 feet broad. Some of the luggage was placed on the after part of the bridge. There were about äve Chinese lying on a horse box. There were 80 cases of acids on deck, and they caught fire on Friday morning (31st) and were thrown overboard. The Captain was in- jured about 8 am on the 31st. They were just finishing beaving the acids over- board. Witness saw some of the crew pick the captain up from the quadrant stand near the rudder. "He was sensible when witness saw him. He was carried then into the cabin on deck. He came out once when the engine room skylight was broken. The captain told witness that he was unable to move, and that witness must take charge of the abip. At 10a.m. 31st, a seaman named George Key was washed overboard from the relieving tackles. About an hour, or two, a Chinaman jumped over-
board from about the starboa d main- riggings. Witness saw him jump. The gale was very violent with a very heavy ses on about this time. Some very heavy seas were coming on board about the bridge. Considering the class of vessel, the abip was a very good sea-boat, a ship of the old construction might have made better weather. Witness saw three more China- men lying dead ; they were either killed or died of exhaustion. The bodies were lying before the after house, about the com panion way, bear the mizen. Witness knew of no other deatha either from per- sonal knowledge or by report. Witbess did not see any Chinese washed overboard. Witness wrote the ship's log (Mr May called witness' attention to the inconsistency of his evidence with an entry in the ship's log, the latter stating that some Chinese were waabed overboard, three killed by their luggage drifting about, and several dis. abled.) Witness said by washing over board, he meant the man who jumped overboard.
Captain Thomsett said the word "some" would not be expressed by one. He wished an explanation, He also drew witness' attention to his evidence given before him in connection with another inquiry, wherein he had stated that two men jumped overboard, whereas he only said one now.
Witness said he only saw one, and he did not see any washed overboard.
Capt. Thomsett said he would have a copy of the log made and annexed to the mi. nuter. Witness had given six deaths before, and he had only sccounted for fire deaths now, Witness had made three digerant statements, one on the log, one in bis evid- ence before, and ons in his evidence now. Where did he get the information for the entry in the log?
Witness said that when he wrote the abip's log, his head was in a jumble, and that was the only way he could account for the discrepancy. He must have put the entry in the way he did from what the English-speaking Chinese passenger inform- ed him that he thought some Chinese pas- sengers had been washed overboard,
Witness was then asked to account for his statement made six days ago that two men jumped overboard,
He replied that it was a mistake when he said that on the 6th instant. He should have stated that he only saw one jump overboard.
Continued After the gale, in conse quence of the Chinese having lost their provisions, bread was served out to them as much as they required. No meat was given them. They did not want any meat; they only wanted bread. Witness ordered the Chinese luggage to be thrown over- board because it was washing about the deck endangering the lives of those who ateered. He saw no struggling between the Chinese and crew for their luggage when the crew threw it overboard. Wit-
ness could not say whether money was paid by the Chinese for admission into the fore- castle. He heard some did pay, how much he could not say. He ordered the Chinese into the forecastle.
Capt. Thomsett could not understand why the men should pay for going down the forecastle, when they were ordered therein,
Witness said he did not hear of the pay- ment until after the storm. Be did bear of the Chinamen paying money for admis- sion into the engine-room. He could not say how he heard it. Witness did not see auy seamen with dollars in their hands. Witness saw some dollars lying on deck, but did not see any one picking them up, not even Übinese. This was during the gale.
Witness knew an able seaman named Skeat was very drunk during the gale. He was baling water out of the saloon; there was another named John McKenis, also a seaman. He was employed likewise in baling water out. Both were unable to work, but Skeat was off duty. Witness knew of no other man being drunk. Wit- ness knew of no death amongst the Chi- nese after the gale. He heard report of robbery amongst the Chinese; the day after the gale they were fighting with their um- brellas; witness went to see what was the matter, and a man who could speak Eug-
kil
467