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all told, and at the time of the circumstances herein-after stated bound on a voyage to Cardiff,
2. A little before 6.30 p.m., of the 31st of January 1878, the "Atlantic" was about fifteen miles S.E. by S. of the Lizard. The wind was E.N.E. The weather was hazy. The "Atlantic," under foresail, fore and main topsails, main topgallant sail, and jib, was heading about W.S.W., making from five to six knots an hour with her regulations light duly exhibited and burning, and a good look-out being kept on board her.
3. In these circumstances, the red lights of two vessels were observed pretty close together, about half mile off, and from two to three points on the starboard bow. The helm of the "Atlantic" was put to port in order to pass on the port sides of these vessels. One, however, of the vessels, which was the "Anthes," altered her course, and exhibited her green light, and caused danger of collision. The helm of the "Atlantic' was then ordered to be steadied, but before this order could be com- pleted was put hard-a-port. The "Anthes" with her starboard side by the main rigging, struck the stem of the "Atlantic” aud shortly afterwards sank, her master and four of her crew being saved by the " Atlantic.”
วร
4. Save as is herein-before admitted, the several statements in the Petition are denied.
5. The "Anthes" was not kept on her course as required by law.
6. The helm of the "Authes" was improperly starboarded. 7. The collision was caused by one or both of the things stated in the fifth and sixth paragraphs hereof, or otherwise by the negligence of the Plaintiffs, or of those on board the "Anthes."
8. The collision was not caused or contributed to by the Defendants, or by any of those on board the "Atlantic.” And by way of Counter-claim, the Defendants say-
They have suffered great damage by reason of the collision. And they claim as follows--
1. Judgment against the Plaintiff [and his bail] for the damage occasioned to the Defendants by the collision, and for the costs of this action.
2. To have an account taken of such damage with the
assistance of merchants.
3. Such further and other relief as the nature of the case
may require.
Dated the
day of
(Signed)
18
C.D. &c., Defendants.
Suprem
39
REPLY.
"Hongkong
In the Vice Admiralty Court of
Adumralliphatidin to
[Title of Action.]
The Plaintiff denies the several statements contained in the Answer and Counter-claim, [or admits the several statements contained in paragraphs and of the Answer and Counter- claim, but denies the other statements contained therein).
Dated the
day of
(Signed)
18
b. (The "Julia David.")
PETITION.
A.B., Plaintiff
In the Vice Admiralty Court of Hongkong
Adessoal! Jumadi e tira [Title of Action.]
Writ issued
18
1. At about 2 a.m. on the 4th day of September 1876, the steamship "Sarpedon," of 1,556 tons register, and 225 horse power, of which the Plaintiffs were owners, whilst on a voyage from Shanghai, and other ports to London, with a cargo of tea and other goods, was about eighty miles south west of Ushant.
2. The wind at such time was about south-west, the weather was a little hazy and occasionally slightly thick, and the Sarpedon" was under steam and sail, steering north-east, and proceeding at the rate of about ten knots per hour.
Her proper regulation masthead and side lights were daly exhibited and burning brightly, and a good look-out was being kept.
3. At such time the masthead and red lights of a steam vessel, which proved to be the above-named vessel "Julia David," were seen at the distance of about two miles from and ahead of the "Sarpedon," but a little on her port bow. The helm of the "Sarpedon" was ported and hard a-ported, but the “ Julia David” opened her green light to the " Sarpedon," and although the engines of the "Sarpedon" were immediately stopped, and her steam whistle was blown, the " Julia David" with her stem struck the "Sarpedon" on her port side, abreast of her red light, and did her so much damage that her master and crew were compelled to abandon her, and she was lost with her cargo. The "Julia David" went away without rendering assistance to those on board the "Sarpedon," and without answering signals which were made by them for assistance.
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