C 595 was emphatic in his statement that the vessel's course was never altered. His interpretation of the one short blast on board the Yingking was also, for a pilot, far from re-assuring, as he stated that the other vessel was turning to port, when as a matter of fact, it meant just the reverse. I am unable to come to any other conclusion than that the helm of the Wingchai, on hearing the Yingking's whistle, was ported, not, however, necessarily to any extent, and that it was so done with the view, in yachting parlance, of blanketing her rival steamer. By the evidence elicited from her Master, it is only fair to believe that he had himself given no directions to the helmsman and may indeed have been ignorant of the movement of the helm, which evidently took place when, somewhat unfortunately, he left the vicinity of the wheel, and the direction of affairs was temporarily in the hands of the pilot alone. How far the pilot takes charge in these runs, I have not been able to discover, but in no wise is the Master absolved from responsibility in the event of an accident.
Taking all the circumstances into consideration, I hold the Master of the Wingchai to blame, in that he enabled it to be possible for the helm of his ship to be moved to the extent of deviating from her course at a time when, due to the proximity of an overtaking vessel, he should have used every endeavour to keep a direct course.
I sentence the Master of the Wingchai to pay a fine of $100, or in default fourteen days imprisonment.