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AT HER BRITANNIC MAJESTY'S CONSULATE, YOKOHAMA,
FIRST DAY,
THURSDAY, 27TH JANUARY, 1870.
Minutes of the proceedings of a Naval Court, held at Her Britannic Majesty's Consulate, Kanagawa, at the request of W. R. DALZIEL, Agent for the Peninsular and Oriental Steam Navigation Company, at Yokohama, for the purpose of inquiring into the circumstances of, and at- tendant upon a collision which took place on the 24th January between the Peninsular and Oriental Steamship Bombay, and the United States Corvette Oneida.
The Court consists of the following five membera: JOHN FREDERIC LOWDER, Feq.. H. B. M's Consul, President.
ARTHUR TINKLAR, Commander R. N., H. M. S. Ocean. DAVID MOORE, Staff Commander, R. N., H. M. S. Ocean. JOHN GILFITTAN, Master mariner, in command of the British Steamship Sultan.
WILLIAM CHAPMAN, Master mariner, in command of the British ship Rockclif.
The President remarked:--Before opening the proceed- ings of this Court, which is held for the purpose of thoroughly investigating the circumstances of and attend- ant upon the disastrous collision between the P. & O. S. ship Bombay and the United States Corvette Onsida, I feel it to be my daty to request all the witnesses who may be called, to divest their minds of personal feeling, and to give their evidence calmly and dispassionately. I would ask them to remember that the object of this inquiry is to ascertain the truth, the whole truth, and nothing but the truth, touching the matters before the Court; and would remind them that their assistance is relied upon to enable the Court to attain the end in view.
I have a request to make to the representatives of the Press, alzo, which is that they will abstain from publishing any por- tion of the proceedings, until the inquiry is concluded. I feel sure that this request will be acceded to as the reasona for making it will be obvious to all.
Mr. Eran, Master of the P. & O. Steamer Bombay, read a statement handed in:
1st Application.
Your Honour and Gentleman of this Court. I, the Minster of the British P. & O. 8. N. Co. Steamer Bombey, Captain A. W. Eyre, and the Agent of the said Company at the Port of Yokohama, desire this Court of Inquiry to make a record on the minutes before these proceedings are opened.
That they the said Captain 'Eyre and Mr. W. Dalziel called for this enquiry as to the damages done to the British Steamer Bombay and the causes thereof which arose from a certain collision between the said British P. & O. Mail Str. and a certain other steam vessel on the 24th day of January 1870 instant, at or near Kanonsaki point, at the entrance to Yokohama barbour, which it has since been found was the U. S. Man-of-war Steamer Oneilla.
H. B. M/s Consulate, Yokohama, 27th January, 1870.
2nd Application. "Am I to understand that any evidence that I or any other person may give here on this enaniry many bereafter be used in any proceedings against me?”
(Signed) A. W. EYRE. Mr. EYRE, was then told that any evidence now given might be taken as evidence against him in any fatore pro- ceedings.
He then applied to be allowed to retain Mr. Barnard as his counsel.
3rd Application.
"If any evidence that I. Captain Eyre, or any of the wit. nesses at this Court of Inquiry may give, may be hereafter used against me I demand that a specific charge or ohar- ges shall be made against me now in writing, and that I he allowed to have the assistance of my Counsel, Mr. F. J. Bar bard to examine and cross-examine all witnesses, agreeably with the usual course of procedure in H. B. M.'s Courts."
Mr. De Lone, the U. S. Minister naked to he allowed to say a few words to the Court before Mr. Eyre's request was replied to
Mr. EYRE, took exception to the formation of the fourt ; which he submitted, was not a competent one. He was told by the President to state his objections seriatím, and informed that the Court consisted of five members whoseG names were read over to him. ion.)
(Ilands in a written object-
"This Court can only enquire into the causes of the chee of the collision of the British Steamer, and determine if the British Steamer Bowbny was in fault or otherwise, but cannot enquire into anything resulting therefrom. This is a simple Court of Inquiry only,"
The Court ruled that Me. Even might be allowed to re tain the services of Mr. BARNARD as Counsel.
Mr. BARNARD submits that this Court has no power to da anything but inquiry into the damage lone to the Bombay.
EX
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