And that there were eight feet of water in the vessel's hold. I did not know at the time that the vessel was built in compartments. When I heard that the spar was in the bows, I thought of the safety of the Bombay, knowing there were passengers on board and the mails; and not seeing any signals that they were damaged as much as we were, I thought it best to go on to Yoko- hama. Had I known the Bombay was in compartments my opinion might have been different. I thought that as there was 8 feet of water in the ship at that time, if she was making water so fast the best thing would be to get to Yokohama as soon as possible; not knowing she was built in compartments. I did not hear any hail such as "lay by us, you have cut us down." I did not hear any order of any kind on board the other vessel. I never heard a man speak. I heard a crash and a jar, felt a jar and heard a slight clash- ing as if something had broken. I noticed that the other vessel was smaller than ours, and I thought she was deeply laden. It did not occur to me at the time that the shock would have been more severe to the smaller than to the lar- ger vessel. I could not tell what the light I saw from the stern of the vessel was. I could not see the light itself-only the reflection. The light appeared to come from about the quarter where the ship was struck. I could not say whether it came from the cabin or not. The vessel went past so quickly that it was impossible to discern the nature of the light. At the time I could not judge from whence the light
came. It did not occur to me to think from where it came.. Do not know if the Oneida had a pivot gun on her quarter. In coming up a narrow channel it is neual to keep on the starboard side of such channel, We were on the starboard side coming up; at least we kept over there as soon as we saw the light. We were about 4 miles from Webster's Is- land, two miles from Perry's Island, and about three from Kanonsaki, at the time of the collision. On a dark night such as this we might have gone safely half a mile nearer Saratoga spit; but I did not see the spit, only took the bear- ings of the light, and knew from that I was clear of the spit. I should have thought it my duty to keep off the spit. I did not consider it safe to go nearer to the spit than we did, as it was a dark night:
TO THE COURT. I have never been a master, but have been a chief officer of a vessel 15 months. My age is 29. I have been at sea 8 years. The Oneida might or might not have heard our whistle four or five miles off. I judged at the time she must have been that distance off by her lights. I should say that ou a dark night with starlight the mast head light of a steamer could be seen with a glass or & miles off. But I do not think I should see it with the naked eye. I could not say at what speed the Oneida was going. I should say that, considering the distance that we were apart, and the speed we were going, it must have taken two or two and a half minutes before we shut out her green light. To the best of my judgment there was a space of a mile or a mile and a half between the two ships, when I saw the Oneida head across our bows, andi when the engines were stopped. The
reflection I saw seemed to be reflected aft from forward, and was on the deck of the Oneida. It was a light as if from a dark lantern and of such a shape as would be made by £ dark lantern on a wall, it was not like the light of a dead light or of a port hole. I did not stop to consider where the fight came from. It might have been the light from the Captain's sky light or any other light. I did not stop to notice. 1
cannot tell what was behind the light, or what the light showed ine. The light did not open up the interior of the ship to me. It did not appear to come from a hole that had been broken into the ship. I could not say whether the Bombay's compass is in good order or not. "From the motion of the Bombay I thought she rose a little forward. I did not call the attention of any oue to the light on board the Oneida, nor did any one call my attention to it.
RICHARD CONNORS.
Adjourned till 9 A.M. to-morrow.
SATURDAY THE 29TH JANUARY 1870, 9 A.M.
The President opened the proceedings by the following remarks.
This is a Court of Inquiry held on the application of air. Dalziel, as being in the interest of the owners of steamship Bombay. It is not what is commonly called a Court of Law, noris Mr. Eyre upon his trial. Let my reply to Mr. Eyre at the commencement of the proceedings be well understood, I did not mean to tell him that this was a preliminary ex- amination apon a charge laid against him. No charge has been made. Should a charge be preferred against him be fore me, a proper examination will be held into such charge; and, if, in my opinion, there is sufficient evidence upon which to commit him to take his trial, he will be com- mitted accordingly; otherwise the charge will be dismissed. There are two things which this Court bas specially to enquire into and determine. First, Was the collision be- ween the Bombay and the Oneida occasioned by any fault of Mr. Eyre or bis officers? Secondly: After the collision had taken place did Mr. Eyre do his duty? And whatever the result of these proceedings may be, it will be reported to the Board of Trado.
The evidence therefore, which the Court requires is on these two points; and I will observe again, once for all, that legal technicalities will not be allowed to stand in the way of a thorough investigation of these two points.
In order that it may be understood to what extent these proceedings may be put in evidence in a Court of Law E will explain :----
Supposing that a witness answers a question before a Court of Law, in a certain way which appears unsatisfac- tory to his interrogator, he may be asked "Did you not, on such and such a day, during the holding of a Naval Court of Inquiry, say---so and so?” And then, if the wit. ness should deny that he said it, a certified copy of these minutes may be tendered as evidence that he did. Mr. Eyre might also be asked "Was the result of a Naval Court of Inquiry, so and so?" And in this case also, a certified copy of the proceedings may be tendered in proof of such result. It is perhaps natural that personal feeling should run very bigh in this Community on the question of which this Court is partly taking cognizance; but I ask (and I trust that a request of this nature will have the greatest possible weight) that the gentlemen who are assisting the Court in the prosecut- tion of this Inquiry will abstain from any remarks of a personal character, of whatsoever nature or kind; for they only tend to increase and add to personal feelings of opposition which are already too intense between the holders of different views on the momentous questions arising out
of this terrible disaster.
THIRD DAY,
SATURDAY, 29TH JANUARY, 1870.
THE REPORT of the Special Committee appointed to înspect the steamer Bombay's bows was then read; upon which it was suggested that Mr. De Long and Mr. Barnard should write down the questions which they respectively wished to be answered, and submit them to the members of the Committee.
*REPORT.
By request of H. B. M.'s Conen, we, the Undersigned, this day proceeded on board the P. & 0. Co.'s steamer Bombay, to survey the damage sustained in collision on the evening of the 24th inst., with a vessel supposed to be the U. S. corvette Oneida, and found the following, namely: that some large timbers had penetrated into the port bow of the Bombay, at the end of the iron plating close to the stem, about 3ft. 9in. from the water, making a hole 14 inches in diameter on the port side, aud splintering the plating on the starboard side; part of the timbers re- mained in the hole nearly filling it up. We further found a plate cracked on the port side, about an inch and a-half below the water, and about 18 inches abaft the other one; the crack was about 10 inches in length, through which the water was flowing freely into the fore compartment. We found the false stem, cutwater, head, head knees and skirting boards crushed and carried away; we found on examination of the fore compartment and lower hold, the ends of the plating joining the stem much shaken, and the lower ends of knight-heads sprung, and one angle iron on the port side broken.
The bowsprit and bowsprit gear was uninjured. Yokohama, 28th Jan., 1870.
(Signed)
5
**
Captain D. MIKHAYLOFF,
་
H. L. R. M. S. Fradnik.
FRANK ROUGEMONT,
Ist. Lieut. . B. M. S. Ocuach.
Wm. MCDONALD,
Surveyor for Lloyds Agents and Local Offices.
QUESTIONS BY ME. BARNARD, 1st--Tʊ which deck does the foremost compartment bulk- head lead?
2nd.What is the height of that deck above the keel by the figures on bow and stern?
3rd.--Do any of the bulk-heads reach up to the upper deck?
4th-Is there a scuttle in the deck above the bow com- partment?
3th.Is the top of the bow compartment plated with iron, or a wooden deck?
6th.What is the height of lower deck. above water! 7th. Do any of the compartment bulk-heads reach the upper deck?
QUESTIONS BY MR. DE LONG. 1st. Please examine to ascertain the length on each
side of the Bombay on the outside that the ship shows an abrasion from the collision; to thus arrive, if possible, at the exact angle the Bombay presented to the Oneida when in
contact.
2nd.-Examine any remaining iron or wood work on the stem, with a view of seeing to which side it may be bent or inclined.
3rd-Examine the stem and sides of the "Bombay" to see which side the force of the blow appeared to come from; as for instance, where the "Bombay" is injured mainly. Is it the port or starboard side--which side mainly.
4th. What material and how much in thickness did the spar or piece of timber that ran through the bows, pass through? the exact size and character of that spar or stick that passed through the "Bombay's" bows ?
5th-Is the forward compartment of the "Bombay," of such a nature as to prevent any great danger of the vessel sinking from water coming into it, if none was corning into either of the other compartments?
We the undersigned, by request of H. B. M.'s Consul, have this day surveyed the P. & O. steamer "Bombay," with the view of answering the following questions :
1st.-Lower (or main) deck. 2nd.-14 feet from kelson,
3rd.-No.
4th.--Yes.
5th.-Wooden deck.
6th.---As well as we can judge, about three fest at time of the collision.
7th.--No.
In answer to questions by Mr. De Lose, we find as follows:-
Ist. We are of the opinion that the "Bombay" struck the "Oneida" at an angle from 55o to 40°,
2nd. Inclined to starboard. 3rd.-Port side.
4th.-Iron plate about 5-16 of an inch thick, timbers about 12 inches in diameter, consisting of pine and oak.
5th. Yes, as long as the water could be confined to that compartment.
Yokohama, 1st February, 1870.
(Signed)
17
FRANK ROUGEMONT,
Senior Lt. H. B. M.'s Ocean, SERGE ISTOMIN,
2nd Licut Russian man-of-war Fsudnik.
Wm. McDONALD, Surveyor to Lloyds Agents and Local Offices.
317
EX
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