1906-02-10 — Page 11

THE HONGKONG TELEGRAPH SATURDAY FEBRUARY 101906.

TAL ON EVIDENCE.

There

CO, LTD

ANNUAL, MEXTING.

it is alleged through the fault of the they were given in evidence, as the experience out of cabin Kwongtang was pasting us; her | opply in the extent 'ol, saying that a plainte The enmaan said ---Gentleman,--tā par-

plaintiffs, the owners of the steamship Tel On, tie the owners of the steamship Kwonge tung for damages in respect of a collision between the two vessel in the Canton River, which occurred in the channel south of the

“Flatu, .Kwongtv...

The two vessels left Hongkong within an tour of one another on the evening of the 16th May, 1904, and proceeded to Canton, which they were both timed to reach at 6 am on the She was passed by the Kwongtung off Tiger Island and remained astern for some time, being sighted by persons on the Kwongsung Banier at about 4 a.m. The evidence of both sides agree on this point.

By the custom of the port of Canton, ships are not allowed to enter before & am, and it is also the custom of the port that ships should apter in their berthing order.

of

Common Rosa," im, reported to have dùng

Gallaxia, T, 35, 7:10, 1:45, 212.2

Spy Chicken and Mikosh, tam., and sung

lim mimed.

Freedacha, Im, lait jm, 34, 1.09 3/4, fogot

Bonenoid

Old Boy, 14, 1.08, 1.45, 2.24.

(ym., aberp'45, LOS, Soup Meat, Im, 31 3/5......

Baluchi, 12m first im, takan, 40, 1976 2/5 1 Diadema, m., last takes 39, 1.18 3/5..1.16.

Mongolian Chief, two sharp quarters in 53 Pilot, fm., 31.

and

Pathan, P. 57; LAL F/5.

Sundial, m, 31:25. Jovial Monk, smi, 30 3/5. Saxonia, zu, NE 3/5-

Arab Chief (in blinket) first quarter 34 3/5ï weat round last quarter 32.

JOCKEYE. .....

No lack of jockeys néed be feamd.. There") will be no less than twenty-one of them.« Ehe

h. The Tai On, the sinner vessel, left firm. Balhered her full weigh, that in after her Kwonglung: bassed Kwonglung at 5.15; 18 | findings on other points ra'sed. The Assessor absence of the liem of unclaimed dividends following is a complete liir of the riders up to

when that vessel was up; to the Whampes Captajn Walker, saya or from slow as Captain Kwonglang in 14'er 13 minutes (the bad just | Walker is wholly are was no danger of whereby you will observe the cast of repair is 1.eslin, Mackie, Moller, Piggott, Robertson, and;

!

fr'.

KWONGTUNG EVIDENCE.

but the re-

therefore have precedence in entering the port, may be necessary owing to the Kwongiung's { "full speed" she drew up for.a or 3 minutes verie, The Astemor Ron to him think team traefully add anything further, but

and ac

Rutherford

EARLY BIRD

February 6th

Warna: faw

Both tracks were open. Theme Warn ́ gallops, but none of the 'cracks" put in an appearance. The times were

Rover, (o.), (Alderton up), Im, 30, 1.09 472 1.425.

Halcyon Days and Promised Land (1), im., 7, 36-3/3 1.12.4/5, 1.46 3/5

consider the legal question. If she did not, been 32 feet ahead of the bow of the Kwong. Op was past the Kwongtung "ar-not-lor! KOWLOOM LAND AND BUILDING then this question becomes of paramount im-tang. After that time she began to draw precisely the same law, ma 1 have stated it, portance.

After. The Assessor has checked and agrees would apply to both ships. If the Tai Op were As was very frankly admitted by the learned with these calculations. Before, however, foal dily painlng the Kwongtung her dity would counsel for the plaintiff, the evidence is conly adopting them, it is necessary to see how far will have been to keep out of the way and the ficting. It is indeed conflicting. I biated they agree with or conflict with the evi duty would still have remained with the during the trial that it might be possible that dence. I have therefore extracted from the Kwongting not to alter har course or speed.

6th inst. the Coun would believe halther of the stories statements of the witnesses on both sides what it cannot be contended that if the Tai On was

The seventh ordinary maeting of thare- facts for, as I shall show presently, not only ships of the two captains, and this is proved to be they say as to the relative positions of the two pass the Kwongtong could not be held to folders in the above Campany was held at the

blame in does the evidence of the plain of low two

whole or part for a breach of Article Company Offos, Victoria Buildings, at noon 31, and the doubt I have in my mind le whether 3-day, for the purpose of receiving the report of Thips differy but there e are serious discrepancies Lawrence, Captain! Kwongtung w. dead this rule applies in the case of failure to prove the directors, together with statement, of RC on both tides in the evidence given in support stem, could not tell how far, por on which an immaterial fact I can find nothing in the counts for the year ending gras December,

of speed and passed her 1.3.15; at 8.20; 10 minuter after of the captains statements. This has necesside; her bow flagstaff was aft of my tadiall decisions bearing on this point. distances which I now proceed to explain.

Them is also another point of law. The Tal

were prevent Maing T. F. Hough heard bar coming up: har bill rang when the On makes four distlich allegations, Must she (chairman), Alix. Rodgan W. H. Gubil, times may, with one exception, be taken as

The speeds of the two vessels at different ships were tight abreast,

at prove all of them, or is it suficient for her to Feter, M. 5, Northcote, E. B. 'Shepherd and (directors)A, Shelton Hooper, secretary J. O. Stainfield, Chief Engineer: When 1 cama prora one) In other words dose the rule

Chinor of Captain Morrison confirms them. The Tailem anildabip (1) of our funnelt her Engineer must prove all his facia as Peped in his Pre- Da was going all through the material time was abreast of our engine.rom skylights Im-liminary Act or to it mufficient for him to prove nase, with your permission, liking the repors at Ok knots over the ground. The Kwongtung's possible for our bow to be amidships of Kwang one which did in fact contribute to the collisions and accounts read. The net profits for the half speed is knots. After the Kwangtungtung: our bow quarter ship's length abead Before stating finally the course which I in-ear amoubled to 515,716,50% av against Ind to adopt, it is necessary to give definite press ranis being about $too less, and the had

| 8,291.24 for 1904. This is accounted for, by Sing, Plint full speed had taken full effect, she was going at 7 kacts over the ground under a low

feet head. apart: got thead of her two ships' lengths: is of opinion as a seaman, and I, as a of steam. The debateable question is whether collision occurred immediately after reversing entirely concur, that the course of the Tai On which appeared the previous year and by the date idest on Bratten, Burkill, cos Cuck Min Chi. Quatermaster: We went ahead of prior to overtaking as traced by Captain wher repairs required by the Sanitary Board sin, Hamer, Hayes, Humphreys, Bynes, loglis she was put to full speed from half speed as

amount expended on the drainage and shank, Deacon, Dupree, Forrest, Gogg, Gras. Lawrence says. The time within which she passed the Barrier-after 5): 8.or za minuten inomest af overtaking t

the and that would have gathered fall weigh will differ in after she went ahead of us: can't say how far collision and therefore that the reference to $3,700 as against $52,294

The property la the two cases and I must examine the question Tai On passed Kwongtung, as I could not look those cases which take account of what maintained in good condition, and though we

behind. from both points of view taking two minutes as

has beett termed the agony of the mo-

had a few mete vacancies this for the previous the time from slow to full speed and one

ment" are irrelevant. Captain Walker's one year we see he reason to supporn that our pre- minute as the time from hall to fuil Walker, Captain-Tai On caught up at statements to questions which I put

Bent

rent roll should be diminished. I

don't speed, noting, however, such variations as

5.20 it might have been little later. After show that there was no

of opinion that I shall be glad to answer any questions which the Kwongtung did not during the material you may desire to put bearing on the report time starboard her heim nor that she did at

accounts. say time port her helm, also that the fact that Chairman proposed, and Mr. Chinoy the Kwongtung was in shoal water in seconded, the adoption of the

the

report channel has so material bearing on the colll-counts-Carried alon. With regard to the Tai On, he is of

Mr. J.C. Peler proposed, and Mr. M. S.. opinion that she was sufficiently close to the Kwanglung to feel the effect of suction and that she did veer under the influence of the Kwang tung's propeller and the counter-action effect the Kwongtung swinging to port was first the of the ebb tide. I take it that the allegation blow on her quarter, and afterwards the effact

in the 14th Paragraph of the Preliminary Act that the Kwonglung did not keep to the star board side of the channel means what i

stated in Paragraph 4 of the Petition that she star- boarded her helm and endeavoured to crOBE ahead of the Tai On. The plaintiff has not proved all of his facts but has, however, proved one fact, that the Kongtung altered her speed. Share of all irrelevant and untrue facts, and of the inevitable arguments based on them, what occurred, in europinion, was simply this: So far as the Tai On evidence is concerned-The Tai On on her normal course overtook that of the pilot may be put on one side as the Kwongtung and nearly passed her. The imaginary. So far as the evidence of the Kwonglong, in order not to be passed and to Kwongtung is concerned, the most serious dis- get to Canion in her proper berthing order, in- crepancy occurs between the statements of creased her speed. Neither captain would Captain Walker and Mr. i ewis, the passenger.. give way and a race ensued through the nar- The Captain says that the Tai On's bow was row channel where events, in spite of Captain litle forward of his bow but never forward Walker's opinion that it was quite a normal bow came notes says that the Tai On's state of affair, showed that it was dangerous came no further than the wheelhouse of for two ships to be alongside going at full ships were never level. Theie two statements the Kwonglung, and that the bows of the two speed, the end of the race being the collision,

cannot stand together, and although we may certainly reject that of Mr. Lewis. For some not be able to accept Captain Walker's we reason or other, the passenger takes too much interest in the case. He could see what the learned counsel, who was cross-examining him, was drying at," though: why I am at a loss to understand. He was merely called de bene esse

what he saw not to fence for

The berth of the Kwongtung was higher up the river than that of the Tai On. She would

Hoth ships were damaged slightly but the engineer's statement that the time from half to fill she was nbeam 1 her bow a little forward of direct consequence of the collision was that fall may be rather more than one minute. The our bow: never forward of that, the Kwonglung ran into and sank a salt funk Assessor considers, after a very careful exam- Mead, Chief Officer-Saw Tai On abreast of at anchor on the south bank of the channel ination of the chart, the positions both at the our funnel: gradually coming ahead till fun- beside the Salt Commissioner's yamen, causing por

point of overtaking and of collision as given by seis in line: how abreast of bridge. Half damage to her owners to the extent of $20

Caplain Walkert to be fairly

accurate, this dis. $20,000.

minute after telegraph bow abreast of our mentioned. The opening of the case and tance being 4,900 feet. We shall however nef. also the fact that an agreement had been en

determine it with greater accuracy. The Cordeiro, Engineer-Come on deck $22: Assessor is also of opinion that the time of soon after "full speed": *** Tai On orer

of collision taking us slowly; stood a little while, waved to Yuen, Sailor-When I went to fetch our red screen. Assistant Pilot, Tai On green screen opposite

This

Northcote seconded, that Merrectors h and A. Rodger be re-elected directors-Car ried.

Mr. T. F. Hough proposed that Mr. Thos. herd seconded-Cariiod.

The Chairman), Dividend warrants will be ready to-morrow morning.

This was 'all the business,

tered into between the owners of the two ships overtaking was 5.22 and the in for six | Engineer of Tai On, went below, funnels level. of her own rudder; and, last, that the cause of Arnold be ra-alected auditor. Mr. E. B. Shed

that the owner of the ship found to blame sbould bear the loss occasioned to the owner of the junk; I regret that this fact was men. tioned because it seemed to indicate a desire on the part of the, steamers—a most laudable desire as it seems to me that justice should be done all round. But it is clear that no con

■lderation of what I may call rough justice or equity should appear to influence the conclusion mt which, with the most valuable co-operation. of the Assessor, Captain Morrison agreed to by both parties, I have arrived It is the more important that i should state this, because have to deal with a 'highly artificial rule of procedure in the construction of which there is not too much guidance in the banks or authori

les, 1 must note too that such as agreement as has been referred to seems to have obviated the necessity of a cross-action for damage to to Kwongtung in which the application of this this DI procedure might, I think, have been simpler than it is. There is, however, no cross acilón nor have the proceedings taken the form of an action by the owner of the junk against the ship owners.

rule

by both sides.

Having thus cleared the ground, I proceed to examine the facts and arguments advanced Paragraph 1 of the plaintiff's preliminary act alleges in the first place thar "The Tai On had passed the Kwangtong."

44

minutes after the Tal on overlook the Kwang- 5. That is to say, that both ships

Kwongtung therefore ran for five minutes at 7t and before the collision ccurred. The tung

knols; 3,660 feet taking the knot ur 6,080 fast, that is taking the avenge between stand 7 and one minute gathering weigh at 61 knots

knots gives 633 feet-in all 4,293 feet. The Tai On ran for six minutes at 61 knots-in all 3.966 feet, The length of the Tai On is 180 feet so that the difference between these two results, the Kwongtung Kalkered full weigh from namely fcet, nearly two ship's lengths, If half to full speed in rather more than one mantle as the engineer stated, this difference

be only slightly reduced. This calcu. lation is important the first placons showing that Captain Lawrence's point of overtaking and collision are incorrect, He says he over took the Kwongtung at, the fort on the end of the Salt Flats and the point of collision 559 1,200 feet. more to the cast than that

given by Captain Walker. The distance between his two points is 7.393 feet and in calculation on any possible basis of speed the Tal On would have been still further be justifies it. Moreover, were his paint correct bind the Kwongtung and the collision could

not have occurred at all. This, calculation shows omething else to which I will refer presently,

The material point, however, is not est such what the position of the two ships was at the time of the collision as what occurred, during these six minutes.

-

Pui Ki, Assist. Pilot.-Going to wheel-house when I got to wheel-house har stem sear pur saw Tai On stem just beyond our funnel:

red screen.

Chi, Chief Pilot.-After,"full speed" went out of wheel-house, but got no further ahead because we were" full speed."

Lewis, Passenger (de bene esse)-Saw Tai On approaching her bows came no further than wheel-house: her bow never level with our bow..

*falo

|

#

TURF TOPICS.

Sunday, Feb. 4, 10.30 am. According to an earlier arrangement yes. terday, the representative, who is going to contest the blue ribbon of the meeting for Mr. Geo. Potts, was to gallop between 9 and 10 o'clock this morning. With him his stable com panion, the good old Heather King, was also lobe sant out for a smart trot at the appointed hour.

True to hit masion Field Marshall' was at the Course at the appointed time only to be disappointed at being told that the performances for the day had been concluded by eight o'clock in the mora- ing. All he could gather wax that the Derby

the

#

That

Forward and Nugget, (0.), 1m. 13 4/5, 1.10, 47, 3.23.

Drogheda, 17m., Justim. laken 391, LIB.

and t

Donnybrook, I'm, (1). Norman King, im, 30 Skirt and Velocity, (i), §m., 33, 106, 1:41.3. Velocity 1 sac. behind

Mongolian Chief, (9.),. 1m., 36, 1,16, 1.56,

2.38

White

1 Blaze, 14., (0,), 43, 1.39 3/5, 1.58 3/5. 2.37. 3-14, 3:45 3/5.

Sirocco, im., last jm, taken 36, 1,15, Javi Monk and Zapetar, (1.), Imq

1.05 3/3, 1.440"

Blue Nile,

, im, lastiğim., 34), 1.09, Ca-Canny, (0.8m, ("boy" up), 17 3/5. 1.12 3/5, 345

Pilot and Rising Sun (id) im, 35 4/5; 1.10, 1.44 3/5.2.23. R. Sun 1 secs, behind,

Soup Meat (.), Em, 40 3/5, 1.18, 1.43 3/5= Rosthern, im. (1.), 40, 1.18, 3.54, 2.281, 3.03, 3.361

Kamloops, im last § taken 1.38's. Engle, m.,(1), 34), 1,10, 1.45..

(0), Im., 39, 1.16 3/5, 1.51, 2:30 Highland Star and Highland Chiel, m..

311/5

29

Gold King (in blanket), (0.), two quarters,

2/35 second round 33 3/5.

Maori King, (o.), m., 30 4/5.

New Boy, (o.), 13m., 45, 1.39, 2.08,12,40,'3.26, 358 3/5, 4.32 4/5.

Zanzibar and Old Boy, (0), 12, 34/5,508,

Speculation (o), tim, 7, 35, 1.10 3/5, 1.45

favourite realised all the best expecta- tions of him. He was called upon to cover a mile-and-a-quarter distance which he accom- plished in the excellent time of 2.531. this rapid pace should have pleated his ad.44 2.30: Old Boy two seconds.behind. mirers would seem to be enough; but there was more in "Emerald". Und he been urged to it he had all the appearance, at the finish, that his staying powers would be equal to a good deal more

Did the Tai On first pa the Kwongsung the counsel and what he says he saw was not: Article 24 by putting herselfied a breach of gallop this moming. - His "times" WOID DOT

and was she then overtaken by the Kwongiung

It le clear from these findings that by the breach of regulations, applicable to her in the collision, The Kwangtung by increasing her circumstances, each vessel contributed to the

speed and committing a breach of Article 21 and so putting herself in a position approximate to the Tai-On in a Barrow Channel where she, must have felt the operation of the suction; and the Tai On by not keeping out of the way of the Kwongiung

fin proximity to the Kwonglung in a natrow channel where she must have felt the operation of the suction, Before, however, Judgment can be given on these findings, there are points of law to be decided and facts to be gone into in order to see whether it is necessary to consider these questions. I don't think we have heard enough from either side on these points to warrant my giving judgment without further argument. It would not be right to express an opinion on them without further consideration, unless, lo deed, the parties in view of the agreement which they have entered into are willing to accept judgment irrespective of these points. As this is essentially a question of seamanship, and of great importance to navigation in the Canton River, I have requested the Assessor to deal with it.

The defendant's first argument deals with this statement; he relies on the rule to which 1 have referred above and which for the present 1 adopt in the form in which it is usually statedthe Court will never allow a party to contradict his own Preliminary-Act, at the hearing" and he maintains that the plaintiff's svidance does not bear out this allegation, that, We must see therefore what was the position

what Captain Walker saw nor is it borne out if he has proved anything, it is another fact of the the ships alter the first and after the

by any other evidence. The chief pilot's avid altogether, and that, that continised in increas

whatever inult second minute. It is not necessary to go fur

enco also disagrees with that of the Captala the Kwongtung may have

ther because after the second minute the though apparently agrees with that of the her speed if it be fault the plaintiff must Kwongtung bad gathered her full weigh and prssenger. But, on a little closer analyalı, I fail to his action, But I think this argument being then the faster slip, the Tai On could

think his evidence is more in accord with what goes 100 far. Eisbornted, it is, an I understand.not have overhauled her. After the first

the sailor. Yuen and the assistant pilot said. It, this The facts set out in the Preliminary minute run, the Kwongtung bad covered 633

When Yuen went to fetch the assistant plat, Ad amount to a statement that the Tai On feet the Thi Da ' feet. After the second he says the Tai On'sgreen screen was opposite - was the overtaking vessel and, therefore, this minute's run the Kwongtung had covered 633 nur red screen" and when the assistant pilot

statement must be read subject to Article 4 of feet, the ai On 661 feet. After the second

after he had been fetchad got to the wheel- the Regulations for Preventing Collisions at minute's run the Kwpeglung had covered 633 house."the Tai On's stem was wear our red, Sea-in other words, that this sentence of plus 713 feet (or rather less if she took more screen," Now, clearly, what these two men Paragraph 12 of the Preliminary Act must be than one minute to gather her full weish), in saw happened after the Kwongtung had read: The Tai On was past and clear of the all 1.366 feet. The Tai On in the same time gathered full weigh and when the Tai On: Krongtung.

"This was supported by a further had covered 661 plus 661 feet, in all 1,333 feet

was falling back, and this is really the effect argument that branches of the Regulations feet. Given these speeds, it is clear that the af what the chief pilot says "The Tai On's must be specifically stated if not by a reference Tai could not have gained more than

stem was, up to our wheelhouse" when he to the actual number, at least by language 44 feet which, giving her 50 feet overlap went out to look but he adds the got no further Captain Morrison—in this case there is not corresponding to the_regulations, and this is at the moment of overtaking, would not

Ahead "because we were full spard," The enough reliable evidence on either side to supported by the text books.

put her anywhere near where she alleges chief pilot ought to kadw what he is talk-corrobate the capinias'evidence. It is extremely the Assessor has explained to me the she was It would only bring her how about ing about. He must know that what he says bad that the master of any ship should have wide difference which exists between the word up to

to the funnel of the Kwangtung, but she is meaningless unless the Kwongiung had to keep watch the captain should be there to past" and the term "part and clear," the never could have passed her. But the extra gathered her full weigh when he went out to command the ship, and there should be an latter term as sted in Article 24 means that ordinaty part of this calculation is that though Tai On must have begun to fall back. I think only one officer on board, and I believe the look. Therefore when he went to look out the officer on osch Watch. In this case there is the overtaking ship has not only passed the it is based entirely on Captain Walker's own overtaken ship but is sufficiently, clear to figures it contradicts the evidence of himself these three Chinese spoke truly to what they Ordinance only provides for ons. A ship misœuvre with fety, which she could not do and his witnesses. He admits that the Tai On's saw but we have to ascertain what they did not carrying 1,000 passengers should have two If she were merely past. I can therefore not bow was a little forward of his own bow sce. The chief officer also contradicts the officers, and one should be on the watch at all asrent to this argument, for if I were to hold which is impassible. Not only that but, with cap'ain but his own evidence, I am sorry to times. Had there been an officer and the that the word "past" must be read as part and these figures, the Tai On at the end of the mix say, is is open to earious criticism and the capiain on the bridges of the vessels in this clear in the sentence I have quoted, it would minutes un would have been so far behind models show that, if the funnels were is line, case, we should have got a great deal more be tantamount to holding that an action would 350 feet-that in this case also the collision abreast of the bridge. It would have been gave evidence may have been on board or he he says, the Tai On's tow could not be evidence than, we have, The passenger who not lie on an allegation that the Tai On was could not have occurred. But there in, aa, i past the Kwonglung merely. I think that this have said, one figure this calculation, which

practically level with the Kwangtung'a bow, a action is one for an alleged breach of the is no doubt the speed at which the Kwongtung

may not; he may have appeared at the moment skilled, witness has no right to come into this of the collision and imagined all these things, Regulations applicable to the facts as set out was going when the order full speed ahead was

Court and make such loose statements. If he while the chief officer of the Kwonglung only and 1-think further that, though there is no given. As the fact of the collision having oc-

the slightest consideration to the came out to get coffee in a casual sort of reference to the Regulations, by number, there curred does not fit in with Captain Walker's

limcasions of the two abip, he would have manner. Another thing I should like to mention is a sufficient reference to them in Paragraph figure of speed, we must try Captain Lawrence's known that what he said was calculated to mi is that we get evidence from engineers. What 14 of the Preliminary Act which, specifying the statement as to the Kwongtung's speed, He

not until the models

were they doing oa deck when they ought to fault or default altributed to the other ship, says she was going slaw. The Assessor gives were supplied that i could test the accuracy of have been down in the engine room? it ap- Not keeping to the rathnard side of her 3 knots if this is true. Further, her own his statement. The evidence of the enginters pears to me that there in great slackness of the channel, not keeping out of the way of the engineer gives her 2 minutes for gathering full of the two ships does not carry us much further discipline on these ships.oth engineers got Tal Oas not slowing down, not stopping or weigh from slow to full sp ed. We have, there- It simply amounts to this that at some time in the box and gaye evidence to the affect that reversing engines when danger of a collision fare, this result The Kwongtung would havent other they were level and exchanged greet they went on deck to look round; they ought

run 4 minutes al 72 knois-2,932 ferland a ings.

The evidence of the captain of the Tai Ishall presently go into a minute examina ninutes at an average speed between 3 and 71 On is not much more reliable. He insists that to have been below to answer the telegraph, tion of the figures. For the present, however, knot, I., z minutes at knots-1,040 feet-in the bow flagstaff of the Kwongtung was all of boxe coffint down and came up again to

look at the collision--a sort of sight-seeing. his taffrail and that, ten minutes after, he heard put and clear of the Kwongtung and the bad2971 feet. The Tai On, as we have seen,

ese her coming up! Taking his statement in whether the Tai On had passed or was passing, His Lordabip As the law would be the same 3,956 feet. The importance of these figures is thisWe do not know exactly how Paragraph 13 of the Preliminary Act, and whether it in the rule that you may not con far the bow of the Tal .On overlapped the

was disposed at first, to think that he radiot your Fraliminary Act, it applies to the Kwongung's quarter. But the point of over

had used the word 1 past lextent that you must prove you passed as taking it seems to have been about 50 feet. loose conversational way and as meaning alleged. The other point is that there are three

damaged plate of the Kwongtung

and that the evidence which kas. was about 40 feet forward of her stern derived from the dguras supported it or four allegations of fact, one of which proved post, so that the relative position of the But the Assessor reminds me that captains of you have not proved the others brings you materisi to the collision, whether the fact that two ships was to all intents and pur

ships know

or ought to know the regulations within the application of that rule. poses the same at the point of overtaking by heart and in such an important matter an

Mr. Blado Is there not another point which at the point of collision. These last figures passing another ship they cannot be allowed

ence shows that he meant past because he Lordship found that the collision was caused by the Kwongtung, the » was 'not relieved of this duty of keeping out of 3.965 fast. It is, therefore, abundantly clear the Kwongtung was." The avidence of Ma

the way, or keeping clear, as it if termed in that the Kwongiung was not going at har Chi, the quartermaster, though it speaks of the Surely, my Lord, berious question will arise

it is sufficient to say that the Tai On was noi avidence, in my opinion, warrants this can clusion. This

preliminary point disposed of, these qusitions remain to be decided:-Was the Tai On past the Kwonglung and, if 10, was the Kwongtung in default and, if in default, was her default the cause of or did it contribute 10 the collision? The law applici able to the circumstances, as alleged by the plaintiff to be derived from the Vegulations, is

of the way

1

The

39

lead the Court and

Was Gol

to

Cruickshank's New Bay was alsó made to available to

me, antwithstanding inquiries: made at different quarters,

Some of the other owners sent their ponies out also for a gentle trot, but in. my absence no record could be chronicled in the interest of readers of notes from the

KARLY BIRD.

4

The morning dawned faks, but not quite se. bright as yesterday. The attendance was a small one, probably due to the fact that many were not aware that the pair. Kings would. gallop at an earlier hour than previously arranged.

Shortly before 7 am, Heather King put in a appearance. He was made to go tim., which took him only 2.53, last quanter 33.

Emerald King negotiated a like distance in 37, 1-11), 1-471, 2-z11, 2.536

"New Boy, ljm, 371, -8.13, 1.49, 2.34, 357ði 331.

There was some trotting work besides by other ponies, but as they were of no conse quence no time was clocked.

"The course was fast,

1

5th February, The weather was perfect this morning, and the attendance was good. "times" were taken, especially that of Triumph The course was a fast one and some good Rose, who went his distance in good style, finishing strong.

The times were as follows Mikosh, ane mile and a half, and Spring Chicken, last mile, 40, 1,19, 1.54, 2.30, 3061, 34 recdach, last three-quarters of a mile, 35 1.10. 1.44.

Wakelyn, last three-quarters of a mile, 35, 1.00 1-41

Red Herring, lant 'three-quarter of a mile, 351, 1.5, 1.47 last quarter 23; strong finish.

Triumph Row, que mile and a quarter, 2.46ă,"

Common Roin; last three-quarters of a mile,' 35, 1.10 1.43

"Glorious Hoso, last three-quarters of a milo, 33, 106, 1.43.

Sunrise Rose and La France Rose, one mile and a quaster, 2.50 last quarter 33. and a quartar; 2,543'; last quantor 351.

Spotted Rose and Himalaya Rose, one mile

The Riding Bor.

By the Franch mall steater this morning port for the race carnival. Mr. Cox was among there arrived several visitors from the Northern

them. He will pilot Craig's entrants and on Kamloops will endeavour to carry Derby hon cars for Wingard's stable. Mr. Pirie was alko passenger by the M, M. Caledonian, also Me;

this:-The-Tal On, being the overtaking of calculations is based the two ships had rug

bear, thit out, for at the speeds on which this is use loose phraseology. Moreover, his evid-rises on your Lordship's Andings Your bound by Aniela 24 to keepout and she | practically the same distanco-,972 feet and added "I did not know on which side of me.sed by the Tal on noted, and also Stempel and light

the overtaken ship

Syn| the Kwongtang inermuslög her

increased bar speed the Tai- would have

expected by the German mall. Nose are

Article 34, by the fact that the Kwangtung speed when she was overtaken but at 3 knots, 15 Cn passing the Kwongiung, Is confused ne / on 'that, becausà if the Kwongiung had not to be here in time for the races.

-Increased her speed until she was finally

is also abundantly clear

· other hand | k

based are

can the Tal On be held to blame? She was evidently put into the position she was in by the wrongful act of the Kwongtung

His Lordship-You will And that polas shadowed in my Judgmant., I shall have no objection to it being argued because it certainly the fist point. All the way through I have axíses, but I think it arises in connection with had that report in mind,

and clear. The Kwongiung of the " that is slow as Captain Lawrence legen; and to the time as he talks of twelve minutes Kayin gone clear, That is a very material point, and war bound by Anicle 21 to keep her course 3 knots tight, but that all the ont not only be the occurred between the overtaking and the col.

the other speeds and and speed. it is admitted that the Kwongtung positions on which the calculation

This minute analysis of the evidence allows did facrease her speed after she was overtaken right. We can now examine the different that on both sides it is unreliable and I there It is at this point that the highly technical and positions of the two ships after the first and fore adopt the position of the ships as shown arbitrary but salutary rule of procedure already after the second miauto. The Kwongiung

by the Agures, referred to applies“ The plalotiff may not after the first minute had run 330 feet. The I now come to the point of law. The Tal

Tai Os had run 661 feet, gaining 141 feet. On alleges that she had passed the Kwon contradict his Preliminary Act

application of the rule is said to be

After the second minute the Kwongtung had lung. We have found as fact that she had this-Daless the Tat Os can prove that she run 1,040 feet and the Tai On 1,332 feet, thus not passed but that she was only passing, had la fact past the Kwongtung she must fail gaining 183 feet, which is more than her Does he therefore fall within the application Glt spite of the fact that the Kwongtang bumilf length Dut; and this is the crux of the cal the rule that the plaintis may not contradict

violated Article 21 by increasing her speed culation, the Tai On, in order to get past the Whether or not this is the true application of Kwongtung, would have to run too fest, that “...tás rule is, as I aball show presently, dificult is minus so feet, that is 48 feet short of actual question, but it seems to me essential first to passing frst the length of the Kwongtung time which slapied between the overtaking and 187 feet-in all, 137 fest. The paildon, there Lacertals what in fact happened during the miners the overlap 150 feet plus better, the The collision. If the Tai On did in fact pass fore, of the two ships at the end of the second the Kwỏngtung, then it will be unnecessary to Į minute was that the Tai On's bow would have

his Preliminary Act? As to this, I hays the-THERE is some latestion of building quarters greatest doubi and for this reason. I have for the European Stid at the Eliji Kadooria stated the law applicable to the circumstances School, and on this account the trustees sub: as alleged by plaintiff and as derived from the mitted an application to the Sanitary Board, at this collision, the necessity of the Tai On remove, the present existing Tairines, and to reflectant but der she comes of fee texting the taingon for permission to showing that she was past and clear bot being build sly new, latrinks and alx new water Ţin isaun, it is immaterial whether""the Tai | closin

|

Some more of our Northern are

by the Empreis as the boat is not There were few gallops this morning, mostly Busey's, and all on the inside course which was fast,

Following are the "times Coron

P. 1m 34: 1.08 4/5, 1.43, 2.16.

Tim., 35, 180 2/5, 1.48 3/5i| 2,32 4/5, 3.55 3/1 313 4/5, 2,46 4/5

Triumph Rose, tim., 35 1/5, 1.06 2/5, 1.400/5 Glorious Rose, 14m., Joned by Rambler Rose, tm, and brought down the last three furlongs by Bush Rose, 35.4/5, 5,08 4/5, 11414 3:15 3/5, 2.30.

jogether, Tim, brought down the last thres França Rose and Sunrise Rose went farlangs by a black hack, 34/5, 107, 1,433/5 116, 3.40 3/5 for La France, and 3.50 3/5 for

Spoued Ran. Sunrise Hot and Himalaya Rose, t company, 362/1, 1.10, 1,45.3/5, 2.31.4/5, 3/54.3/57. it, in

Himalays rot,

Gaberlunzio and Peebles, sami, 3, 7, 7, 37 3/5,

2.19.

1.12.

Czardas, 14mm.. (8.) 40, 1.15, 0.48.9/5, mán 1/5: 2.53.4/5

Diadem and Sundial, 14., 39, 1.14, 1.46; 2,21 3/5, 2.58.

Arab Chief and Korean Chief, m., 36-3/5. 1.11 3/5, 1.40, 2,19 ifj.

EARLY BIRD.

The following were the tiinag taken" this morning:-

Rover, tm., last jm, 34, 1,06.

While Blase, one mile and a hall, 43, 1.30, 1.581, 2.178, 3.74, 3.45.

New Boy cantered two miles in 48h, 1.35, 2.18; 2.36, 3.38, 4.15; 4:50}; 5, 73.1

Zanzibar, oos mile, 131, 1.08,*1,44, 3.18). Donnybrooke, a mile and a hail, 35, 1.10,

3.36.

43220, brazie, sfm. ↳ Finst half-mila Pilot and

`r.roj; last half,, 1.49, 3:37, *

Speculation; one mile and a quarter, 2571 last quarter 34,

Sundial and Diadem, one mile and a quarter, 391, 1.14 1.461, 2.31), 2.578-

Arab Chich, one mile, 37, 109, 5,47, 3.19. Grafton, 4m, last half in tng.

THE RIDING BOY.

7th February. The course was pretty heavy going this

but fortunately it held of morning. A dark, lowering cloud overhang the valley. A heavy downpour of rain threatened,

Emerald King issued from the stables In the dark. His training has been zealously guarded. him over his Derby distance gallop as a secret, and up to now I have not seen

if Mody will sweep the board next week. **

All Bakey's ponies are in fins fertis and did marvellous "times” this moining. It looks as

Saxonia, (i.), m, 34, 1,06 2/5, Wakelyn, (a.), tm., 37, 1.12 1/5, 1.48, 2.21 4/5. Aconite and Mellalla, (i.), @mgg'1,394. Common Rose (9.), im, steady, 38, 1,16, 1.54- 2/5, 2.27,

Fracdachi, (0.), xm, 16, 1,375,1,45,3.31. Bantal and Highland Star, (9.), m., 30, 1.10, 1.45 3/5, 2.23. Star half a length behind.

Highland Laird, 1jm., foined by Highland. man] Laird's time,!), 15, 20, 194508120, 3.54 3/5. Add the first quarter 38-4/5 (reported) j totalg.g: 4/5.

Heather King, (o.), km., 35-4/5, tito 40 1/5. Sycee King, (0.), 10, 38:1.15, 1967, 7.39 4/5, Exchange King, (0.), 1m5, 37-4/5, 1.13-3/5. 49 31, 231, 135, 7.11, 1.43 4/5.

Maari King, am, joined by Gipsy King, from

کار باید

Gold King, m. joined by Erl King, m (0.), 36 1/5, 1.12 4/5, 1.50 4/5-2.24-2/598-/5.

Fortups, Rose and Bush Ross, (1), iná., reported 2.11.

Beancake, (i.), sm, 3303/5):3.08, 1/48 3/5, Mikosh, (D), cantered twice' round and galloped once rounds time missed. Under

special (raining.

Drogheda, Heady cantering i'timu mlized, Donnybrook under special training,

Norman King, (o.), rim, 50, 115 3/5, 5-341 2.31, 303 3/5. "Coroner Rose, (1), tkm...?¦97; LÌ2” 1:45 2/3, Chicken, (.), m, missed /^special Sonriss Rose, am., (5), 40.3/5, 1,30 3/5, 2.28 3/5, 3.03 3/5; 3-393/532133 Hambler Rose joined im. 1o, Being him homes capiial performanc

34, 1.07, 1.43 2.16 11., 2.52, 3.38) Himalaya Spotted Rose (0) and Himalaya Böse, Thus, about is lengths behind.

Glorious Rose, âm, (0,); 37; 1,194 2.34 3/5, 3.00, $.31.

Triumph Rose, 1m (a), 48, 2.35,219,431

Bonecold, m., 38 $75, 1.43 3/5) 1:49 3/1⁄2

226 3/1,

KARLY BIRD