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1
May 5, 1900.]
CHINA OVERLAND TRADE REPORT.
her decks being turned over until they were almost water-washed. The differences in the preliminary act as to place and time were not in any way clear. The speed of the Kotohira Maruto give the Kotohira M ru a chance of getting was about eight and a half knots, and she ahead. That vessel's course then was about admitted that she was to blame. Therefore the three points forward of his port beam. only question his Lordship had to decide was He gave the order half-speed when the Kolokira whether on- not the Brand was also to blame. Maru's whistle sounded about four points on his Captain Evenson, sworn, said he held a beam; he then thought she was going ahead. master's certificate for five months, the Brand The Chief Officer of the Kotohira Marx boarded being his first ship (witness produced the chart the Brand after the collision, and there was he had used on the night of the collision, on some discussion as to how it happened. He told which he had outlined his course). To check his witness they attributed the collision to the position he made several soundings, as the Bran not whistling properly. observations he took were not good owing to the Further evidence was heard and the hazy weather. At three o'clock he went on the adjourned. bridge because it was foggy. An hour
afterwards he heard a faint whistle on his port quarter; at five o'clock he heard it a little before his port beam. Up till six o'clock he was giving his vessel A speed of six knots and the other vessel a speed of eight and a half knots. The other vessel was nearest him when abreast the Brand's beam. At five o'clock he gave the second mate orders to sound. The engines were stopped and the soundings made, which showed twenty-two and a half fathoms. The ship was stopped for about five minutes, but her weigh did not stop entirely. When they had finished sounding be again heard a whistle about three points forward of his beam. He put his engines slow ahead
and altered his course one point to the south in order to be certain of clearing Pedro Blanco. The Brand was then not making more than four knots. She was under command, but was slow to the helm when deep loaded. About three minutes before the collision he heard a whistle about three points on the port bow; it sounded a little louder than before. He concluded from the whistle that the other vessel was drawing ahead. The wind carried the sound of the whistle to him. He signalled the engine-room to half speed, but the order was not obeyed. He did not hear a whistle between the two mentioned, the time between them being about five minutes. Pre- vious to this he heard an irregular blowing of whistles from the other vessel. He whistled regularly all the time, the intervals between the blasts being not longer than two minutes. He answered the last blast from the other steamer, after the ordinary interval he whistled again, and a minute afterwards he saw the
green and masthead lights of the other steamer about two points on his port bow. He ordered the engines full speed astern and blew three whistles. The engines did not answer, Bod about half a minute from the time he saw
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case
IN SUMMARY JURISDICTION. BEForu Mr. A. G. WISE (PUISNE JUDGE)
CLAIM FOR GOODS SOLD.
he finished his soundings at 4 o'clock he abaft_the_beam, two points or so,and thom went ahead at half-speed, about seven knots. | cessed. By this the captain soonmed that the After the five o'clock soundings he went slɔw | ship was going slowly up the coset, but from the evidence it is possible that the whistle come from the Brand." He could not admit it was from the Brand, but even if so it stopped at 4.20, fifty-five minutes before the collision. If it was the Brand's whistle, then theƉ would bare been following a not uncommon practice on the China cost of blowing her whistle when in close proximity to another vessel, and stopping when the ship w clear. When approaching Pedro Blanco the captain of the Jupine-s vessel went on deck in- tending to anchor, as the fog was very dense. At five minutes past five he considered it dangerous to proceed and as there were no other ships' whistles audible, nor had been for three-quarters of an hour, he decided to go sloser to shore and for ten minutes (covering about 14 or 14 miles), anchor in shallow water. He proceeded north
whistling regularly, when suddenly the Brand's red and mast-head lights cams into view and at the same moment he heard her whistle for the first time, unleas the former whistle was the Brand's, There was no time then to avoid collision, but the Daini Kotohira Maru in order to minimise the impact starboarded her helm, in the hope that the have been a possibility of avoiding the collision. other vessel would port hers when there might Whilst starboarding the captain of the Kotohiro Maru saw the green light come into view. The collision occurred, the Brand striking the Kotohira Maru with great foros. Mr. Sharp submitted that the osptain of the brand completely miscalculated the position of the other vessel during the ten minutes prior to the collision. He imagined the Kotohira Maru to be getting further and farther away on a similar course, while the Japanese vessel was approsobing all the time. He further submitted that the Brand's speed was excessive for so dense a for, and he would contend that the ad- mitted speed was understated. Both under
the other vessel the collision occurred. Wit ness thought the Kotohira Maru had passed him, and it was unusual for a vessel to go back on her course: it was also unusual for a vessel to go to anchor in such a place in foggy weather. The Brand's bow was badly damaged by the collision and she took a heavy list. At the time their rail went under water, but when she got free they still had a list of 25 degrees. Witness went forward and saw the damage, after which he gave orders to lower the boats: The crew took to the boats, and he called the carpenter to go back on board and sound the hold. They found there was no water in the ship, so he sent the engineer down to get up steam and they went along at slow speed and eventually reached the barbour. It took him nearly two days to reach Hongkong, a distance of 68 miles. The vessel's bow was very much broken in, being bent over to starboard.
Cross-examined-When he first 88 W the Kotohira Maru the ships were much too close to avoid the collision. The Brand out deeply into the Kotohi a Maru; the cut was a little slanting from the bow aft. The Brand's port bow was smashed in entirely, and his stem was bent over to starboard. The officer of the watch wrote the rough logs on the Brand; the entries in it were mostly put in at the time the events happened. The Chief Officer wrote the clean log, generally at the end of the day. His vessel had no official log. He sounded at 5.10 a.m. in order to find out how close be was to Pedro Blanco, as he was afraid he might run on to the island. Witness know if he got less than 18 fathoms by sounding he was Loo close to Pedro Blanco. With a sounding of 22 fathoms he steered out in order to be quite sure he was clear of the island. When
The case was concluded in which R. H. $13.85 for goods sold and delivered. Mahomed sued D. Maher to recover the sum of
R. Mahomed said the defendant ordered the
goods and signed the note (produced) as security: contended that the bill was paid.
Defendant admitted signing the note, but
His Lordship-You say you signed this as quarantor? If he puts a 50 cent stamp on you
have still got to pay.
Defendant-That case was settled some time
ago.
His Lordship-I adjourned the summons the other day.
Defendant-That is a different case, my Lord. I paid the amount twice.
His Lordship-Can you produce a rec-ipt? Defendant-I have not
but got ous. Mahomed's collector told me that the account
was settled.
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His Lordship-Cau you tell me about when? Defendant-During last month. His Lordship (referring to writ)-I see this March 23rd. Then the word writ was endorsed and signed Mabomed ou Mahomed i. struck out and it is initialled, so there may be something to go on. The summary register book was then referred to, and this showed that the case had been settled,
Plaintiff, recalled, said there were two similar
accounts.
His Lordship-For the same amount aud containing the same items?
Moore, or some name like that.
Plaintiff The other bill belongs to Dr.
His Lordship-I am very sorry_for_you, There will be judgment for the defendant with costs. but you cannot succeed in this case,
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Tuesday, May 1st.
IN ADMIRALTY JURISDICTION,
BEFORE SIR FRANCIS PIQgott (Chief JUSTICE), AND LIEUT. MCCALLUM (NAUTICAL ASSESSOR).
་
fa
8 B. BRAND V. 8.8. DAINI KOTOHIRA
MARU.
The action to decide which of these two vessels was liable to damages for the collision off Pedro Blanco was continued.
Mr. M. W. Slade, instructed by Mr. E. J. Grist), Grist (of Messrs. Wilkinson and appeared for the Brand, and Mr. F. H. Sharp, K.C., instructed by Mr. John Hastings, repre- sented the Daini Kotohira Maru.
Mr. Sharo said the Daini Kotohira Maru was the old P. and O. ss. Nanking, and on this occasion was on be way to Hongkong from Japan. On March 18th fog was encountered which continued with occasio al intermissions, and varying density until the collision. The speed of the Japanese vessel was 84 knots. On the morning of March 20 the Chief Officer went on watch. There were then two quarter- masters and an apprentice on the bridge and a seaman on the fo'castle keeping a lookout. The fog was dense and the Daini Kotohira Maru was continually and regularly blowing her whistle. The only whistle from another ship which was heard was about five min- utes past four. For a very short time they heard this whis le on the starboard side forward of the beam. At 4.20 the whistle was
article 16 and under the principles of good sea- manship (article 29) the Brand should have stopped when she heard the Daini Kolokira Maru's whistle on her port how; when the Japanese vessel was in fact approaching her. That the Brand altered her course to port at 5.10 when the Kotohira Maru was ap- prosching on the port bow was wrong, and in faot caused the collision.
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Evidence was led and the Court adjourned.
Wednesday, May 2nd.
ÎN ADMIRALay JurisdicTION,
BEFORE SIR FRANCIS PIGGOTT (CHier JUSTICE) AND LIEUT. MCCALLUM, RN, (NAUTICAL ASSESSOR).
$4
''
8.8. BRAND v. 8.8. "DAINI KOTOHIRA MABU."
The hearing of this action, in which his Lordship was asked to decide who was to blame for the collision between these vessels off Pedro Blanco, was continned.
Mr. M. W. Slade, instruoted by Mr. E. J. Grist (of Messrs. Wilkinson and Grist), represented the "Brand", and Mr. E. H. Sharp, K.C., instructed by Mr. John Hastings, appeared for the " Kotohira Marn.”
Mr. Sharp called
Mr. Carmichael, superintendent of Messrs. Jebsen and Co., who said it was the custom at sea to clean out fires immediately after the watch. This took about twenty minutes, and | the fires fell about 2 lbs. The maximum fall in a vessel like the "Brand" would make a difference in the speed of from three-quarters of a knot to a knot. If the ship stopped for five minutes, the steam pressure would go up.
Cross-examined — Witness considered the damage before coming to the conclusion that the "Brand" must have been travelling at six koots. The displacement of the "Brand" fully loaded would be about 5,000 tons, and that of the "Kotobira Maru”: about 12,000 tons. If the “Kotohira Maru”' hid best at rest and the other ship moving, she would have out right into her. Part of the damage to the
· Kotohirs was due to the speed and weight of the "Kotohira Maru.". The stem of the "Brand", witness thought, was bent to starboard" when the vessels collided.
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