The Hawaiian gazette., 1870-04-06

ply resuming his course mat ii, "neh coiisloh
was seen to be imminent, the same promptness had
been shown by the Oneida in porting her helm as
was shown by the Bombay in putting her helm hard
a starboard, 1t might possibly have been averted !;
while, had it occurred, its effects would certainly
have been far less serious. II is shown BY the evil
dence Of the Oneida's officers, that at no time
the Oneida's speed slackened after the Bombay
came in sight; and that although the Bombay was
considered to be persistenty breaking rule of the
road by porting the Oneida's helm was, ueverthe-
less, kept starbcard, and thus the Judgment re-
| quired to be exercised in order to couuteract the
presumed mismanagemeut of an approaching steam
! er was not shown
These observations are not made as judgement
on the management of the Oneida, which is beyond
the province of the court to consider:-but simply
in order to institute such comparison is neces
sary to show the grounds upon which the court ar
| rives at its conclusion.
If the statements of Mr. Eyre his pilot and officers
are TO be believed, we Judge that he was right in
keeping the starboafd side of the channel, and
that he acted perfectly Alright in porting his helm
as he saw the Oneida's lights the port bow.
We judge that be should have slackened speed as
soon as he saw the 0ndda's lights,-that he acted
rightly in stopping his engines-that he had time
after stopping to them-and that he exercised
sound judgement in starboarding his helm when he
saw that collision was imminent, and that the
Oneida's helm was kept to starboard.
Upon comparison of the foregoing statements
we find that the damage which has been sustained
by the Bombay is in way attributable to the de-
fault of her commander, Mr.. Frye ,-..
As regards the second question which the court is
called upon to decide, vz:-the conduct of Mr. Eyre
after the collision had taken place. it may be OBJ
served that it has not been without long aud serious
deliberation among ourselves, and most careful
consideration of all the evidence adduced that we
have arrived at an unanimous decision.
We find from the evidence before us, that on
dark, but starlight night the oath January last, the
steamship Bombay, through no fault OF her COM
mander, Mr. Frye, came into collision with the u
s. Corvette Oneida in tht close vicinity of Saratoga
spit, situated some ten miles from Yokohama
That the effect 1.-THE collision the Bombay was
comparatively slight , a .-aa-r
That guns fired from the Oneida as signals of
distress from 10 TO Is minutes after the collision took
place.
That the reports of these guns were not heard nor
the flashes seen On board the Bombay si-r
That after the collision the fact of the Bombay
having been hailed from the Oneida was reported to
Mr.. Frye.
That Mr.. Eyre only knew that some of the upper
works of the Oneida had been carried away and was
unaware of the amount of injury sustained by her =
That the Bombay was mail steamer carrying pas
sengers and cargo, and built in compartments
only one of which was reported to him as making
water FAST te f-IE 90,
That the whole extent of the injury sustained by
the Bombay not ascertained till the day follow
ing the collision =
That immediately after the collision it was not
considered TO be serious for had it been so, it is
natural to suppose that the knowledge of the pilot
would have been availed of, and the Bombay run on
TO the Saratoga Spit BIC
@ That in our opinion no danger to the Bombay,
her passengers, cargo was apprehended by Mr..
Eyre 1850 .-
That from the questions he ssked the pilot he evil
IDENTIFY thought that the Oneida might possibly have
sustained serious injury Hrr
That he waited at the most Eve minutes after the
collision to if signals OF distress were made from
the 0Deida:-
That after his ship had proceeded he gave no or
ders that box should be kept in the direction
of the Oneda:-
That had he or any one else been keeping proper
look out, the flashes of the Oneda's guns might
have been seem though their reports might not have
been heard.
Under all these circumstances it becomes our duty
to pronounce whether, in our opinion, Mr.. Frye
was justified in proceeding on his voyage without
waiting to ascertain whether the Oneida was In need
OF assistance ~
We recognize the fact that he was placed in po-
sition of great difficulty and doubt, and in crcum-
stances under which he called upon to decide |
promptly; but we regret to have to record it as our
opinion that he acted hastily and ill-advsedy in |
that instead of waiting and endeavoring to render
assistapce to the Oneida he, without having
to believe that his vessel was in perilous CON
diton, proceeded on bis voyage. ~ |
This conduct constitutes in opinion, a breach
of the S3rd section of he 63rd chapter of the Mer
chant Shipping Act Amendment Act of 1862, and we
therefore feel called upon suspend Mr. Eyres GER
tfcate for six calendar months from this date.
Kauagawa, 18th February, 1870.
tsal FRED. LowDER,
H. B. Ms. Coasuh, President Of The Court.
ARTHUR TNcKLER, Comm. H. NJ S. Ocean,
DAVID MOORE, STAFF Comm do
JHoN GMFILLAN, Matter s. s. Sultan.
WILLIAM CHAPMAN, AhIster HockIife
Mr.. Bernard then rose and addressing the Court
said; have duty to perform under these cireum-
staHces winch VIII 40 very shOrtly, having some
what anticipated that should be called on in the
interests of my cept Captain Eyre to respectfully
appeal against your judgement to the Board of Trade
The President: There's no appeal to the Board
of Trade.
Mr.. Bernard then respectfully submitted that His
Honour had misinterpreted the meaning of the Act
and that there had been no legal duty shown by
which it appeared incumbent upon Captain Eyre to
81. IN.
Court not called upon to give an opinion upon
moral obligation. fG IE
The President: Let me tell you at once, Mr.. Ber-
nard, don't ask for anybody's opinion but we
are accountable to the Board of Trade-and the
Board of Trade only=for the decision which has
been given. 1t is perfectly unnecessary for you to
argue any more.
The Court then rose