The Hawaiian gazette., 1870-04-06

qury as 10 the collision between the Q. s. Corvette
Oneida and the P & o. Steamer Bombay" As the
best summary to be had of the evidence taken dur
ing the inquiry, publish below the decision Of
the Court as delivered by Consul Lowder on the
18th of February.
The President pronounced the following decision
The questions before this Court are
First Was the injury sustained by the P. q. o. S.
n. Co.'s ship Bombay brought about by the fault OF
her commander Mr. Eyre?
Second, After the collision had taken place be-
tween the s. s. Bombay and the Q. S. Corvette 0nei-
d. what was the conduct of the master of the
former vesseIg sa @
To enable the Court to decide the first question,
We have before us, shortly the following evidence:
Mr.. Eyre states that about $50 P NJ, corrected
tme,) the Path January last, having passed the
lighthouse situated Kanousai, his attention was
called to the fact that vessel approaching him
on his port bow. He thereupon looked through his
glass and perceived a bright light half point on
his port bow, and Immediately afterwards he saw
the two side lights of the approaching steamer He
imagined that this steamer (Which is aseertained TO
have been the q. S. Corvette Oneida,) was about
one mile distant from the Bombay, aud Immediately
gave the order to port the helm, thus shutting out
the Oneidas green light. Not content with this he
gave a, second order "hard port and turned on
his steam whistle. He supposed this TO have oc-
CURED five six minutes before the collision
took place, which would place about l or l u mile
between the two steamers at this point. He kept
his helm hard port until suddenly he saw the On
eida under full sail and steam standing his
bows. Upon this he stopped his engines; and then,
seeing that collision was imminent, put his helm
hard a starboard so as to bring his vessel round
n
side. The attempt, however, proved Intellectual to
avert the collision, and the Bombay struck the On
eida her starboard quarter The vessels separated
and the Bombays helm was at once put to port in
order to clear her stern and boats, and save second
collision
On the other hand, Mr.. Yates, who was the officer
in charge of the deck of the Oneida this OCCASION
gave the totally different account of the oc-
currence he stated that the Bombay's masthead
light was reported to him by the starbosrd lookout
man as being in sight some Is or 16 minutes before
the collision took place-say about 6:25 P. NJ, by
his own accountant about half point on the
starboard bow. That at this time the Oneida, which
had been heading S E. by S., was just recovering
her former course, viz: S. by E. u z. That the
! Bombay came round Kanonsali, passing to star
board, and thus opening out her green light, still
one point on his starboard bow. That at this time,
ne thought The Bombay must have been three miles
off; but the Oneida was kept on her course as both
be and the navigating officer thought that the Bonn
bay would pass to starboard. Presently the navi-
eating officer having left the deck, he the Bonn
bay at the distance of about mile off, three points
on his starboard bow, and heading directly for his
green light The opening out of all three lights Of
the Bombay at this time showing him that she was
approaching with port helm, he at once gave the
order to 'stnrbosrd," and then hard starboard."
He believed that he opened the Bombay's three
lights some three minutes before the collision SO
that the vessels must have been about a mile apart
at that moment.
Now, these two statements are utterly irreeoneil-
able, and though the collision is accounted for by
each of them, it certainly never could have occurred
If both correct. 1t is, therefore, necessary
look further, and see how far each is substanated
The statement of Mr.. Eyre is borne out in all its
material points by the evidence of the pilot and
chief officer who were on the bridge with him; and
also by that of all the officers of the Bombay who
able to testify to the circumstances
With regard to Mr. Yates's statement, however
the starboard lookout man of the Oneida affrms
that at about fifteen minutes previous 10 the COLI
sion, he reported to Mr.. Yates that he a mast
head light right ahead; and that soon he could
green light between one-balf point and point on
the Oneida's starboard bow, About minute or a
minute and half after that lie reported the steamer
Bombay about four five points on his starboard
bow, and coming right for the Oneidas green light
But at no time did he see the Bombay's red light
before the collision took place.
The helmsman asserts that he heard the Bombay
reported three different times by the lookout to the
officer Of the watch--nrst half point his star
board bow; secondly, point-and-a-half or his
starboard bow and thirdly, coming right for the
Oneida. That he received order starboard" |
then steady. "-and then TO let the ship come on |
her again, after the second report had been
made, Mr. Yates again told him to " starboard':
after doing which, be saw the Bombays masthead |
light about five points the starboard side of the
foresail That he kept his helm hard starboard,
until he heard order given TO port; and that |
ss he was in the act of obeyng this order, the two
ships came into collision
1t will thus be seen that the statements of Mr. |
Yates the lookout man, and the helmsman, are |
more or less confcting but il may be gathered from
them that when the Bombay's three lights should |
have been seen by the lookout man well by |
Mr. Yates, she was about three points the Onei- |
das starboard bow, about mile distant, and port
ing her helm.
Mr. Yates states that at this moment he gave the |
order " starboard" and then % hard y starboard."
If these orders had been promptly obeyed the Court
is of opinion that the ships could not have come
into collision But the statement of Albert Rug
mart, the helmsman, shows that the Oneidas head |
was about s. E. when she struck, by which it would
appear that she had only up about three points
in three minutes. So that Mr.. Yates's order could
not have been promptly obeyed.
Hence it is impossible TO account for the collision
BY the statements of the survivors of the Oneida if
these are unreseryedly accepted
We are of opinion that when Mr.. MuldauT said TO
Mr. Yates that he could not go any further to the
port or eastern shore and ordered him to resume bis
course for fear of running to the Saratoga Spit
he should, knowing that if was his duty to get out
of the way of an approaching vessel on his tarboard
side, at once have brought the Bombay on bis port
bow, and opened out his red light instead of sill