The New York herald., 1870-03-28
NEW YORK HERALD MONDAY MARCH 2s ls7O.-TRPLE SHEET

soon as nc saw fne One das lights; that he acted
guy afar ~ soppng nus engines that he had no lime
cisea sp'nn ~ iUor rev arse them. and that he exer
& when M ne % saw that collision was Imminent, and
Una. one onelmas roms elm was kept to starboard
we ind % that the damage which has been sustained
fau,t I Of her s IN no way attributable to the de.
AZ IegaIms the second question which the court Is
@ upo 70 decide, VIE: the conduct OF Mr.. Eyre
,ss observ W" collision had taken place. It may be
GUS % elaboration among ourselves, and most care
.ui consideration OF all the evidence adduced, that
from the evidence before u.s. that dark but star
light night, the 24tn OF January last the steamship
Eyre so coson With H. the Unsea States
corvette Oneida In the close vicinity OF Saratoga
SPIT, situated some ten miles from, from Yoko-
the Bombay was comparatively slight. that
guns were fired from the Oneida as signals
sion took place. that the reports Of these guns were
not heard nor the flashes seen on board OF the Bom-
bay that after the collision the fact OF the Bombay
having been hailed from the Oneida was reported to
Mr.. Eyre; tnat Mr. Eyre only knew that some Of the
upper works Of the Oneida had been carried aw ay,
S' s psssess9s sm''s and
one Of which was reported TO him as
making water fast; that the whole extent OF the
till the day following the collision; that immed-
atey aiter the collision 1t was not considered to be
serious for nad y been 80 IL is natural 70 suppose
availed OF, and the Bombay run to the Saratoga
Spit; that, In our opinion, no danger to the Bonn
bay ner passengers or cargo was apprehended by
Mr. Eyre that from the questions he asked the pilot
he evidently thought that the Oneida might possibly
have sustained serious injury; thai he waited at
the most 1--WE minutes after the collision 10 SEQ If sig.
nails OF distress were made from the Oneida; that
after hls snip again proceeded ne gave no orders
oneida; that had he or any one else peen keeping
proper lookout the flashes Of the Oneida's guns
hau hnA nfrh hair snrf1 lrht
not nave been heard.
Under all these circumstances 1t becomes our duty
to pronounce whether, In our opinion Mr.. Eyre
was justified in proceeding on his voyage without
waiting to ascertain wie5ner the Oneida was in
need OF assistance.
we recognize the fact that he was placed in a
position OF great difficulty and doubt, and In cir
cumstances under which he was claed upon to de-
our opinion that he acted hastily and illadVsedly
IN that instead or wait Ing and endeayorng TO rem
reason to believe that his own vessel was IN peril
GUS condition, proceeded on his voyage.
TINS conduct constitutes IN our opinion breach
OF the tnlryhird section Of the sxtythrd chapter
OF the merchant shipping act amendment act OF
1862, and we therefore feel called upon to suspend
this date.
FRED. LowDER
British Consul, President OF the Court.
ARTHUR TINKLER
Commander British steamship ocean.
DAVID MOORE,
STAFF Commander British steamship Ocean.
JOHN GILFILLAN,
Master steamship Sultan.
WIN. CHAPMAN,
Master Of RockltRe
| KANAGAwA, 18th Feb, 1870
Mr. Barnard then rose ana addressing the court
said:-F have duty 70 perform under The circum
stances which Will do very shortly, having some
what anticipated that should pe called on in tnt
interests OF my Client Captain Eyre, to respectful,
appeal against your judgment 10 the Board Of Trade
the PresdenL-There's no appeal to the Board O
Trade.
Mr. Barnard then respectfully submitted that his
Honor had misinIerpreted the meaning OF the act
and that there had been no legal duty shown By
which it appeared Incumbent upon Captain Eyre t(
turn round and chase the other vessel and that thu
Court was not called upon to give an opinion upor
moral obligation.
Tue Presldent-Let me tell you at once Mr.. Bar.
nard, we do not ask for anyb0dv's opinion but WI
are accountable to the Board OF Trade-and th,
| Board Of Trade ony-for the decision which ha
been given. 1t Is perfectly unnecessary for you L
argue any more.
The court then rose