The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-28

Reports have been received from Japan OF the
proceedings OF the Yokohama Court OF Inquiry.
We have published abstracts OF the case from time
to time The following was
The Decision of the Court.
The President said -
The questions before this Court are;- -
/. Was the injury sustained by the Peninsuar and
Oriental Steamship Navigation Companys ship Bonn
bay brought about by the fault Of the commander,
2. After the collision had taken place between the
steamship Bombay and the United states corvette
Oneida, what was the conduct OF the master OF the
The two statements OF Captain Eyre and Lieu
tenant Yates are utterly irreconctabe; and though
certainly could never have occurred both are cor
rect 1t is therefore necessary TO look further and
see how far each Is Substantiated. The statement
of Mr. Eyre is borne out in all its material points by
the evidence Of the pilot and chief ofoer, who were
on the bridge with him, and also by that OF all the
Officers Of the Bombay who are able to testify to the
circumstances.
Upon a comparison OF the foregoing statements
we lind that the damage which has been sustained
by the Bombay is in no way attributable to the de-
fault of her commander, Mr. Eyre.
As regards the second question which the court is
called upon to decide viz, the conduct OF Mr. Eyre
alter the collision had taken place, 1t may be OBJ
served that has not been without long and serious
deliberation among ourselves, and most careful
consideration of all the evidence adduced that we
from the evidence before us, that on a dark but
starlight night the Path OF January last the steam
| ship Bombay, through no fault Of her commander,
| Mr.. Eyre came into collision with the United
States corvette Oneida in the close vicinity OF Sara
| tOga spit, situated some ten miles from YOko-
homa; that the effect OF the collision
| the Bombay was comparatively slight; that guns
| were fired from the Oneida as signals OF distress
from ten to fifteen minutes after the collisions took
place that the reports Of these guns were not heard
| nor the flashes seen on board OF the Bombay; that
after the collision the fact of the Bombay having
| been hailed from the Oneida was reported to Mr.
Eyre; 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 sus-
| tained by her; that the Bombay was a
| mail steamer carrying passengers and cargo and
| xyaa bui Of WI
| reported to him as making water fast; that the
whole extent of the injury sustained by the Bombay
not ascertained TIL the dey following the COLI
son that Immediately after the collision it not
considered to be serious for had 1t been so is
would have been avsled Of and the Bombay run on
to the Saratoga Gangar Spit that, ar,.T in our our
passengers, or cargo was apprehended BY Mr..
Eyre; that from.the questions he asked the pilot
have sustained serious injury; that he waited at the
most five minutes after the collision to If signals
of distress were made from the Oneida; that after
his ship again proceeded he gave no orders that a
lookout should be kept in the direction of the
oneida; that had he or any one else been keeping
proper lookout the flashes OF the Oneida's guns
must have been seen, though their reports might
not have been heard. sH-
Under all these circumstances it becomes our duty
to pronounce whether. in cur opinion, Mr.. Eyre
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 a
position OF great difficulty and doubt, and in cir
cumstances under which he was called vupon to de-
eide promptly; but we regret to have to record it
as our opinion that he acted hastily and l-advsedy,
in that, instead OF waiting and endeavorlng to rem
der assistance to the Oneida he without having
son to believe that his own vessel was in perLous
condition, proceeded on his voyage.
This conduct constitutes In our opinion breach
OF the thrtythird section of the sixty chapter
OF the merchant shipping act amendment act of
1862, and we therefore feel called upon suspend
MIR. Eyre's certificate for six calendar months from
this date.
.... FRED LowDER
British Consul, President of the Court
. ARTHUR TINKER,
Commander British steamship Ocean.
DAVID MOORE,
Stan Commander British steamship Ocean,
JOHN GILFMLAN,
Master steamship Sultan.
...- .-.-.. WILLIAM CHAPMAN,
Master OF Rockliffe.
Kanagawa, Feb. 12, 1870.
Mr.. Barnard then rose, and addressing the court
sald:-l have duty to perform under the circum
stances. which will do very shortly having some
what anticipated that l should be called on in the
interests of my client, Captain Eyre, to respect
fully appeal against your Judgment to the Board of
Trade. .a- :
The President-Theres no appeal to the Board OF
Trade.
Mr.. Barnard then respectfully submitted that his
Honor had misnterpreted the meaning of the act,
and that there had been legal duty shown by
which 1t appeared incumbent upon Captain Eyre to
turn round and chase the other vessel and that the
court was not called upon to give an opinion upon
moral obligation.
The President-Let me tell you at once Mr. Bar
nard we do not ask for anybOdys opinion, but we
are accountable to the Board of Irade-and the
| Board OF Trade only-for the decision which has
been given. 1t is perfectly unnecessary for you to
J argue any more.
/ The court then rose