Year: 1870

ter has rendered an opinion of which the
following is the principal part. After
describing the position of the Oneida the
court says:


| About the time the Engling Peninsular
and Oriental Co.'S steamship Bombay,
Captain Eyre, hove in sight around Kama
waski point, and to the eastward of it..
distant from the Oneida about five or six
miles, and bearing ahead, then rapidly
passing on to the Oneida's starboard bow.
The Oneida's lookout and navigator made
out the mast head and starboard, or green
light, of the Bombay, and they saw the
Bombay pass from the eastward to the
westward of Kanawsaki light, and her
course was narrowly observed by the Off
Ger on duty and by the lookout of the
Oneida. and she was seen passing clear
and giving her "A wide berth; that after
running some fifteen or twenty minutes,
rapidly changing her bearings more and
more broad--about four 10 five points or
more-on the starboard bow of the Oneida
and while the Oneida's lights were bright
| ~ burning, the Bombay suddenly ported
her helm, and came directly at the Oneida
in the direction of her green light, and
struck her at the starboard mizzen rigging,
at about eight knots speed, cutting away
all her starboard quarter at an angle Of
forty-five degrees, and on line from the
main rigging to the wheel and to the star
board side of the combings of the cabin
hatch, thence clear to her rudder head
down to the waters edge; that the Oneida
had her whole wheel carried away, that
rounded to port and stood in toward the
shoal in an east by north direction, and
sunk in twenty fathoms of water in about
twelve to fifteen minutes after, carrying
down with her some one hundred and fif-
teen of her officers and men.


1t appears fully from the evidence that
the Oneida at no time saw the red light,
but constantly saw the green light of the
Bombay. and that her own lights were
properly placed in full burning order. 1t
also appears that the officers and crew
acted with calmness and discipline, and at
no time We're in doubt or hesitation, but
when the Bombay was about five points on
the Oneida's starboard bow, or three
points forward Of her starboard beam, the
Bombay put her helm hard a-port and
went directly at the Oneida, when the lat
ter vessel at once flung her own helm hard
a-starboard, and it was in that position
and the ship rapidly paying off to port
when the Bombay struck her. At this
time the Oneida headed as high as east by
north, and the Bombay headed northeast.


1t is also shown that after the collision
the executive officer of the Oneida, Lieut..
Commander Stewart, hailed the Bombay
several times, calling to her to lay by, as
the Oneida was cut down. and this when
the Bombay was within Il few yards of the
Oneidas stern; that this call was un-
answered and unheeded; that three or
four big guns were fired from the Oneida
as signals of distress, with the full service
charge of six pounds of powder; and that
these signals were also unheeded.


II was also shown that at the moment
Of the collision the Bombay stopped her
engines fora very few moments, but she
did not once lose her headway; but crush
ing through the quarter of the Oneida, and
making the breach so wide that the per-
sons in her cabin looked out into the open
sea through a space of from fifteen to twen-
ty feet or more. The Bombay kept on her
way direct; that she passed out of sight
of the officers and men who were hailing
and looking at her for five or ten minutes,
and anchored safely in Yokohama harbor
at Z 40 p. NJ. of the same evening; that
the Bombay neither offered nor asked for
assistance, or communicated after the col
lision.


The Court therefore totally exonerates





ficers from all and any blame for this hor-
rible disaster, and find that they acted
promptly; that the Oneida was skillfully
handled, and that the international rules
of the road were carefully and intelligent
ly obeyed.


The Court at this point observes, how
ever, with deep pain, that the Oneida had
lost her gig by the collision; that the din
gy boat had been broken in some time be-
fore her sailing, and that during typhoon
some months previous she had lost her two
largest and most servicable boats, thus
leaving her in the hour of supreme dis
tress with but two boats to save her peo-
pie. Had the Oneida replaced her boats
and gone to sea with a full complement of
them, it is morally certain that many more
valuable lives would have been saved.


The Court censures in the severest terms
the navigation of the Bombay, and say
that her crossing so far over to the eastern
shore with the green light OF the Oneida
in full view as it must have been, is an
action so extraordinary as to stagger COM
mon sense of safety and duty, to say moth
ing of the regulations and seamanlike
knowledge. \ line due south by east,
quarter east, drawn through Saratoga Spit
buoy, and another at point to the west
| Noiu VI h1hdNsdh liSHt, III d uliSCtlOu
north by west, half west, after rounding
the light, which is the pilot course, shows
how improbable it was for the Bombay to
have collided with the Oneida. unless, in
deed, she ran directly at the latter's green
light, as several witnesses testify she did
The cause of the collision, then. is alto
gether and entirely due to the Bombay.
whose commanding officer is to blame be-
yond excuse.


Again, the conduct of the Bombay after
the collision, in passing on out of sight
and not communicating with the Oneida,
in disregarding the loud halls of the ex-
ecutive officer of the Oneida, disregarding
the signal of her steam whistle, which
kept blowing until she sank, and finally
not hearing, or, if she heard. not replying
to three or four heavy signal guns from the
Oneida, although they were distinctly heard
in Yokohama, at distance of over nine
miles, is SO guilty and blamable that this