Shanghai 16th Oct., 1872. Before Sit Konus Homsny, Knight, Chigy Judge, and Lieut. Heisy of HAS. Cadmus and Capt. Dearnors of the P.M.S.S. Oregonian, Assessors.
The Annie Gray, $25,000} Damage by col-'The Hoperell, $7,000—_§ lision (eross-suits).
Messrs, Hanwoop and Warsewnionr for the Messrs. Eastes and Mysorcu for the Anni Gray.
Mr, Warsewntorrsaid it had been arranged that the two cases should be proceeded with as one, but the Annie Gray's case, brought by the Hopeiell, should be taken as the principal one, and that the other should abide by the result. These were two cross suits, springing out of a collision which ocourred on the 3rd of September in the Shanghai river, 2 little below the Woosung Bar, and just about off a point called Pheasant' Point. If the Court pleased, he would begin by reading the pleadings in the two cases, which showed the story each party had to tell. The petition of the owners of the /Zopewell was as follows port of London, of 574 tous' register of there-1.—The barque Hopewell, belonging to the
abouts, left the port of Shanghai, and proceeded down the Whangpoo River in the charge of a competent and certificated pilot and in tow of the steam-tug Fuhle, on Tuesday the 3rd day of September 1872, at half past Il a.m., Jaden with a cargo of Silk and "ea, and bound for the said port of London. The said barque was then tight, strong, substantial and well found, and was navigated by George Fry Parson, her master, and.a crew of 17 hands. day, about an hour after high water, but while 2—At a quarter past 3 p.m. on the same ho stream was still running up, the Hopewell, in tow of the said steamer, and without any set, crossed the bar near the mouth of the Whangpoo River, known as the Woosung Bar, having noticed two barques and a number of junks at anchor below the Harbour-master's use, and also observing across the point formed by the bend of the said River in this att of its course, and known as Pheasant oint, the masts of a ship (to wit the ship Annie Gray, the ship proceeded against in this cause) coming up the stream in tow, without any sail set, such last mentioned ship then by reason of the said bend appearing to been the starboard bow of the said barque Hopewell.
3.—Phe said barque Hopewell proceeding on ler coarse was soon in full view of the said ship Annie Gray, and then had the said ship about half a point on her port bow. The pilot of the said barque Hopewell thereupon caused the engines of the said steam tug to be slowed, and immediately afterwards the helms of her and of the said barque to be ported, thereby leaving ample room forthe goid ship to passbetwveen thesaidlast mentioned barque and. the said two barques at anchor. All hands on board the said barque Hopewell were on deck, an able seaman was on the forecastle on the lookout, the said master and the pilot were on the poop, and an able seaman was at the wheel, The weather was clear. The wind was light and variable, what there was, being from about S.E.
4.—Uniler the circumstances in the next preceding article set forth, the said barque Hope-well, steoringa course along the right or eastern bank of the said River, and one which would have carried her clear on the port side of the said ship Annie Gray, had the said ship been properly steered, and being then off Pheasant Point and about up to the said two barques at anchor, and the said ship Annie Gray being then dis: tant from her about a quarter of a mile, the said ship Annie Gray was suddenly seen by
Text read from the printed page and cleaned; old type leaves the occasional error.