"Assistant Fudge of H.M.'s' Supreme Court, and Captain J.P. Roprars, Marine Surveyor, and Captaii Bowes, Master of the steamer Tuisin, sitting as Nautical Aasessors. will be remembered that on the Sth inst. the British barque Chinaman, in proceedi down the Hwangpoo river on her way ray ashore on the Pootung bank, abreast of Gough Island, and that she floated just about the time the C.M.S.N. Co.'s steamer Kiangteen was pansing, bound to Ningpo. The two vessels came in contact, and each sustained considerable damage. It was arranged to submit the matter to arbitration hiefore the al m il gentlemen, and to-day was first sitting, which took place in the Civil Summary Court of H.M.'s Supreme Court.
Mr. Watnewrrcur appeared on behalf of the Chinaman; and Mr. Drummond conducted the euse on behalf of the Kiangteen, Reporters were admitted, but it was unch atooil the evidence was not to be published until all of it had been given, Mr. Wartxewrtor, in opening the pro-coedings, narrated the circumstances of the collision and anid at this early stage he did not propose to go much into the law. Accor ing to the opinion ho had formed the would really be found to turn mostly upon the rule of the road, as laid down in Articles 15, 16, and 17, which ho read as follow: Article 15.—Li two ships, one of which tailing ship and the other a steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of th ig ship. Article 16,—Every steamship, when approaching another Bhip #0 as to involve risk of collision, shall slacken her speed, or if necessary, atop and reverse; and every steamship shall, when in a fog, go ata moderate speed. Article 17.—Every vessel overtaking any other vessel, shall keep out of the way of the said last mentioned vessel. The sixteenth rule was the one upon which he maloly relied, but the other two more oF less boro on the case.
The following e\ ¢ Was then called on alf of the Chinaman ALLEN MackENzi£ deposed—I am master of the British barque Chinaman, Her registered tonnage is 667 for She is 185 feet her beam is 31 feet. On the day of ion we left Shanghai about half-past one o'clock. Our cargo was rice, in page, and stone ballast. We were in tow of the am-tug Fokelin. Pilot Muller was in charge of the chip. Just off Gough's Island the ship took the ground, That would be about three o'clock, the tide being still rising. (Witness marked out on the chart the place where the Chinaman took the ground.) After grounding we worked to get her off until the tow lines broke and the tide lowered. The same afternoon I returned to Shanghai with the Fokzlin and sent down four lighters, Another lighter was engaged on the spot. I remained in Shanghai. I could not get down to the vessel on Saturday—no one would go on account of the rough weather it was blowing so hard and a very high sea on. It was blowing a regular gale. I returned to the vessel on Sunday morning. My crew consists of twenty men all told. The Chinaman is now in dock, being re paired, I have a statement of the damage she sustained through the collision with the steamer Kiangteen. (An entry from the official log was then read. It gave a detailed account as to how the Chinaman got on shore, how the collision occurred, and the damage the Chinaman sustained.) What I have in that statement about the mn, which I did not see, was obtained officers of the ship, the crew, and the pilot; what I have said about the damage was from my own observations, From appearances I should say the steamer struck the Chinaman yearly but as the rudder post is forced to the port side the i that the blow was a little ide, When we left Shanghai the Chinaman was drawing 16 feet 10 inches forward and 17 feet aft; when ske was on the bank about half-an-hour before high water she was drawing 14 feet 6 inches. I know nothing more out the collision than what I have now been to Shanghai oft poo river as well masters, The Chinaman barque rigged, and when she left wanglai all her sails were perfect order.
She has what is called an elliptic stern—not quite round, hut nearly #0.
It projects beyond th radder about el log I personally inquired of all those on hoard blow the occurrence took place. Pilot Muller was on board at the time of the collision, When towing astern Matheson, holds master' certificate, and the George Foster, holds only a mate's certificate. Ihave no other certificated officers, The crew are all Europeans, The pilot was on board the Chinaman at the time of the collision, and 'Captain Roberts was in charge of the tugboat. 'The pilot told me that he ordered Captain Roberts to blow the whistle twice when the steamer proaching, and afterwards Captain Roberts told me' he blow the whistle twice. The chief mate and carpenter told about letting go the anchors as described in the entry in the Jog. The tugboat engaged by me, It was the Fotelin, The same tug towed my vessel off the ground. Pilot Muller was in charge of the Chinaman at the time of the collision and the tugboat was under his directions. It is that the Chinaman was at fectly still in the water ocourred. She had two anchors down and it is therefore not likely that sue could rua to the steamer; the steamer, in my opinion, ran into her. The direction of the wind was N.W. A vessel at anchor generally li with ber head to the wind, but it depends on the depth wf water and strength of the tide.
I describe the position of the Chinaman in the log at tne time of the collision she was head to wind, but heading North, only reason I can give for her not being head to wind is, coming off the bank, it would take her some tims to get into that position Both anchors were let go from the bows of the veesel—one from each side, I never had the vessel ashore near Shanghai before. had her once ashore in the Gasper Strait when we have just be clewed up. They were to assist the tug in getting her off the bank.
Owex Ropents, deposed—I was Captain of the Fotelin when she towed the barque Chinaman down the river on Friday, the 5th instant, and about threejo'clock in the afternoon the Chinaman took the ground, For a couple of hours after she got ashore I towed both on her atom and bow to try to get her off We worked about a couple of howe at ber, giving over when the tide fell. We towed again at her on Saturday's morning tide for about the same time, but only from the stern, While we were towing at lier the steamer Kiangten and one of Mi Butterfield and Swire's steamers passed up. Two of the lighters were then alongside the ship and the other two were a short distance off, We could not get the vessel off and waited until the afternoon when we tried again, The havrser was then fastened on her port quarter, and the tugboat was sometimes dead aft." The wind was then about N.W., Mowing ver heavy, #0 heavy that the sea was breaking a over the tow boat, The weather was clear. We started to tow on Saturday afternoon about aquarter past three o'clock, when it should judge she came off when the rising marie as nearly high water, and we got her off, I
of the tide at the Woosung Bar had been down about teu minutes, could not say what time it was, but it was just getting dusk when she came off. The first thing I heard abou' the "Kiangteen was the pilot shouting out to me "there ig steamer coming, look. out for her." I first saw her when she was about ilot told me to blow together minute and-a-half or the whi 10 twice—two whistles
two minutes afterws twit again, About three ing the first whistles the Chinaman came off the bank, I did no: expect her to come off then og the rising mark was down and the water was falling. The pilot told me to tow after the 4 taark weutdown, and he also suid that 1 off he should anchor, When I Kiangteen did not a She did not to alter her course, I blew the whistle the second time the Chinaman had just moved and she came off immediately afterwards, The pilot gave orders for her to anchor, and Least off when L beard the anchor go down. The Kiangteen had then come up and was under the ship's quarter, The tugboat was nearer to the Pootung shore—the right bank of the river, Tsaw the ovllision between the Kiangieew and the Chinaman. 1 cannot out the exact place where it took place, should judge there was room enough between Gough Island and the Chinaman for the Kiangteen to pasaclear. After the collision, by orders of the pilot, T went to the Ki een to ask if he wanted assistance, Captain of the Kiangteen anid he was going to bar and then anchor, He also said "How won it that ship did not: let go to which I replied Way the pilot order the other anchor to be lowered T heard the fir go down, Thig just before the coll T do not know that the Chinaman could do miything else to avoid the collision, but the Kiangtven might have stopped when I blew. the whistle, With the wind and tide I should say she could have stopped in two minutes, the collision the Chinaman ran ashore bow foremost, a short distance above where she was before. The Kiungteen went back and anchored near Hw way Point. The lighters at the time of the collision were at anchor in the stream a little w the Chinaman. The Cuxtoms' cruiser Kwa-shing came up the river and passed the Chinaman about ten mi tes before the colli sion.
The Chinaman was then ashore, The wed by Mr. Drvanrosp—Wo got the Chinaman off the bank by town, She had also her topsail and main-sail set which helped her greatly, The sails were aback, At that time our tow rope was fastened to the stero only. When the vessels have mentioned—the Kiangteen, Messra Butter field and Swire's steamer, and the Kwa shing—passed up we continued to tow at the I considered it safe to do 80, but ed we should ed "t know the width nel at the place. I cannot state it approximately, If was asked to guess it I should say it was about a thousand feet at the top of high water. If a passing ship took the precaution to be far enough on the opposite side, it was not unsafe to goon towing at a vessel ashore on the other bank, and even if the channel was only five humited feet wide Ido not think it would be unsafe to do go in the case of steamers passing. When thoChina-"; man came off don't think she went farther
Text read from the printed page and cleaned; old type leaves the occasional error.