H.B.M.'s gunboat Frolic v, the str. Dragon, and Dragon v, Frolic.
Mr. Rewxte and Mr, Davsstoxp appeared for the Frolic Mr. Hasxex and Mr. Watxewricrr appeared for the Dragon. collision between H.B M,'s "an boat Frolic and the steamer Dragon, belonging to Matthew Catlin Adams, of Nagasaki, on the night of the 16th August fast, between the Tungsha Lightship and the Kintoan Beacon, outside Mr. Davaitoxp said Who Court havin been formally opened, be presumed it was not necessary for him to read the preliminary acts. They were simply a summary of the pleadings, and were in the hands of the parties.
His Lonpsure said he would now open them, and he did not think that they need be read.
Mr. Hawxes said, before his learned friend should ask for the Court with the exception of the ins of the vessels in collision, namely commander Dupuis and Captain Grerett.
Mr. Devstxioxp submitted that Captain Grevett should be ordered to leave the Court with the other witnesses, and that Mr. Adams, the owner of the Dragon, should be allowed to remain. He would not ask for Captain
examined.
Dupuis to be in Court until after he had been Mr. HASNESS said it would be' almost impossible for him to proceed without the assistance of Captain Grevett, and be pointed out that the practice of the Court in cases of this kind had always been for the Captains of the vessel mn z0 be allowed to remain in Court to assist the legal advisers, During mild heve to refer constantly Grovett for instructions, and if ho would be shat they would have several adjournments, Mr. Dnusttoxp would formally apply that all the witnesses on both sides he ordered out exception of Mr. Adams, to the suit, and on that refer to hit Lordship's att tly made to Judge Lindley for a new trial, on the ground that eof the parties to the suit, who was also had been ordered out of Court, was a party to the suit, but and no portant one. was no difference between one witness and another, and if one was sent out of Court they all should be. He would not ask for Captain Dapuis to be present.
Lorpsutr said he agreed with Mr. Hannen's view of the matter. It would be most inconvenient to conduct a case of this kind without the assistance of the Captains of the vessels in collision, It would hardly be possible to go on in their absence, without continual adjournments for Counsel to confer with them. Apart from this inconvenience, the practice of the Court had been for the Captains of the vessels in collision to remain in Court. Therefore, he should direct that all the witnesses should leave with the exception of Captains Grevett and Dupuis.
Mr. ReNnre said he wished it to be understood that he did not apply for Mr. Adams to leave the Court.
His Lonpsute understood that. Mr. Hanuea had applied that all the witnesses, with the exception of the two Captains, should leave the Court; and he (His Lordohip) had acceded to that application.
Bir. Droamoxy then read the pleadings, commencing with the petition filed by the Frolicagainst the Dragon. It was as follows:
Lhe Frolic is a gun-rowel belonging t0 HE. Royal Navy of 462 tone register, end was, at the time of alin her ordinary tri and on AL's servic, Z—A¥ about 10.10 pam. on the 16th day of August 1877, the Frolic waa Uetweon Uke Kintoan Beacon a the Tunyaba. Lightship, steering northwest by west halt west, magnetic, proceeding tudor stew only, being'at, and at th rate of about 6 Knots an Hour, aunt burning ght, sods good Todo wat Kept oar of het. The night waa cloudy but clear, S—Under the eiretmetances abovementioned,, ana almost immediately after the last mentioned hot, the oastead light of the aald. steamship Dragon was seen thave oe buard the Fretlea litle on the port. bow of their veuel, anddistaot about or miles; ad almost Itamediately after the masthead hight was reporter, to rel light from the bridge through glans, Tmitho wait lights continued fa ight for'a period of stout 2) miter a ale.—Tho two vowels approached each other, the officer commanding and the navigating Li if the Frolic ing a carefal watch upon tt yA '80 soon wed that th upon the Dragoa was los Fra the helm of the Frotic tas po.ted a Little to she hee rol light more distinctly if possible to. thoee on board the Decgon, and alison imme Bot ateadiad {he Drago sti appearing to. be oleaing orth Fro, the helm of the fle was again ported ight euldenls" appeared poh eoliion Very hurely afer "Dragos green Appearing funmioete the helm of the Protea put Randa port.
'S.A very short time after the green light of the Dragon appeared to thave on board the Frotic, the Dragon with her bow struck the Frolic on her port quarter, making a lange Hole in her side and letting in oe miuell water that the Folie hid to be beaches, The collision took place abut 10.35 p.m 'D.—The Frolic was, with Shang will PYLATuo sit collision and the damages and lout of their lathes and p consequvt thercoa, are attributable t tie, negligeucs Sod stuproper, condact of those om board the Dr No blame fe atributabie to the Poti oF to any board of her, The following is the answer on behalf of the Dragon. crow of six Europeans and about S—At about 10.25 pin. on the 10th day of August, Drayon, under steaia only, was proceeding dow, hour, her regelation lights burning brightly and good lookout being kept, 'S—At the abore hour, and when between the digeetis for the eaid Lightship, auul having the Kintoan Deacon and the Tung Lightship, the Dragon stering Beacon almost directly asters, ight was seen about to anda half points pon 2 starboard bow, and distant about two miles,
Text read from the printed page and cleaned; old type leaves the occasional error.