Shanghai, 24th Oct, Before G. Frexen, Esq., Chief Justice, and Captain Jasses PANKHURST, Master of the British chip Serapis, Assessor, In Admiralty.
The pilot schooner $, C. Farnham v, the steamer Crusader.
Mr. Druanioxp app plaintiff Mr. Rozrssox appeared for the defeudante, This was an action instituted by the owners of the pilot schooner 8, C. Farnham against the steamer Crusader to recover Tle, 1 000, a8 compensation for damages sustained in acollision on the pilot ground off Gutzlaff early on the morning of the 2ud September last.
The Preliminary Acts havi been opened and read, Mr. Drummond applied for all wit-to leave the Court.
Ropixsox objected to their leaving Counsel was addressing the Court, a1 pointed out that Captain Rowiv, the master of the Crusader, was absent by necessity, and that id been taken de bene esse. Me. Elliott, the chief mate, represented him, and he claimed that he should be allowed to remain in Court to instruct him as the hearing proceeded in the same way as Captain Rowin would have been allowed to do if be had been present, Mr, Kofod, one of the plaintiffs, would remain and instruct his Tearned friend Mr. Drummond, and, as a matter of justice, he asked that the chief ate of the Crusader be allowed to remain Mr. Drvwstoxp conteniled that it was Captain Rowin's own fault that he was absent. The chief mate was only a witness and not party to the suit, and an exception could not be allowed as regarded him, whereas Mr. Kofod was a party to the sui imply made the the invariable practice, ordered the witnesses to retire, cluding Mr. Elliott, but allowed Mr. Kofod, as a party to the suit, to remain, Mr. Rowixsox said if Mr, Elliott was ordered to withdraw, he must ask that Mr. Kofoil be requested t6 do 80 also.
Lorvsmip said Mr. Kofod was party to the suit, whereas Mr. Elliott was only a witness, Mr. Roptssox asked his Lord to take note of his objection to Mr. Kofod being allowed to remain when Mr. Elliott was ordered to retire, as fter it might rious matter of complaint.
Mr. Davstiosp then read the petition and The petition was as follows William Venn Drammond, Barrister-at-Law and Proctor for the plaintits in a case of damage instituted on behalf of Frederick Anton Alexander Kefod,, William Unite Robert Anderson, J. Sfuller and W, VanCorbach, t owners of the, Plot boat felted the *8. C. Faraban, tguioat the sad steamship Crusader," whereof Them: Howin wow is or lately wa Siaster, her tackle, apparel and furniture, ays as fil September instant, ithe ie boat Norman" to taxed Richard Kit, sailors, nese cooks, "The said Pilot boat was board at this time F. A. A. Kofud, Pilot six Chivese then, tinteof the collision hereinafter pleaded, igh, tae sod trong adi orary repest Ae for et day of September instant, when 99 proceeding an aforesaid, the sil Pilot Kofod sighted, ut a Bittle after five o'clock in the morning, the masts of the ip "Crusader," bearing about East South East, and about nine miles distant 'the said pilot buat proceederl on her course, and at about 20 minutes to aix de lock, and when about, to railes distant frum the said Barque "Ang Course of the said pilot boat was chan direct ce the said Vasque "Anglo Note very Ug The "8.0 Faruhan" was then going at ate of about a mile and a half per hour.
4.—When about " mile from the said barque "Anglo Norman" thesaidsteanship""Crusater" having approselout of the way, and 2 cohen appearing imusiueut, t Fe7 clocatd wot aypextingtoraakeauy attempt tog aid Pilot Kofod ordered the lowdah to put the hell hard a starboard ax the only way to eae the force of the low, but the wind vas so light that this was of very 'S—Just at the came time the holm of the asd steam-skip "Crusader" was pat hard a port, but there wan Rot sufficient tinge and she came on and struck the said "Crusader" vas then going at great speed, abd the blow was a very violent on. The said steatoalip cut fute {sti of the wid boat 3. 0. Furuta," do log great age oper navigation ofthe tid seatuahip Crusader, '6.—The said collision was wholly occasioned by th the negligence or default of thow on board her, the ssid William Venu Drummond prays honourable the Judge to prououice forthe Uatiage proceeded for, to condemn the defendants ant their sti therein, abd in costs, Registrar to revert the The feller 1g Was the answer pled Robinson, Solicitor for John Charles robertso, sive as follow ruader™ is a steamship of C47 tous remanned by a crew of twenty-five hands all told.
Aout §.57 an. of the Sud 5 steam only, was proceed towards the river Yangtze, on a r-lage from Swatow and "Anoy to Shanghai. She wat in charge of th Master Thomas Rain, and a good look-out waa being kept on board.
'3.—When approaching Gutzlaff Island, which waa then Dearing Souths Wrat, and distant about to 1" miles, the pilot boat No.6 (otherwise kuo ten asthe "S.C. Faron") was observed by those on board the "*Crusuler" sta: ding out to the East South Hast on the starboard tack, and bearing abo cine Bort how of the SER ie reten ww te sciaege cis a rein lar a hace w et cete Ble ay ate cly seit BEG Tae core cteg'e BIL titi CRUSOE Nec rented won pier Sopot eS Rimmer Bia Osea cee poaieisy hence er eae skill deal utente itera Bade ea deen Se Ranks Peay ALS pr ase eras inti ect afte Halil aicenis cenmcceeues Phiten that the collision which did occur was a very violent one, scrveral allegations of the petition.
Save as hein appears the defendants deny the 'S—Ihe collision mentioned in the 6th paragraph of the petition of the plaintids and the damage consequent thereon are imputable siely to the improper navigation fof the said pilot boat "S.C. Farnham and to the egligeute or default of those on board her.
Mr, Davsntoxp then pointed out that the Court had now before it the two Preliminary Acts and the petition and the answer, which four documents contained a complete statement of the facts of the on both sides; therefore at this stage it was not necessary for him to enter at any into the facts, But he deemed it portant and prominent of the two parti these three points was the one as where the collision occurred. The p id Gutzlaff. bore S, S.W., about eighteen and on the -other hand defendant the collision occurred at the mouth of the river Yangteze, Gutzlaff Island bearing S.W., distant about eight or ten miles. The second important di was as to the state of the the collision occurred—plaintiffe the Inst of the ebb, force thr defendants said it was half flood, three important actually struck stem struck the pilot boat's starboard bow and defendants said the port bow of the steamer struck the starboard bow of the pilot boat. There were two other alight and comparatively unimportant differences between the statements in the Preliminary Acts which he would merely refer to, urinely, that the plaintiffs said the collision occurred at 6 a.m, and defendants gave the time na 5.50 plaintiffs said the direction of ial 1 and _defendante said it wns 8.8.1. (Alr, Drummond) then entered into the details of the collision, in the petition and idence, it is unneces-here, evidence of Captain farine Surveyor, and Surveyor to Regintry of Shipping, was the firat examined. 1d that at the request of Mr. Maller, pilot, he made a euro vey of the pilot schooner 8 0, Farnham, iced his report of the survey ho he report was rend, a1 follow.
an extract from it:—On survey of the el. found she had been struck on ard bow just obs of windlees, idantly by the teamer; found wit in and brok sion in way of ey all crushed and broken; one frame crushed. fat bead; covering board and three outer planking crushed in and broken 5 thr deck pla ud the metal sheathing from rail down in way of said damage all torn and part gone; and one shroud of fore-rigging carried away." cone sider the cost of putting the schooner Farahani not appear to have been given at right angles. It was in an oblique direction, and he had no hesitation in saying that the dama was done by the indentation in the side of the pilot boat was such as would be produced by the stem. Ho did not think it was the blu of the bow of the steamer that struck the. pilot boat. The blow did not appear to have been a very violent one.
Cross-examined by Mr, Rontxsox—He surxeyed the vessel the same day he was asked, To the best of his recollection this was on the Gth September, the day the report was dated; but the report itself was not written on that day. It was written by hie clerk, perhaps three or four days or a week after. "What he eaid in his report about the stem of the steamer having evidently struck the pilot boat wae simply his own opinion, If the steamer was proceeding at rate of 74 knots an hour, and the lent going very slowly through the water at the time of the collision, he thought the damage would be greater than what he caw if the boat was struck by the stem of the steamer.
Re-examined by Mr. Daunsioxp—He was not told to mention in his report that the stem of the ateamer had atruck the pilot boat, The
Text read from the printed page and cleaned; old type leaves the occasional error.