The following is the text of the finding of the arbitrators In the case of a collision between the Inpanese steamer Kobe Maru and the British steamer Telemachns, which occurred in the Whampoa River on the 17th inst the following evidence is not disputed "The Kobe Maru, drawing 18ft, 10in. aft and 15ft. 10in, forward, was bound for Shanghai. When she straightened to cross the bar with the marke in line, it was high tide, (neap) running flood, and the signal was up for 18ft, Qin, of water on the ber, The wind was fair from north-west, about force &, und according to custom she had the right of way.
"The Telemachus, drawing 17tt. 3, afe, and ift. in, bound with wind at about 5.19 p. the north side of the d tance below the bar marks.
As usual in collision cases much of the evidence is conflicting.
Captain Haswell, who wasin charge of the Kobe Maru, testified substantially as follows:—" Befure reaching the bar I saw the Telemachus and thought she was waiting. When we had the bar ma line abe was two points on our starboard bow. I blew two blasts of the whistle and stood on. The Telemachus did not whistle in reply. When certain of clearing the bar I eased the engines, but at the same time saw that a collision was inevitable, I stopped the engines, and went full apeed astern, During this time the Telemachus seemed to stand across our bow. I think that at the time of collision the Kobe Maru fair on until T wont astern, was nearly stopped. The bar marks were
canted her head to starboard nearly Wo had steerage way when crossing the testimony, except thatthe latter said, orders to blow the whistle once and did so, and immediately after two whistles were blown."
The second euxineer in charge timed the orders he received as follows: At 14m. full speed, at Sh. 18m. stop, at 5h. 19m. half speed and full speed astern nearly together.
ilot Vaughan, who was in charge of the Telemachus, said: When at the lower end of Gough Island, I saw the Kube Maru near the Woosung Lighthouse. I immediately slowed and soon after stopped, but had to go ahead two or three times to keep a straight course. I expected the Kobe Mav tu pass on the port side. I heard no whistle bat saw steam as though one was being blown. We were close to the bank of the river when we collided. When the Kobe Maru took the bar, she was steering straight for us, and kept so almost to the time of collision without chan her course. Her turning astern T think canted her head t" starboard. When we collided we were still forging ahead our helm amidship. The place of collision was below the bar marks, about one hundred yards abore two survey poles on the bank."
Captain Jones said: When we got to Gough Island we saw the Kobe Maru." The pilot said 'There's a vessel coming in and weill slow.' This was at 5h. 10m." At dh, 15m. we stopped. We worked the engines slow and stopped oe-asioually to hold our position. When a collision was imminent, at about 5h 20m., we went full speed astern for about five minutes, The Kobe Maru came on, a little on our port bow, slightly showing her starboard side. We had passed the bar marks, but had not got as far as a small house on the bank."
The chief officer said: 'I was on the forecastle, heard the Kobe Afaru whistle once, and after two or three minutes' inter-was blown again. She came direct Tould see both bows. I thought she would pass on the port hand."
The chief engineer in charge timed the orders he received as follows:—" At dh. 10m.
low. At Sh. lbm. stop. I felt the m_at about Sh, 184m. or Sh, 19m, 20m. went full speed astern, At stopped. We did not go astern il after the c ed On referring to the latest chart of the it is evident that the witnesses (or the Kobe Maru erred in stating that when had the bar marks in line, the Telemachus was two points on the starboard bow. On that bearing she would have been on the flats below Gough Island, It is also apparent that the evidence of the pilot of the Telemachus relative to n and speed after having Kobe Mary, is irreconcilable with that of the chief engineer, and with the times given by him, nnd the captain, From the lower end of Gough Island to the place of collision marked on the chart by Pilot Vaughan, is one mile and a quarter. Accurding to the evidence this was ron againat wind and minutes, which is at the rate of 8} knots per hour over the ground. There is undoubtedly misstatement somewhere, but allowing for errors, it is evident that the Telemachus wag not only nearer to the bar and to the course that the Kobe Maru was steering proaching her at greater speed than was than was prudent, but that she was ap justifiable under the circumstauices.
From the time the Kobe Maru turned ahead full speed with the bar marks on, until she collided, five minutes elapsed according to the evidence, and the distance run to the place of cul on the chart by Cxptain Has tenths of a mile, at the rate of 93th knots per hour across the bar with her keel dragging through mud part of the wa; After carefully reviewing the evidence, and taking into consideration the way in which the steamers collided, we have come to the following conclusion Capt. Haswell, after heading the Kobe Mari for the bar marks, found the Telemachus a little on his starboard bow, heading towards him with her port side a little open. As the Kobe Maru crossed the bar, the relative bearings changed very little if at all, while the vessels were rapidly nearing each other. His decision to pass on the starboard side of the Telemachis was wrong, as he admits that he bad steerage way while crossing the bar, and that without sitaring his helm, his going astern with the engines canted the Kobe i Maru's head sufficiently to starboard to avoid striking the Telemachus stem on. He had, however, little time in which to act, and was misled by supposing the Telemachws to have been nearly stationary, when she was forging ahead faster than the circumstances warranted.
The Telemachvs was wrong in not having waited above the bar marks until the Kobe Maru got well clear of the bar. Pilot Vaughan, knowing her size, was bound to assume that she might have scant water which to cross the bar, and that in crossing she would probably keep the marke in line. It is impossible to locate the exact place of collision, but we are satisfied that the Telenachus' was too neat the bar, and that Captain Haswell thereby found himself ina predicament which he should not have been placed in Our judgment is that both vessels were in fault, and that the damage and luss must be divided equally between them.
(Signed) Joy P, Ronenrs, E. Stewanr, Master 8.9, Oriental, Shanghai, 23rd March, 1891,
Text read from the printed page and cleaned; old type leaves the occasional error.