This was a claim by the China Navigation Ca., Messrs Butterfield and Swire agents, for tls. 20,000 against. the owners of the Struthesk under circumstances detailed in the following petition and answer. Mr. W. A. C. Platt (Messrs. Johnson, Stokes and Master) appeared for the plaintifis, and Mr. H. P. Wilkinson for the defence 1.—The Paoting is an iron screw steamship of 1,088 tons net register tonnage (1,765 gross) fitted with engines of 200 horse-power nominal, is of the value of £22,000 and was at the time of the services hereinafter stated, manned with a crew of 37 hands under the command of Thomas Gyles, her master.
2.—On the 22nd day of July, 1896, the Paoting left Swatow "bound for Shanghai carrying a general cargo valued at about Tls. 14,000 and 1) passengers. She was drawing 8 feet and 5 inches forward and 13 fect and 4 inches aft and the weather was calm cand clear. freshen from the south-east and a heavy swell was encountered. The wind and swell increased and at noon next day the wind blowing in squalls from the south-east, and the vessel rolling violently in the heavy swell, the fore trysail and the main staysail were set to steady her.
4.—At 4.30 p.m. that day, that is the 94th day of July, the wind still blowing in squalls from the south-east and a heavy typhoon swell rolling, those on board the Paoting sighted two steamers lying about 12' south distress. The Paoting immediately bore by east of Patahekok, one Sying signals of down on them and found that the one that was flying signals of distress was the British steamship Strathesk, that she was disabled and helpless, having lost all the blades of her Tying from the fore the' internationd code repeller in the typhoon, and was anchored signal of distress indicated by '*N.C." meaning thereby, "In distress; want assistance." The other was the Norwegian steamship Vormadie standing by the Strathesk.
5.—The Pasting signalled to the Strathesk send a boat, and in answer the first mate of the Strathest came off in a boat and boarded the Paotiny. A conversation took place between him and the master of the Paoting and eventually the latter agreed to endeavour to tow the Strathesk to Shanghai, and the mate returned to his ship proceeding on the part of the mate in going to and fro between the two ships in a boat was attended with a considerable amount of danger and risk, owing to the violence of the wind and the heavy sea that was ranning. The boat on its return to the Strathesk was broken by being dashed against the side of the ship and was not hauled on boar 6.—The master of the Paoting anchored his vessel ahead of the Strafhesl: in '4 fathoms of water, and then got a line on boanl the Strathesk by floating down a life buoy between the two ships, and eventually a4-inch steel hawser and' one 6.inch' Manila rope belonging to the Strathesk were hauled on bourd the Paoting and made fast; the other ends of the hawser and rope were made fast to the Strathest's cable.
This operation of making the two ships fast took about three hours: to do and was most laborious and difficult, owing to the moun-famous typhoon swell that was running.
7.—At 7.30 p.m. the Paoting started for Shanghai with the Strathesk m1. the following morning, that is the 25th of July, owing to the strong wind and moun-famous swell the two lines carried away, the steel hawser going first_ and the Manila immediately afterwards. The Strathesk thereupon anchored and the Paoting turned round and made ready to stand by her till morning all hands were turned out, the ends of both towlines were hauled in, the Paotiny's Manila tow-rope was got up, new tackles were rove of and all was made ready for another attempt to tow the Strathesk at daylight.
8.—At 5 am. the Paoting steamed ahead of the Strathesk, let go the starboard anchor, paid out 60 fathoms of cable, and commenced to try and make fast the two ships again, The Pavting, owing to her anchor not holding, several times got dangerously near the Strathesk and repeatedly had to yo ahead with her engines.
Many attempts were made and various methods used to make fast the two but time after time they broke adrift owing to the mountainous swell that was running. Eventually, after three hours' work, the Paoting's 4-inch steel hawser was made fast to the Strathest's cable and towing was recommenced at 8 a, m.
9.—At 9 a.m. there was a tremendous beat swell running and both snips were rolling rails under, so much so that the Paoting's lower bridge on the starboard side was put under water and the chief officer's berth filled.
10.—At 9.30 a.m. the steel hawser again carried away. The remains were hauled in on board the Paoting and it was found that the eye had drawn clean out where made fast to the Strathexk's chain-cable and, moreover, it vag badly strained throughout.
The P-ating then signalled to the Strathesk to anchor and steamed round and went ahead preparatory to making one more attempt to take her int tow.
11.—The Paoting's starboard anchor was dropped a little over one cable's length ahead of the Strathesk and 120 fathoms of chain was paid out.
The ships being too far off one another the Paoting hauled in her cable to 45 fathoms, dragged down a little and paid out again as before, the anchor holding well.
A small line was then' got on board the Strathesk by means of a life buoy floated down from the Paoting and to this small bent the Paoring's 9-inch Manila tow-rope, one end of which was by this means hauled on board the Strathesk.
The Strahesk then signalled that she had 90 fathoms of chain cable to spare, so. the master of the Paoting determined to heave this Fight aboard his ship and make it fast if possible.
This, after infinite labour, and by means of wires right forward to capstan and winch and heavy tackles aft, he succeeded in doing.
While this work was proceeding the Chinese crew of the Paoting being tired out began to get mutinous and much tact was required in dealing with them; all dangerous Parts of the work, such as shackling of wires, which necessitated men being slung over the taffrail, the European officers were compelled to do themselves, The Strathesk's chain cable was made fast to the Paoting's port after bits, 15 fathoms of the Paotiny's stream chain was shackled on to it and made fast to the port. midship bits, two wires were also attached to the Struthesk's cable inboard, one being made fast round the mainmast and the other across deck to the starboard midship bits.
12.—This work of making fast the Strathesk to the Paoting, which ended by the former cable being hauled on board the Paoting, was commenced at 9.30 in the morning and' was not finished until 4 p.m, the same day; during all that time there was a very heavy beam swell and both ships were rolling violently; the Pauting's windlass was badly strained and broken and various other damage was done to her.
13.—At 4 p.m, the Paoting have her anchor and proceeded to Shanghai with the Strathesk in to 14.—At 9.35 the same night, that is the night of the 25th July last, the vessels passed through Steep Island Pass, the work: of towing the Strathesk being then very difficult on account. of the strength and action of the tide, added to the state of the wind and sea, 13.—At 1.20 a.m. the following mornin, the vessels passed through Bonham Island Pass, the wind and sea gradually moderating and eventually at 45 minutes past noon of the 26th of July arrived at Woosung.
16.—The Strathesk let go her anchor, and immediately on her doing s0, the Paoting, hampered by the weight of the Strathesk's cable which was still attached to her took a sheer, and the tide catching her swuing her right' round, her port quarter striking the Strathesk aft, the Paoting's mooring chocks Joing driven in thereby. The Strathesk then slacked away her cable and further damage was so avoided. The operation of towing the Strathesk was then completed.
17.—The Paoting proceeded alone to Shanghai, leaving the Strathesk safely anchored at Woosung, and arrived alongside her owner's wharf at' 5.30 in the afternoon of the same day, the 26th of July, 1896.
18.—The Paoting towed the Strathesk altogether about 167 miles, and was employed at that service from 4.30 p.m. on the with of July to 1.80 p.m. on the 26th of July, and by the services of the plaintiff the Strathesk was resetted from a very dangerous and critical position, for considering the state of the wea ther and the sea, if the Strarhesk had dragged her anchor or parted her cable she and all on board her might have been lost.
19.—The Paoting also encountered a considerable amount of risk, first in making fast to the Strathesk, and afterwards in towing her, for the Paoting might have been driven at any time by the violence of the wind and sea against the Strathesk, and, further if the tow Lines or chain cable had' got foul of the Paoting's propeller the blades would have broken and she would have been in as helpless and critical a position as the Strathesk.
20.—It has cost $1,113.79 to make good the damage done to the Paoting as hereinbefore stated.
21.—The Strathesk is an iron screw steamship of 1,454 tons.net register tonnage (2,271
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