'M. Consul and Jude.
Wang' Foo, No: 2 lowdah on board the Heron*was then called. He said he remembered the collision with a junk in the third'or fourth thoon, It was after eleven o'clock at-flight and'datk: 'The Tug Boat Ca, frequently hud lighters' going up and dowl the river at night in consequence of the amount of business. It was an understood rule that junk at anchor should of the Sank concerned in the present, case exhibit lights, Witness knew the owner
lived at' Taku,' but' he could not speak as to the time he had been engaged on river, On the night, when the coll occured, witness' was on the Heron. saw the Linsi and the Guiding Star st the: junk, but''tlie Heron did' aot: junk was at anchor, ad she had had one' the coll have demurred, as: those Gri' the tugs would have, sosh her und altered tle ie course, The tug was keeping to' the" enst side of the river, which: was customary, That night many junks hud been passed by them, at anclidr aid with lights-up, In passing them the tug had no difficulty, After the collision the jank' people said tha: when they anchored they lit the lamp and they could not say when it went out.
'Tsu Wang-foo, No, 2 lowdah of the Linsi, anid' he' was on' board when that lighters collided' with the junk. The latter was without any light. it was customary for the tugs to work both day and night there being separate staffs for that purpose.. It was the custom on the river for the junks when xt anchor to exhibit lights, and the owner of the junk must-have been well aware of that: for he belonged to Taku: After the collision those on board the junk came up from below: Some one belonging to. the Guiding Star asked why the junk had not goto light, and the reply was made that they' had had one but it must have gone out whilst'they were asleep. There were four or five men on board the junk, about four. or five others, including the owner, being ashore, Just before the collision, witness who was at the wheel, got the order hard a-starboard,"
Yang Mow-loong, Nu. 2 lowdah on board the Guiding Star, deposed that at the time of the collision he was steering.: 'The junk they ran' into was without " light." He ked them why they-bxd not got one, those onthe junk replied that it had gone Just before the coll ive ti from the Heron to boi and witness obeyed it, had hi aa light'it would have seen a good distance off and the eulision "would ave been Tt was the custom eir the river for junks at anchor to hoist a lamp.
By the Court—Junks in the river were compelled to hoist a lamp: at night, both when sailing and at anchor. He had heard that there was a proclamation to that effect, and if jak owners did not do to they were ined.
li Dino-k wei, look-out man on b Litisi_ st the time' of the collision, said that after that happened he spoke to the people on the junk los their not having had a lamp; They replied that it must have gone out whilst they were sleeping. the one. was on the deck of th junk; but afterwards four or five men appeared. Two other junks were at anchor at the spot, but they both had lamps. was aware that "proclamation: had been issued by the Custows siuthorities making ati vig MH *hid" hut" set ie order it obligatory upon junks to exhibit lamps hidisele but'he' hid Heard of it."
3 aay rr bir "tht Lotdshiip said he had never heard of the proclamation referred to.
This closed the evidence.
Mr. Stokes in addressing the Court submitted that on the evidence that wasadduced in the Court below. supple evidence heard that day, he ask his Lordship to say there was no light. If that: were so, he submitted that the judgment of the Court below should be reversed, The next question to arrive ata conclusion upon was as to whether there was any duty imposed upon the junk to have a light; and with regard to that; as she was not bound by the regulations for preveisting collisions at sea, which usually bound vessels, they had to go back to what. would be ordinary and proper precautions. After quoting from a number of cases, the learned counsel contended that according to them the junk was to blame for not having taken "reasonable and proper pre-to prevent n collision, and therefore not entitled to succeed.
His Lordship reserved judgment.
Text read from the printed page and cleaned; old type leaves the occasional error.