The decision in the case of Kitano Yoshi-bei upon a charge of involuntary homicide was rendered by Judye Kusakabe Susumu in the Nagasaki Chiho Saibansho on the Srd instant, and is as follows Kitano Yoshibei, aged 59 years, who isa pilot of the heimin class, at No. 18, Nakaya-Mate-dori, Sanchome, Kobe city, at present residing at the house of Inouye Tai, No. 27, Hiratomachi, Nagasaki city, in Nagasaki Prefecture, having been examined upon a charge of involuntary homicide, it is found that he had been engaged by the P. & 0. Company, a British firm, for piloting in the Japanese seas, and during the time he was go employed be took passage in the P: & 0. P.mm., on the 29th November of. the 25th year Ravema to pilot that vessel, At 5 of Meiji (1892), the Ratenna left Kobe bound for Bakan in' Yamaguchi prefecture, her speed being 12 knots. Frosecuting her voyage, at 4.45 am. of the 30th of the same month, she was in the sea south of Nobutsuna island in Iyo. province, Chime Prefecture, Tsurushima lighthouse, and saw the white light of asteamer, distant about five nautical miles. As there was no necessity to make preparations to avoid collision, the usual course was taken, but as a vessel had been sighted ahead, greater care was used. From 4.50 a.m. the course was altered five degrees west as. compared with the usual course. When it was judged that the course had been changed about ten degrees west, the three lights of the other ship were seea at once, at 4.53 a.m., for the first-time. Accordingly it was seen that the other ship had suddenly starboarded her helm.
However, the prisoner ported his. helm, and signals were made to cause the other ship to change her course and port, so that the two vessels would have passed with their red lights towards each other. In this mauner the ship was run toa place where a collision was liable to occur, instead of keeping on her course, although the other ship kept out of the way frst, This was a want of caution on the part of the defendant, and the danger became imminent, the opportanity of taking proper measures to provide for the emergency' bein; lost. Although orders to put the hela hari a port and to stop and go astern were given, they were ineffectual and she consequently struck the other ship about midships on the starboard side, at full speed, with the stem of the vessel, cutting the former almost in two. Ina moment she went to the bottom, in the neighbourhood of Lat. 33.56.20 N., Lon 182.40 B., in the strait of Mutouki Island and Oni Island.
The ship that went to the bottom was' the Japanese man-of-war Chishima: Kan, Lieut. Kaburaki, Acting Commander, with 89 others on board. The Chishima Kan left Nagasaki at 3.a.m. on the 30th November of the 25th year of Meiji, (1892) for Kobe. Proceeding her voyage, at 4.40 a.m, the white light of the Ravenna was sighted about point on the starboard bow, ata distance of about 7 chains from Tauri island. After proceeding on her course for four or five minutes, neither: the red nor green lights of the Ravenna could be made out, and the helm was accordingly starboarded a little, and the ship continued on. that course for about 7 minutes. During this time the white light of the Ravenna was kept on the starboard side all the time, and as the ships approached each other, the Chivhima Kan's helm was starboarded 15 degrees. Two or three minutes afterwards the green light of the Ravenna was sighted. As, however, the green light was being shut out by degrees, the Chishima Kan's helm was put hard: a-starboard, and a signal was given. At the same time the green light of the other ship disappeared, and the red light came in sight. Next moment the stem of the other struck the Chishima Kan violently, at fu speed, amidships on the starboard side. A moment afterwards the ship went to the Bottom, and of those on board of her, Lieut. Kijima and 73 others were drowned, whilst Kaburaki Makoto and 15 others were saved alive, but of the latter, Kaburaki Makoto and nine others were wounded and temporatily incapacitated for labour, which resulted from the negligence of the defendant, Kitano Yoshibei.
The above facts having been proved by sufficient evidence, the Court is of opinion with reference to the law, that it is a delict which should come under the provisions of Art. 17 and 19 of the Penai Code, as he violated the provisions of Art. 21 of the Law for the Prevention of Collisions at Sea, (No. 5 of 1881) Art. 22 of the Regulations for the Prevention of Collisions at Sea, (Law No. 5, of 1880) and Art. 27 of the same (Art. 23 of 1880). The case is therefore transferred to the public trial of misdemeanours in the Nagasaki Chiho Saibansho in accordance with Art. 167 of the Code of Criminal Procedure.
AT " WHOSE PORTAL WE CALL DEATH."
The foreign communities at Kube, Yokohama and Tokio, have been saddened during the week just ended by the sudden and wholly unexpected news of the death of two prominent men, Messrs, Andrew Veitch, who passed through here from Shanghai by the Saghalien which beata these lines to Shanghai, and Major-General Palmer, Mr. Veitch's death is doubtless already known to North-hina readers, It is peculiarly sad, as he fell just as had been reunited to his wife and children after-a long voyage. and upon arrival at the port where he was to.take up more honoured and more responsible duties,
Text read from the printed page and cleaned; old type leaves the occasional error.