In rebuttal Captain Fouletier, pilot of the Yamashiro Maru, said that he knew the Pierce would start, but he did not know that she had left the wharf. He could not see from his position on' the bridge. When he got into the stream he saw the Pierce, but could not return to his berth as a number of sampans came between himself and the wharf. He had no intimation of trouble on the latter until he heard the ship's anchor drop.
To Judge Purdy, witness stated that he could see' nothing wrong with such a duplicate mancuvre—everything would be all right unless something unforeseen occurred.
Each side had another witness to call, but as neither of them was Honour said that be not hear any more experts but would settle the case fon common sense. After 10 minutes' intermission counsel began argument, Mr. Davies stated that this was' not a case of inevitable accident when each pasty must be responsible for its own damage, The use of the trouble was the break-
1g of the rope. Defendant had serted it to be inevitable, but!
not introduced one bit of evidence to show the usual- precautions taken.
Mr, Snyder held that plai en ship, the pr cident and the brea the remote reason. His client's Yescel had the right of way, they were first off.
The other ship was culpable.
In his summing up Judge Purdy ed that in his opinion the break in the rope was not the approximate use of the collision, It was an' cident undoubtedly. The size and type of the line were characteristic of all these boats. The whole question it seemed to him, was whether or not the pilot was eligible, as judged from the time a prudent and careful!
was carried away, Wha jroariner heve done under the eirces. He was only a lay-with Haynes from August, 6 t0; (o allow readjustment on the bar- man, his Honour continued, but the or 16, Witness sel, The ship was in a diffeult! vausl conception of a layman is admitted that he owed $61 for food.! position, for the tide slong the twit the ship's engines provide never been divided.
With retard to drinks the bill had shore war aah when they had to order more; They paid strecim, as is common in' running in, while in mid- motive power. He knew that the! on tidal tide was coming in and made to Haynes, s, there may have been no our.
rent dea possible ebb. witness ree cases of whiskey po, ex of whiskeys and. {h, ntributory ice piaintid's part, in the Yamashiro Mara left' her wes of German beer had been But the friends who were not his. They: tin by Haynes. Wite might have had one issiters (0 the Mess Haynes—Didu't you br Wediam—in?—(Witness) ame in to sew you.
You didn't bring Wadham in for the purpose of cashing his post. when he came berth, after the Pierce and thu:
into a position which the latter.
Witness stated that al-thow the Japanese vessel was port and he was only ly ming, the former had no preference, for he, Bennett bean manceuvre first, Before the evidence of Captain Bennett, Mr.
Mezsrs. Seyu Ishiwara and Gonichi Watanabe to establish th dam. age done and the Is paid in re. spect thereof. suggesting that Mr.
Pilot's Corroboration Muynes replied, perfectly well thug the first time met Wadh ife was, in Shepherd's on Witnase said regard to the drinks that h wot reckoned on so many of Haynes's friends coming. in, The neting Judge—I suppose you had drinks with those friends. It some years since I lived in a mess, but it is une of the amenities of ife in messes that you get your drinks with friends.
Captain Guy Waters Cram, wh witnessed the collision from th cffces of the Pilots' Associ the Yangtze Insurance Bull corroborated the evidence of Captain Bennett and portrayed the respective positions of the vessel is from a sketch on his Honour's desk. It seemed to him, he con. tinued, that when the Pierce wa: still at an angle of about 30 degree: from the shore line, the Yamashiro Maru got away for the sea. He could not -consider the action of the Jspanese vessel the best ex-{ lireetly on the sous is negligence, and he not know it he could pass on' it, F
But he continued, "If the engines Lad been started, it seems to. that the accident could not hav happened—the engines have three} speeds forward and reverse, something could have been done."
To him, he went on to say, the negligence took place in the man ulation of the ship after the broke. Tke pilot of the Japanese ship had the right to conduct the same mancurre and could not anticipate the break in the shore line of the Pierce, his Honour added. Pigintff was not guilty of con-tributary negligence, therefore, and as the accident was not inevitable, di "to the manipulation of the
defendant.
gene, he could not find for In giving judgment of Tle. 1,735, Judge Purdy accepted Mr. Snyder's tay of judgment for 30
Text read from the printed page and cleaned; old type leaves the occasional error.