The time of the collision is agreed at between 11.47 p.m. and 11.50 p.m. The Assessor has very carefully worked out times, dis tances, and speed given in the evidence on both sides, and we arrive at the conclusion that, on that evidence, at the time named the Teh Hsing would have passed southwest by south of the point named as the place where the collision took place about four cables, and the Han Wo would have passed northeast by north about eight cables of the spot. All the witnesses were very definite as to the point on the river where the collision took place, and there was good reason for their definite opinion, namely the Teh Hsing having gone ashore and having to be got off, the Han Wo stopping, etc., so there was time to observe and be sure of the spot.
This caused us to consider what had hindered these two vessels so as to cause them to come into col-" lision at the place and time at which it was practically admitted by both sides that it had happened.
We have come to the conclusion that it did take place at the point imamed, and that the reason the Teh Hsing had not reached the point where our reckoning makes out she should have been, according to the evidence of the speed and time before us, is that she went ashore before the collision.
Our reasons for this are as foljlows:—The pilot of the Teh Hsing states that after passing Two Fathom Creek and having made the left or starboard bank, he continued his course S. W. by S. at one {cable from the starboard bank. When he first sighted the Han Wo, therefore, he would have been' one cable from the bank; this was at 11.40 p.m. In his evidence he says "'When T saw her lights I gave order to quartermaster, 'Port a little.' We were. about one cable from the shore." The helm was ported a little, which brought us a little nearer the shore. The chief officer of Teh Hsing says much the same, "After Port a little' her head went in for the shore a little. The quartermaster says, 'About 11.40 p.m. the pilot gave order, 'Port a little' in English. did, I went half a point for two or three Then 'Steady.' It was two or three minutes after 'Port a little.' After 'Steady' I steadied and kept steady. The engines stopped, the Han Wo passed, and then I heard a crash." Considering that the ship was going at a speed of 64 knots an hour, that he ported for two or three minutes, and that before he ported he was only one cable from the shore, she must have already touched the mud and partially gone aground at the moment before the collision.
This is corroborated by my As-. sesser, who has a thorough knowledge of the river, and he is of opin-lion that she must have touched the mud at the time named, or in nautical parlance "smelt the bank," just before the collision.
The pilot of the Han Wo at 11.30 says, "I saw a white light.
It was drizzling.... I did not alter my course after I first saw the white light. I did not pay any attention. I kept on: northeast by north, the same course. I was in the middle of the river and the
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