"On the other hand," the arbitra. tors found, "the evidence on behalf of the Atsuta Mara No. 2 contains so many discrepancies and improbabilities with regard to matters of importance and with regard whick there were opportunities for accurate observation and for preservation of the records that if it were necessary for us to choose in any matter between the evidence fon behalf of each ship we should have no hesitation in accepting the Hsin Da Ming.'
'The chief matters which inthe opinion of the arbitrators were open to question in connection with the evidence on behalf of the Atsuta Maru No. 2 were the follow' soon as it is established that the position of the collision was or N. E. of the wreck, practically the whole of the ease on behalf of the Atsuta Mara No, 2 falls to the ground, not merely as regards all positions referred to by her witnesses, but as regards othe statements of fact which are serious conflict with the testimony on behalf of the Hsin Da Ming.
The Chief Officer Yohei Miyano stated that the bearing on the Beacon Light from the point of collision was S, 74 degrees East and that he took his bearings at once. Capt. Ishii stated in effect that the Chief Officer was taking a bearing immediately before the collision. The log book in our opinion does not confirm this, and both it and the probabilities point to the conclusion that accurate bearings were taken and recorded subsequently when the Atsuta Maru No. 2 was at anchor and that the position was fixed then.
The arbitrators found some thirteen additional discrepancies in the testimony of Capt. Ishii, and further "we hold that the Atsuta Mara No, 2. was side of the chai took place, but even if Article 25 did not "apply, on the she was still On the question of which ship was on the wrong side of the rond precedents were quoted going back to 1863 and it was found that the No, 2 accepted for being on the wrong side of the channel.
It was further found, that the Hsin Da Ming did not in any way contribute to the collision and that even if she did take any erroneous step such step was taken in the agony of collision and therefore was not negligent."
After further findings relating to the value of the ship and cargo, ete.
ith many precedents quoted, they. made the award as quoted above.
The arbitrators who refused sign the award, M. Umetsu and Rennie Tipple, summed up their side as follow:
"(1) That the place of collision is not a narrow channel.
(2) That the Atsuta Mara 2 was following the usual and proper course for down going vessels.
(3) That a bad lookout was kept on the Hsin Da Ming.
(4) That both vessels practically maintained full speed up to the point of collision.
(5) That the Hsin Da Ming, a Chinese built vessel, fitted with engines and boilers about 28 years old, kas been overvalued to the extent of Hull, Mex. $30,000.00, Engines, and Boilers, Mex. $8,000. 00, in all an overvaluation of Mex $88,000.00."
Text read from the printed page and cleaned; old type leaves the occasional error.