FOR OFFICIAL USE
(No. 7848.)
"ELTERWATER" (S.S.).
THE MERCHANT SHIPPING ACT, 1894.
REPORT OF COURT.
In the Matter of a Formal Investigation held at the County
Court, Newcastle-upon-Tyne, on the 1st, 2nd, 3rd, 4th and 5th days
of November, 1927, before JOHN DUGUID WALKER and JAMES THOBURN
CACKETT, two of His Majesty's Justices of the Peace, acting in and
for the City and County of Newcastle-upon-Tyne, assisted by Captain
D. L. NEILSON, R.D., R.N.R., and Commander CHARLES A. SMITH,
C.B.E.. R.D., R.N.R. (Nautical Assessors), into the circumstances
attending the loss of the British Steamship "Elterwater," of
Newcastle, which stranded on the coast of Haddingtonshire, about
three-quarters-of-a-mile S.E. ½ S. of the South Carr Beacon, on the
6th day of August, 1927.
The Court having carefully inquired into the circumstances
attending the above-mentioned shipping casualty, finds for the
reasons stated in the Annex hereto, that the loss of the vessel was
caused by her being set in towards the land by an abnormal current
from the north and east unknown to the master, and his neglect to
verify the position of the vessel by the use of the lead in thick
weather. The Court finds the master, Arthur Stanley Coates, in
default and severely reprimands him. and orders him to pay the sum
of twenty-five pounds on account of the expenses of this
Investigation.
Dated this fifth day of November, 1927.
| | JNO. D. WALKER,
JAS. T. CACKETT, | Judges. |
We concur in the above Report.
| | D. L. NEILSON,
CHAS. A. SMTTH, | Assessors. |
ANNEX TO REPORT.
This was an Inquiry into the circumstances attending the
stranding and loss of the British Steamship "Elterwater," of
Newcastle, and was held at the County Court, Newcastle-upon-Tyne,
on the 1st, 2nd, 3rd, 4th, and 5th days of November. 1927, before
John Duguid Walker and James Thoburn Cackett, Esquires, assisted by
Captain D. L. Neilson, R.D., R.N.R., and Commander Charles A.
Smith. C.B.E.. R.D., R.N.R. (Nautical Assessors). Mr. Burton
appeared for the Board of Trade, Mr. Charles Muir,
Barrister-at-Law, instructed by Messrs. Botterell, Roche &
Temperley for the master, Mr. J. Tinn for the chief officer, and
Mr. Clifford Temperley for the owners.
The "Elterwater," Official Number 148135, was a steel screw
steamship, built at South Bank-on-Tees, in the year 1925, by
Smith's Dock Company, Ltd. She was schooner-rigged, and of the
following dimensions:-Length, 280 feet; breadth, 41.6 feet; and
depth in hold, 20.1 feet. She was fitted with triple-expansion
engines of 231 h.p. constructed by Smith's Dock Company, Ltd., at
South Bank-on-Tees, in the year 1925, and was owned by Sharp
Steamship Company, Limited, Milburn House, Newcastle-upon-Tyne. Mr.
George Lamb, of that address, being appointed manager on 15th
August, 1925.
The "Elterwater" was, on the voyage in question, in good
condition and well found, and fitted with life-boats and
life-saving appliances in accordance with the Act.
The vessel had one compass in position, viz.:-a standard compass
on the navigating bridge on top of the chart-room, by which the
courses were set and steered, the vessel being always steered by
steam gear, the helmsman being in the open.
There was a spare compass originally fitted aft on the poop
which was unshipped, and in the chart-room.
The compasses were last adjusted off the Tyne on the 29th
September, 1926, by Messrs. J. J. Wilson and Son, of
Sunderland.
The master stated they were perfectly reliable, and had little
deviation, such as there was being verified by him by observation
from time to time.
The master was supplied with the necessary charts and sailing
directions, but these, with all the ship's papers (with the
exception of the logs and scraplog), were lost with the vessel.
The master and officers were well acquainted with the waters
they were navigating, having been engaged in the continental and
coasting-trade for many years. They were also perfectly familiar
with the vessel, the master and second officer having been in her
since she commenced trading, and the first officer since March,
1926.
The vessel was supplied with Walker's Cherub log which was said
to run satisfactorily. She carried no patent sounding-appliance,
but had the usual hand and deep-sea leads which were kept hanging
on brackets outside the chart-room, amidship on the bridge, ready
for immediate use.
The "Elterwater" arrived at Ghent at 4.30 p.m. on the 28th July
last, with a cargo of coals from Hartlepool. She had a crew of 21
hands all told, and was under the command of Mr. Arthur Stanley
Coates, who held an extra-master's certificate, No. 035674.
She discharged her cargo at 11.45 a.m. on the 30th July, and was
shifted to her loading-berth at Ghent, at 12.15 p.m. on the same
day, and commenced loading the Ghent portion of the cargo at 2
p.m., finishing at 8 p.m. The cargo consisted of about 500 tons of
pig iron of various lengths, and was stowed in Nos. 1, 2 and 3
holds.
The same day the vessel proceeded to Antwerp, arriving there
about 10 a.m. on Sunday the 31st July. She commenced loading a
mixed cargo at 8 a.m. on the following day, finishing loading on
the 4th August at 4.30 p.m., and sailed for Grange-mouth at 5.30
p.m., her draught forward being 19 feet 5 inches, and aft, 19 feet
11 inches, allowance for fresh water 4 inches. She cleared the lock
at 9.25 p.m., proceeded down the river, discharged her pilot at
3.15 a.m. of the 5th August, and arrived at the Steen Bank Buoy at
4.20 a.m. Here a course N.W. by N. ½ N. (magnetic) was set, the
patent log streamed, and the vessel proceeded on her voyage. the
weather being fine and clear with light wind and smooth sea.
At midnight on the 5th August, the vessel was 185 miles on her
course from the Steen Bank Buoy, her speed being about 9 knots, the
weather was hazy with light N.E. wind, and smooth sea.
She was then on a N.N.W. course (mag.), and proceeded on that
course until 1.20 a.m. of the 6th of August, when Flamborough Head
was abeam distant by estimation, 1 mile.
The course was then altered to N. by W. ¾ W. (mag.), the vessel
passing Whitby at 4.30 a.m., distant by estimation about 3 miles,
weather, intermittent fog.
At 9 a.m. the course was altered to N. ½ W. (mag.), patent log
262', and continued till 1.30 p.m. when the Longstone was abeam,
distant by four-point hearing one-and-a-half miles.
This bearing was taken by the master.
The course was then altered to N.W. by N. ¼ W. (mag.), the
vessel proceeding at the same speed, the weather being hazy.
This course was continued, in similar weather, until 3.55 p.m.,
when St. Abbs Head was abeam, distant by four-point bearing, taken
by the master, 2 miles. The weather at this time was comparatively
clear, the patent-log registering 327½ miles. The course was then
altered to N.W. ¼ W. (mag.) the same speed being continued till
5.30 p.m. when dense fog set in, and the engines were put "slow" by
the chief officer, who was on watch, and the 2nd officer, who
relieved the bridge at that time, rang the telegraph to "dead
slow."
The master who was temporarily below, returned to the bridge at
that moment and altered the course a quarter-of-a-point to N.W.
(mag.).
At this time the fog-signal on the Bass Rock was stated by the
master and 2nd officer to be heard fine on the port bow.
This course was continued until 5.45 p.m. when the vessel struck
the rocks with a grating sound, the impart, however, not being
severe, in a position subsequently ascertained to be about
three-quarters of a mile S.E. by S. of the South Carr Beacon.
As stated previously, the master verified the ship's position on
arrival abreast of the Longstone, and St. Abb's Head, respectively,
by taking four-point bearings, which were reliable and
sufficient.
Considering the weather conditions and visibility at the time,
the course set by the master from St. Abb's lead to 1 mile to the
northward and eastward of the Bass Rock was a safe and proper
course, and he made proper allowance for normal set and current:
but, when the vessel ran into dense fog. he should have taken the
way off his ship, and ascertained his position by a cast of the
lead.
Had he done so, he would have known his ship was dangerously
close to the land, and her stranding and ultimate total loss would
have been averted.
It will be noted that the vessel struck at a point about two
miles to the S. and W. of her intended course. This, in the opinion
of the Court, was due to an abnormal and very unusual set, as to
which evidence was given by two local fishermen called by the Board
of Trade.
In fact, one of these witnesses, an old and experienced man, and
coxswain of the Dunbar lifeboat, stated that he had only known such
a set once before, twenty-five years ago.
After the vessel struck, the engines were put full-speed astern,
but without effect. Soundings were taken round the vessel giving 33
feet at the bow. 23 feet forward of the starboard beam, 32 feet
abaft the starboard beam, 36 feet over the stern and 33 feet along
the port side.
The position of the vessel was located by the auxiliary look-out
of the coastguard, who communicated with the coastguard at North
Berwick, who arranged for the Dunbar lifeboat to proceed to the
wreck. They arrived alongside about 8 o'clock, and stood by till
10, when, as the master and crew elected to remain by the ship,
they returned. Though the pumps were kept going continuously, the
water gained rapidly. putting out the fires in the engine room; and
at 5 p.m. the next day the master and crew abandoned the ship and
went ashore. She subsequently became a total wreck, and has been
recognised as such by the underwriters. No lives were lost.
The Court, while finding the master in default, refrained from
dealing with his certificate having regard to his long service and
previous immunity from casualty. As already stated, he should have
used the lead to verify his position when dense fog set in, and he
was not justified in assuming that the fog signal on the Bass Rock
was in the position apparently indicated by the sound.
Experience has shown, and the fact is emphasised in the
sailing-directions, that "sound is conveyed in a very capricious
way through the atmosphere" under varying circumstances.
It only remains to refer to one point.
There was a direct conflict of testimony between the deck and
the engine-room as to the working of the engines prior to the
casualty, the engineers stating that no reduction in speed was
made. But the Court accepted the testimony of the deck, supported
as it was, by the entries in the log, and the fact that, had the
vessel at the time been proceeding at "full speed," the shock would
have been much more severe.
At the conclusion of the evidence the following questions were
submitted on behalf of the Board of Trade. Mr. Muir, Mr. Tinn and
Mr. Temperley addressed the Court on behalf of their respective
clients, and Mr. Burton replied:-
1. Was the s.s. "Elterwater" stranded on the coast of
Haddingtonshire on the 6th August, 1927? Was she stranded about
three-quarters of a mile S.E. ½ S. of the South Carr Beacon at or
about 5.40 p.m.-If not, in what position, and at what time, was she
stranded?
2. What was the cost of the ship, and what was her value to her
owners at the time of the stranding?
3. What insurances, effected by the owners upon, or in
connection with, the ship, were in force at the time of the
casualty?
4. On the voyage on which the vessel stranded what were the
courses set and steered, the speed of the ship, and the conditions
of the weather and visibility encountered from time to time, and at
what times, and during what periods of time?
(a) From midnight of the 5th August last until the ship
was abreast of the Longstone;
(b) From that time until she was abreast of St. Abb's
Head;
(c) From that time until she was stranded.
5. What measures (if any) were taken by the master to ascertain
and verify his position on arrival abreast of the Longstone, and
St. Abb's Head, and, if any such measures were taken, were they
proper and sufficient?
6. What was the position of the ship when she was abreast of St.
Abb's Head, and, considering the state of weather and visibility,
were safe and proper courses set and steered after departure from
that position so as to pass the Bass Rock at a sale distance, and
was due and proper allowance made for possible leeway, tide and
current?
7. Whilst proceeding on the voyage after St. Abb's Head had been
passed, and considering the state of weather and visibility,
(a) Ought the master at any times or time, and if so
when, to have taken observations or used the lead to determine the
position of the ship?
(b) Did the master take proper measures to ascertain
and verify his position before the vessel went ashore?
(c) If the lead was not used, was such omission
justifiable?
(d) Was the master justified in proceeding at the
speeds or speed at which the vessel was navigated?
8. What was the cause of the stranding?
9. Was the vessel seriously damaged in consequence of the
stranding, and has she been lost, or abandoned?
10. Was the stranding of the s.s. "Elterwater" and the serious
damage (if any) which she sustained thereby caused by the wrongful
act or default of the master, Captain Arthur Stanley Coates?
To which the Court replied as follows:-
1. The s.s. "Elterwater" stranded on the coast of
Haddingtonshire at or about 5.45 p.m. (Summer time) on the 6th
August, 1927, about three-quarters of a mile S.E. ½ S. of the South
Carr Beacon.
2. According to the evidence of Mr. George Lamb, the managing
owner, the total cost of the vessel was £41,988 4s. 6d. He stated
she stood in the company's books at the time of her loss, at
£33,772 8s. 8d., and that her estimated value was £40,000.
3. The insurances effected upon, and in connection with, the
vessel were as follows:-
| On hull and machinery:- | |
| | £ |
| At Lloyd's and Companies | 28,500 |
| At the North of England Steamship
Insurance Association | 3,000 |
| At the Newcastle 100A Insurance
Association | 500 |
| At the Well Deck Steamship
Insurance Association | 500 |
| At the Hartlepools Steamship
Insurance Association | 500 |
| | ------- |
|
Total | £33,000 |
| | ------- |
| On freight- | |
| | £ |
| Against all risks | 1,000 |
| Against total loss only | 3,950 |
| On outfit, disbursements and/or increased value- | |
| Against total loss only | 3,300 |
| On premiums reducing 1/12th monthly- | |
| Against total and/or constructive
total loss | 1,350 |
This policy was in the twelfth month of its currency.
The vessel was entered in the Great Britain Mutual Marine
Insurance Association, Ltd., Small Damage Section, on a valuation
as in the Hull and Machinery Policies, £33,000, and in the North of
England Protecting and Indemnity Association, Classes I, II,
III.
Insurances were also effected against death by accident,
including war, riots and civil commotion, mines and malicious
intent, on the officers in the following amounts:-
| | £ |
| The master | 500 |
| The chief engineer | 300 |
| The chief mate | 300 |
| The second mate | 200 |
| The second engineer | 200 |
| The steward | 100 |
| | ------- |
| | £1.600 |
| | ------- |
4.-(a) At midnight of the 5th August the vessel was 185
miles on her course from the Steen Bank Buoy, her speed being about
9 knots, the weather was hazy, with light N.E. wind and smooth sea.
She was then on a N.N.W. (mag.) course, and proceeded on that
course till 1.20 a.m. of the 6th August, Flamborough Head being
then abeam, distant 1 mile.
The course was then altered to N. by W. 3/4 W. (mag.), the
vessel passing Whitby at 4.30 a.m., distant about 3 miles off,
there being intermittent fog. At 9 a.m. the course was altered to
N. ½ W. (mag.) and continued till 1.30 p.m., when the Longstone was
abeam, distant, by four-point bearing, one-and-a-half miles.
(b) The course was then altered to N.W. by N. ¼ N.
(mag.), the vessel proceeding at the same speed, the weather being
hazy. This course was continued, in similar weather, until 3.55
p.m., when St. Abb's Head was abeam, distant by four-point bearing,
2 miles.
(c) The course was then altered to N.W. ¼ W. (mag.),
the same speed being continued till 5.30 p.m., when dense fog set
in, and the engines were put "slow" and the course altered to N.W.
(mag.). the engines being then put to "Dead Slow," the vessel
stranding at about 5.45 p.m. in the position stated above.
5. As stated in the last answer, the master verified her
position on arrival abreast of the Longstone and St. Abb's Head
respectively by taking four-point bearings. These measures were
proper and sufficient.
6. The vessel was two miles off St. Abb's Head when abeam, the
lighthouse bearing S.W. ¼ S. (mag.). The course then set and
steered, viz:-N.W. ¼ W. (mag.) was intended to take the vessel one
mile outside the Bass Rock which, considering the state of weather
and visibility at the time, was safe and proper. Due and proper
allowance was made for known tide and current.
7. After passing St. Abb's Head:-
(a) The master should have taken the way off the ship
and used the lead at or before the time when the vessel ran into a
dense fog at 5.30 p.m.
(b) The master took no measures to ascertain and verify
his position before the vessel went ashore.
(c) The omission to use the lead was not
justifiable.
(d) The master was justified in proceeding at the speed
at which the vessel was navigated up to 5.30 p.m. of the 6th
August, but not thereafter.
8. The cause of the stranding was the vessel being set in
towards the land by an abnormal current from the N. and E. unknown
to the master, and his neglect to verify the position of the vessel
by the use of the lead in thick weather.
9. The vessel was seriously damaged in consequence of the
stranding, and subsequently became a total wreck.
10. The stranding and loss of the s.s. "Elterwater" were caused
by the default of the master, Arthur Stanley Coates. The Court
severely reprimands him and orders him to pay the sum of
twenty-five pounds on account of the expenses of this
Investigation.
| | JNO. D. WALKER
JAS. T. CACKETT | Judges. |
We concur.
| | D. L. NEILSON,
CHAS. A. SMITH | Assessors. |
(Issued by the Board of Trade in London on
Wednesday, the 30th day of November, 1927.)
LONDON:
PRINTED AND PUBLISHED BY HIS MAJESTY'S STATIONERY OFFICE
To be purchased directly from H.M. STATIONERY
OFFICE at the following addresses:
Adastral House, Kingsway, London, W.C.2.; 120, George Street,
Edinburgh;
York Street, Manchester; 1, St. Andrew's Crescent, Cardiff;
15, Donegall Square West, Belfast;
or through any Bookseller.
1927.
Price 6d. Net.