FOR OFFICIAL USE
(No. 7850.)
"DEWSTONE" (S.S.).
CANADIAN SHIPPING ACTS, 1906-08.
In the matter of a formal investigation held in the Wreck
Commissioner's Court, Montreal, Province of Quebec, on the 19th
October, 1927, into the circumstances attending the stranding of
the S.S. "Dewstone" on or near Traverse Shoal, South of Prince
Edward Point, Lake Ontario, on the 27th of September, 1927, which
resulted in serious damages to the vessel.
The Court was presided over by Captain L. A. DEMERS, F.R.A.S.,
Dominion Wreck Commissioner, assisted by Captain CHARLES LAPIERRE
and Captain W. G. MCCCONEOHY, as Nautical Assessors.
Mr. R. T. HENFKER, K.C., appeared for the master and first mate
on behalf of the Mercantile Marine Service Association of
Liverpool, and Mr. R. C. HOLDEN for the owners of the S.S.
"Dewstone."
The "Dewstone" is a steel-built, single-screw vessels of 793
tons net, 1,370 tons gross, carrying a crew of 19, including two
officers and two engineers duly certificated. She was making a
speed of 9 to 10 knots, her draught at the time being 14 feet, even
keel, and she had a cargo of wheat bound from Port Colborne for
Montreal. The vessel stranded at or near the noon hour on the 27th
September whilst the navigation was in charge of First Mate C. E.
Brown. The master, following lake custom, was resting or away from
the bridge when everything was apparently clear, plain sailing.
A course said to be E ¾ N by standard compass, supposedly
magnetic, was steered and being steered from Niagara Bar. At Point
Peter a four point bearing, which gave a distance of one and a-half
miles from the Point, was taken by the officer then in charge,
first mate Brown. The same course is alleged to have been steered,
with no alteration ordered, till the moment the ship .struck. The
weather, according to the log, was overcast, and in evidence it was
said to be hazy, permitting but a three-mile visibility. A
lighthouse seen slightly on the port bow before the ship struck was
taken to be that on the Main Ducks; it continued to be seen until
the ship stranded. Immediately the ship struck, the master appeared
on the bridge and took charge of operations.
JUDGMENT.
The foregoing are in substance the main points of the evidence
from which the Court judges and is convinced that:
Firstly, the master, John MePhee, Certificate No. 007699, is not
in default, as his absence from the bridge is shown to have been
justified and permissible in the circumstances. He had given
standard orders; the weather was clear enough to permit objects to
be seen from three to four miles; the wind then blowing, force 4,
did not create a boisterous clement; the course given, which was
magnetic, had been that followed and steered on 14 previous
voyages, so that in view of all those apparently comforting
conditions, and having to face a lengthy and steady vigil on the
bridge when entering the canals, his absence from the bridge was
altogether and entirely justified and permissible.
Secondly, the first mate, Cyril Edward Brown, Certificate No.
0015298, is held solely in default for this serious casualty, for
the following reasons:- In view of the nearness of Point Peter a
bearing to be exact must be taken with extreme precision, likewise
the time and the reading of the log, in order to obtain the exact
distance from land ana the position of the ship. That the mate's
calculations were not of the precision exacted is proven by the
fact that the lighthouse he perceived and took for granted to be
that of Main Ducks, instead of being seen on the starboard side or
right ahead, was seen slightly on the port bow.
In coming to this conclusion the Court has taken into
consideration the evidence of the wheelsman, who averred that the
ship never varied from the course, not even one degree on either
side, a marvellous performance of skilled steering.
There is nothing in the mate's evidence which would arouse the
suspicion that, having mistaken the False Ducks for the Main Ducks,
a starboard helm was given in accordance with the situation which
appeared to him. Yet, having come to the conclusion stated, it
would be but an ordinary supposition that a correction of course
was in order, as on proceeding without an alteration the ship would
come to grief on the western part of the shoals adjoining the Main
Ducks. Hence the statement that the lighthouse was taken as Main
Ducks is full of significance, especially when it was seen at about
three miles distant.
How could such a mistake be made if proper attention was given
and ordinary judgment exercised, when it is seen by a casual glance
at the chart that the False Ducks light is but three to four miles
from the main land, whilst Main Ducks is biasly nine miles and more
and, since the course slightly and gradually carries the ship away
from the mainland up to the spot of the disaster, when the
lighthouse appeared in view it became the mate's duty to announce
to the master the appearance of the lighthouse. He avers that the
mainland's formation was well defined, that the haze alluded to in
evidence was wind haze, that when he approached the object which he
took as Main Ducks Lighthouse within about three miles, the range
of visibility then existing, a search with the glasses on his port
side would have failed to discover False Ducks, and his nearness to
the land precluded entirely the conclusion he had arrived at.
Hence the assertion of the Court that proper lookout or
attention was lacking entirely; not intentionally-far be it from
the Court to entertain such an idea-but the fact that the ship had
for some fourteen trips followed apparently the same course created
an idea of absolute assurance of a continuance of success,
otherwise termed "cocksureness" or taking too much for granted,
which is not permissible in navigation.
In view of the above the Court suspends the Certificate No.
0015298 of Cyril Edward Brown for a period of one month from the
19th October, 1927, to the 18th November, 1927, and hopes and
trusts that, as he is a young man and evidently intelligent, this
judgment, which is meant as a lesson to him, will prove beneficial
and be the means of implanting and engraving in his mind the
ever-present necessity of keen and thorough observation of the
varied situations which ever surround the personnel whose duty it
is to bring to safe destination, and undamaged, the valuable
property entrusted to their care.
Read in open Court at Ottawa this 4th day of November, 1927.
L. A. DEMERS,
Dominion Wreck Commissioner.
Concurred in by
| | CHARLES LAPIERRE,
W. G. MCCONECHY, | Assessors. |
At the conclusion of the hearing of evidence the following
questions were read and submitted, for and on behalf of the
Department of Marine, for the opinion of the Court:-
1. What number of compasses had the vessel? When were they last
adjusted? Were they in good order and sufficient for the safe
navigation of the vessel?
2. Did the master ascertain the deviation of his compasses by
observation from time to time; were the errors correctly
ascertained and the proper corrections to the courses applied?
3. Were safe and proper measures taken to check the ship's
position when passing Peter Point? Was a safe and proper course set
and thereafter steered. and was due and proper allowance made for
current, wind, &c., having in view the weather conditions which
existed?
4. Were soundings taken at the time of passing Peter Point or
subsequently up to time of stranding? If not, should the lead have
been used?
5. Was the ship navigated with proper and seamanlike care?
6. What was the cause of the vessel's stranding?
7. Was the stranding of the S.S. "Dewstone" caused through the
wrongful act or default of the master, first officer or other
member of the crew of the S.S. "Dewstone," or any one or more of
them, and, if so, which of them?
ANSWERIS TO QUESTIONS BY THE COURT.
1. Two compasses, adjusted on 16th April, 1927. Yes.
2.Yes.
3.The Court is of opinion that the bearing taken of Point Peter
was inaccurate.
4. No.
5. No.
6. Improper look-out and attention of first mate Brown.
7. Through the default of the first officer.
L. A. DEMERS,
Dominion Wreck Commissioner
Issued by the Board of Trade in London.
(Issued by the Board of Trade in London on
Saturday, the 31st day of December, 1927.)
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