FOR OFFICIAL USE
(No. 7851)
"CLAN MACWILLIAM" (S.S.).
THE MERCHANT SHIPPING ACT, 1894.
FINDING AND ORDER OF A NAVAL COURT.
Finding and Order of a Naval Court held at the British
Consulate, Nukualofa, Tonga, on the 3rd, 4th and 9th days of
January, 1928, to investigate the circumstances attending the loss
of the British steam ship "Clan MacWilliam" of the port of Glasgow,
official number 141892 when anchored at Neiafu Harbour, Vavau, and
the cause of such loss and to inquire into the conduct of the
master, officers and crew.
The "Clan MacWilliam" was a steam ship, of 3743 tons registered
tonnage, official number 141892, built at Greenock in 1918 and
belonging to the port of Glasgow.
It appears from the evidence given before the Court that she
sailed from Glasgow on the 23rd July, 1927, and loaded at Newport
and Birkenhead for Red Sea and East African ports. She thence
proceeded to Durban for a cargo for Batavia, where she discharged.
She proceeded light to New Caledonia, where she loaded chrome ore.
Thence she sailed for Fiji ports, where she loaded copra. From Fiji
she proceeded to Nukualofa, Tonga, for copra, and thence to Vavau,
the main northerly island of the Friendly Islands. She anchored in
Neiafu Harbour, Vavau, at 7.27 a.m. on the 23rd December, 1927, and
commenced loading copra. She loaded into holds Nos. 1 and 2.
Loading continued throughout the day. Loading in No. 2 was
completed at 1.30 a.m. on the 24th December, 1927, and the labour
gang, which consisted of Pacific Islanders, was transferred to No.
1. About 1.55 a.m. on the same morning, the hatchman, Aleck
Williams, a half caste Samoan, went down into No. 2 to see if any
of the labour was still in the hold. He observed that fire had
broken out. He states in his evidence that he saw one end of a wire
sparking, and that he then saw a flame in the copra dust. He raised
the alarm, and Joseph Hall Mellor, Second Mate, who was on watch,
gave orders for hoses to be connected up and all hands to be
called. The Second Mate went into the hold with fire extinguishers,
which he fired without effect. At this time Apprentice Freestone,
Mr. Johnson and Jeremiah Bryce were in the hold endeavouring to
fight the fire, but to no effect. Shortly after 2 a.m. three hoses
were playing on the fire, which by this time, according to the
evidence of the Mate, looked like a blazing furnace, spreading all
the time. At 3.30 a.m. No. 1 was ablaze. It contained copra. At
4.30 a.m. the fire was gaining ground, and the steamer was shifted
to the head of the harbour, where she anchored in 20
fathoms-latitude 18° 40' 15" S., longitude 173° 59' 27" W. Flooding
was ordered by the Master at 6.50 a.m., and shortly afterwards two
life boats were lowered. At 9 a.m. the foremast sank, and shortly
after the starboard side fell in. Throughout the day the fire
increased in force, and at 4 o'clock a.m. on the 25th the port side
fell in. At 6.45 a.m. No. 3 hatch burst into flames, and at 8.30
a.m. the stokehold bulkhead was red hot. At 8.45 a.m. the ship
buckled, and the Master gave orders to abandon ship. At 9 a.m. the
ship broke, plunged and sank rapidly.
The evidence as to the course of the fire, the action taken by
the Master, officers and crew to fight the fire, and the
precautionary measures taken by the engine room staff to save the
bunkers is, in the opinion of the Court, clear, and the Court finds
that every possible step was taken to save the ship. The Court
further finds that the conduct of the Master, officers and crew was
exemplary. The Court finds that the copra appears to have been well
and properly stowed, and that proper steps were taken to keep the
hold ventilated. In regard to the question of the origin of the
fire which caused the ship to sink the Court is unable, on the
facts before it, to come to any opinion. The only direct evidence
is the evidence of Aleck Williams. In the opinion of the Court the
evidence of this witness is unsatisfactory. He is particularly
deaf, and the Court is unable to accept his statement to the effect
that it was the sound of a spark which caused him to look round at
the time he discovered the fire. On this point the witness was
emphatic. Again, he is contradicted by the witness Jeremiah Bryce,
who gave evidence, in a manner which impressed the Court, in the
matter of the rope to be used to rescue Mr. Johnson. Taking all the
circumstances into consideration, the demeanour of the witness and
the manner in which he gave his evidence, the Court came to the
opinion that he was not a credible witness. Apprentice Freestone
gave evidence to the effect that the temperature of the hold was
much higher than ordinary, and it is clearly established that he
went into the hold immediately the alarm was raised. At this time
the Apprentice noticed a dull glare in the after end of the hold.
There can be no doubt that Williams was the first person to
discover the fire, but the Court is not prepared to accept his
statement that the fire was caused by a wire sparking. The Court
finds that the fire was burning at approximately 1.55 a.m. on the
24th December, 1927, but it is unable, on the facts, to come to a
finding as to the exact time and manner of its origin. The Court
has already recorded its finding as to the conduct of the Master
and officers. The Court further finds that when the steamer dived
before sinking, the Master, William Thomson, was on the ladder on
his way to the boat, and that he went down with the ship and was
drowned. At this time the Chief Engineer, John G. Dishington, was
in, or near to, his cabin, and the Court finds that he sank with
the ship and was drowned. Throughout the fire these two officers
directed operations in a calm and collected manner, and the Court,
in placing on record its high opinion of their conduct, extends its
sympathy to the relatives bereaved.
The expenses of this Court fixed at ©12 12s. are approved. No
order as to costs.
Dated at Nukualofa the 9th day of January, 1928.
J. S. NEILL,
H.M. Consul.
President of the Court.
JAS. BROADHOUSE,
Master Mariner.
Master of Tongan Government Yacht.
J. H. YOUNG,
British Merchant.
Members.
(Issued by the Board of Trade in London
on Thursday, the 29th day of March, 1928.)
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1928
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