FOR OFFICIAL USE
(No. 7854.)
"DALTON" (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
General, Marseilles, on the days of Thursday and Friday the
twenty-third and twenty-fourth days of February, 1928, to
investigate the circumstances attending the stranding and
subsequent loss of the British Steamship "Dalton," of the port of
Newcastle-on-Tyne, Official Number 76215, and to enquire into the
conduct of the Master, officers and crew of the vessel in
connection with the stranding and loss of the vessel.
The "Dalton" was an iron vessel of 791 tons registered tonnage,
Official Number 76215, built at Stockton in 1877 and belonged to
the port of Newcastle-on-Tyne.
It appears from the evidence given before this Court that she
sailed from Laurinm (Greece) on or about the 12th February, 1928,
bound for Marseilles, with a cargo of lead ore and a crew of 23
hands all told, there being no passengers.
The vessel proceeded on her voyage and arrived off Cap Siciée on
the French Coast about 8.30 p.m. on the 18th February, 1928. Course
was then set for Marseilles and the vessel arrived off Planier
Light House in the early hours of the morning of Sunday the 19th
February, 1928. At or about 2.10 a.m. on that date the vessel
struck the rocks surrounding Planier Light House and subsequently
sunk.
The Court having regard to the circumstances above stated finds
as follows: That the loss of the vessel was caused by the wrongful
act or default of the Master, Panagiotis Dedes, in that he did not
alter his course when in too close proximity to the Planier Light
House and in that he appears to have navigated his vessel in an
unseamanlike manner.
That the Court finds grounds for blaming the conduct of the
Second Mate, Antonios Logothetis, in that he did not take the
necessary steps to inform the Master that the vessel was in a
dangerous position after calling him to the bridge.
That her cargo of lead ore appears to have been well and
properly stowed.
That she had no deck cargo.
That she was not overloaded.
That it is impossible to state whether the log-book was well
kept as this document was lost with the vessel.
That, although the ship's articles were saved, no effort appears
to have been made to save the deck and engine-room log-books.
That the vessel appears to have been properly supplied with
charts.
The Court is of the opinion that the stranding of the ship was
due to the hazardous way in which she was navigated after an
approximate position had been ascertained off Cap Sepet, about 8
p.m., on the 18th February, and is of opinion that the evidence
amounts to practically a charge of culpable negligence on the part
of the Master and Second Mate in that when the ship was within a
few cables of a rocky island, named Planier, with a light which had
been plainly in sight for some considerable time, no steps whatever
were taken to prevent the stranding of the said ship.
The Court is further of opinion that the ship was badly found in
that she had no sounding apparatus other than a hand lead and
fifteen fathoms of line and that the azimuth did not fit the
standard compass.
The Court would further submit that the evidence of the majority
of the witnesses was given in a most unsatisfactory manner, notably
that of the Helmsman, Giorgios Mianoulidis, who, although he could
remember the course given to him at twelve midnight, had no
recollection of any subsequent alteration of course and was rather
hazy as to the time that he should have been relieved. This may
have been due to the fact that the men were said to be using a
patois, with which the interpreter was not fully cognisant.
The Court would further like to draw attention to the misgivings
which must inevitably arise in a case like the one under
consideration where a heavily laden British ship can be manned and
taken to sea by a foreign crew, none of whom have British
certificates or are amenable to any of the sanctions provided under
Section 483 of the Merchant Shipping Act, 1894.
The Court in pursuance of the powers vested in it by Section 483
(1) (k) of 57 and 58 Vict. C. 60 orders that the sum of £11 14s.,
being the cost of the proceedings before the said Court, be paid by
Consortium Savon Freères of Marseilles representing Lloyd's, of
London, being one of the parties thereto, and they are hereby
ordered to pay the said amount accordingly; but they are empowered
to submit for the consideration of the Board of Trade whether the
said cost may be reimbursed by that Department.
Guy R. GAUNT,
Vice Admiral (Retired),
President of the Court.
SPENCER S. DICKSON,
H.B.M. Consul General.
ARTHUR M. KING,
Master Mariner in Command
S.S. "Ranpura."
Members.
(Issued by the Board of Trade in London
on Tuesday, the 17th day of April, 1928.)
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