Wreck report for 'Clearwater', 1928

FOR OFFICIAL USE

(No. 7858.)

"CLEARWATER" (S.S.).

CANADIAN SHIPPING ACTS, 1906-08.

In the matter of a formal investigation held in the Wreck Commissioner's Court Room, Montreal, P.Q., on the 1st June, 1928, into the circumstances attending the stranding of the S.S. "Clearwater" at or about ten miles east of Pointe des Monts, Lower River St. Lawrence, on or about the 20th May, 1928, resulting in damages to the vessel.

The Court was presided over by Captain L. A. Demers, F.R.A.S., Dominion Wreck Commissioner, assisted by Captain Norman Martorell and Captain R. G. Sprague as Nautical Assessors.

Mr. A. R. Holden, K.C., appeared on behalf of the Master, and Mr. Francis King, K.C., on behalf of the Owners.

The "Clearwater" is a new vessel on her initial trip to Montreal via Three Rivers. Her gross tonnage is 1,639 and net tonnage 1,113, length 253 feet, beam 43 feet, draught at the time 15 feet 3 inches forward and 16 feet aft, single screw, speed 8½ knots. She was carrying a crew of 19 including one certificated officer and is owned by the Water Transports Limited, Montreal, being built for trading on the Great Lakes. She was supplied with necessary instruments apart from a sounding machine. Blue Back Charts were being used. The compasses had been adjusted. The vessel had left Middlesbrough, England, and called at Burntisland, Scotland, for a cargo of coal.

REPORT.

The evidence, which was seemingly given in good faith, was to the effect that the vessel had come up the River as far as Father Point where she received orders to descend to Ellis Bay, Anticosti, for pulpwood, and was inward bound when the casualty occurred. Thick weather had been experienced with a N.E. wind, force 4 to 5. The course N. ½ W. was given. There was a 5° E. deviation which had been found on previous observation. This course being W. by N. Magnetic was to bring the ship at a visible distance from Cape Chat. Having but one Officer the Master kept vigil similarly as the Mate besides remaining on deck during the latter's watch. He retired to his room at 2.30 leaving instructions to be called if anything was seen, the weather having cleared, the wind being still fresh with a quartering sea.

The ship being of the lake type the pilot house is so constructed as to leave little bridge space on each side whereon to keep a look-out. The Mate kept vigil equally in and out of the pilot house but at the moment of stranding and for an interval previously was in the pilot house. When the weather cleared the look-out on the forecastle was dispensed with and, it is averred, no look-out is maintained when the weather is clear. At that moment and sometime previous the weather had cleared sufficiently to permit an ample range of visibility, said to be six miles. One of the sailors about the deck, coming back from the galley, saw what appeared to him at first as a white line of ice formation, immediately after perceiving objects of greater elevation, finally the top of a house in reddish colour. He rushed to the pilot house and on arrival the Mate, after the sailor's alarm, had ordered a hard-to-port helm; but it was only partially executed, the said sailor shoving the Mate aside, so it is said, and countermanded the order to hard-to-starboard at the same time ringing the telegraph full speed astern. Land was then visible on the bow the ship stranding whilst practically at full speed. The engines were kept at full astern without avail the ship being aground at low water almost to amidships. Soundings were taken. The ship struck at 3.30 a.m. Pulpwood was jettisoned and aid was asked for; but the salvage vessel which came to the rescue failed to haul the ship off, the crew finally abandoning her after remaining on board from Sunday until Friday; but salvage operations are being carried out now on a "no cure no pay" basis. The deviation book shows that some observations were taken to obtain deviations of the compass; but they are comparatively few considering the number of days the ship had been in operation.

ANALYSIS.

Analysing the above salient features of the evidence I am of opinion that there was one essential instrument lacking to induce favourable commentary on the equipment of nautical instruments. The ship left England minus the installation of a deep sounding machine. It is true there was a hand lead, also a deep sea lead. In these days of expected fast transit when time is an essential a Master would hesitatingly stop his ship to obtain a verification of his whereabouts. I need not stress the fact that in a new ship though the compasses have been adjusted to the nearest degree with all the precision an expert can arrive at, it is possible that a few hours later the deviation given in the first instance has altered in quantity and possibly in name.

Failing frequent observations to determine an exact plotting owing to fog and cloudy conditions the lead has to be resorted to in order to obtain a degree of assurance of dead reckoning calculations. This applies more forcibly in restricted waters.

A course is taken from Ellis Bay which, if well steered, would bring the ship within sight of Cape Chat. Meantime the vessel had to traverse an area where, as indicated by chart, a current curves from the north shore towards the south intermixing with the easterly current, strength supposedly of 1½ to 2 miles, accentuated or retarded by other elements such as wind blowing with and against it, also by spring tides which at flood or ebb may be also accentuated from the normal. There are many headlands upon which lighthouses are erected all having fog signal installation.

In view of the reasons given and the weather conditions existing I am of opinion that an effort should have been made to reconnoitre and endeavour to sight some point of land off that shore.

With respect to courses steered an allowance was supposedly made for leeway. Was too much allowed? I am inclined to think that there was and that also bad steering was effected. Events indicate that the look-out kept by the Mate was indifferent. This may have also proved indifferent in surveying the steering.

In the course of evidence it was averred that the jettisoned cargo floated northwesterly, implying that whatever force existed where the shin stranded was also a factor in bringing the ship éoff her course a distance of 20 to 25 miles. It was spring tide and the ship stranded at the height of tide. That may be possible and it will not be denied that a combination of wind, sea, raging rivers emptying into the Gulf, working in conjunction and simultaneously with flood tide, may have contributed towards sending the ship bodily towards the north shore. Against this, the wind was on the starboard quarter with a force of 4 to 5 and seas were running with the ship. The vessel's deck was piled high with pulpwood, her draught was 9 inches less forward, the leeway could not have been of great extent; if it was it tended in the opposite direction. On the other hand those joint elements would be expected to cause the ship to sheer often, if not constantly at least oftener to the northward or more westwardly. In the absence of positive proofs it is but logical to make deductions of forces and elements confronted.

To add to those possible events and factors the Mate's vigil must have been indifferent indeed and, if it is true that the windows of the pilot house were closed and dirty, the range of visibility from that vantage was necessarily limited. The fact that a sailor, Buckley, perceived the land and, if true, took upon himself the ordering of the movement of the wheel, reversing a former order of the Mate after brushing the latter aside, also ringing the telegraph, an extremely unusual performance on the part of a subordinate, a deckhand, does not speak very highly for the efficiency of the officer-in-charge, at least on this occasion.

If there had been a look-out, if the Mate had been ordinarily diligent and alert, the land, "the something unusual, unexpected," would have been seen perhaps timely, as the visibility was six miles, the Master would have been called, the ship's engines stopped and reversed, and no doubt a hard-to-starboard order given.

Once beached it does not appear to me that the laying of anchors astern would have helped matters to extricate the vessel from her position in conjunction with the astern movement of the engines and the jettisoning of cargo.

JUDGMENT.

The Court, having carefully reviewed and weighed the evidence adduced, for the reasons given in the annexed report and analysis, finds that the Master, George Howard Davison, Cert. No. 013053, is not to blame for the actual stranding of the ship; but is criticised for permitting, if not actually permitting at least acquiescing, to a faulty system in eliminating the look-out obligations. This slackness in the performance of an important duty could not have been effected without his knowledge if not sanction. It is reasonable to think that had a lookout been stationed the land would have been detected timely. For that lie stands severely reprimanded.

In the actual navigation of the ship, being compelled to keep a watch as an ordinary officer, and having been on duty for a lengthy period, he was entitled to a well-deserved rest when the weather cleared sufficiently. He could not be aware of what transpired during his absence. The instructions he left were to report to him if anything was seen, which is, in effect, an order to keep a look-out.

As for the First and only Mate, Charles Norman Tattersall, Cert. No. 035198, he is found in default for indifferent look-out personally and for permitting the look-out to be away from his post not only during the watch in question but it being a recognised system with him to dispense with look-out when it is somewhat clear. His lack of presence of mind in a dire moment, which is considered in this instance as the exercise of ordinary judgment, is evidenced.

It is deplorable that a new ship, making her initial bow to the River St. Lawrence, should become to all appearances for the moment a total wreck, which could have been avoided by ordinary vigilance, a vigilance which is expected at all times.

For the foregoing reasons Charles Norman Tattersall's Cert. No. 035198 is suspended for a period of six months from the 1st June, 1928, to 30th November, 1928. The Court recommends that a Second fate's Certificate be granted to him in the interim.

Read in Open Court at Ottawa this 12th day of June, 1928.

L. A. DEMERS,

Dominion Wreck Commissioner.

Concurred in by

At the conclusion of the hearing of evidence the following questions were read and submitted, for and on behalf of the Department of Marine and Fisheries, for the opinion of the Court:-

1. What number of compasses had the vessel? When and by whom 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 during the six hours previous to stranding? Was due and proper allowance made for tide, currents, &c., having in view the weather conditions which existed?

4. Were soundings taken during the six hours preceding stranding? If not, should the lead have been used?

5. Was a good and proper look-out kept on board of the vessel?

6. Was the vessel navigated with proper and seamanlike care?

7. What was the cause of the vessel stranding?

8. Was the stranding caused through the wrongful act or default of the Master or Officer of the Watch, or both of them?

ANSWERS TO QUESTIONS BY THE COURT.

1.Two. Adjusted in England in March, 1928. Yes.

2. More frequent observations might have been obtained.

3. No.

4. No.

5. No.

6. No, not by the Officer of the Watch (First Mate).

7. See Report. Analysis and Judgment.

8. Default of the Officer of the Watch (First Mate).

L. A. DEMERS,

Dominion Wreck Commissioner.

(Issued by the Board of Trade in London

on Monday, the 13th day of August, 1928.)

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