FOR OFFICIAL USE
[Crown Copyright Reserved.]
(No. S. 362)
STEAM TRAWLER "CHANCELLOR"
THE MERCHANT SHIPPING ACT, 1894.
REPORT OF COURT.
In the matter of a Formal Investigation held at the Guildhall,
Plymouth, on the 20th day of March, 1934, before
Lieutenant-Commander E. W. Rogers and W. E. M. Corbett, Esquire,
Justices of the Peace, assisted by Commodore H. Stockwell, C.B.,
D.S.O., Captain E. Barkley, and W. Addy, Esquire, into the
circumstances attending the stranding and subsequent total loss of
the British steam trawler "Chancellor" of the Port of Fleetwood on
the 17th day of January, 1934.
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 stranding and
subsequent total loss of the said vessel were due to the wrongful
act and default of the skipper, Edward Charles Rowe.
The Court finds the skipper in grave default and suspends his
certificate for twelve months from the 17th day of January,
1934.
Dated this 20th day of March, 1934.
| | E. W. ROGERS,
W. E. M. CORBETT, | Judges. |
We concur in the above Report.
| | E. BARKLEY,
HENRY STOCKWELL,
W. ADDY, | Assessors. |
Annex to the Report.
This Inquiry was held at the Guildhall, Plymouth, on the 20th
day of March, 1934. Mr. Mayburne M. Pearce appeared for the Board
of Trade, and Mr. A. C. F. Windeatt for the skipper.
The "Chancellor", official number 113083, was a steel built
steam trawler, ketch-rigged. She was built at Aberdeen in 1901, by
Messrs. A. Hall and Company. Her tonnage was 168.42 gross and 64.20
net register. She was fitted with a triple expansion engine of 53
horse power. The speed of the vessel was 8 knots. Her registered
dimensions were, length 105.85 feet; breadth 21.20 feet, and depth
12.99 feet. She was equipped with the boat and life-saving
appliances usual in vessels of her class. She was owned by Messrs.
Plymouth Trawlers, Limited, of Plymouth.
On her last voyage she carried a crew of 9 hands, including the
skipper, Edward Charles Rowe, certificate No. 12665, dated the 27th
day of October, 1919.
The vessel was equipped with two compasses, one in the
wheelhouse overhead, and the other in the cabin. The compass in the
wheelhouse was last professionally adjusted by Mr. John Blowey of
Plymouth, certified compass adjuster, on the 9th day of June, 1933.
A deviation card was supplied.
The vessel left Plymouth on the 15th day of January, 1934, and
proceeded to the fishing grounds off Falmouth. After fishing there
for a few hours, the vessel proceeded to the fishing grounds off
the Eddystone Lighthouse, and at about 2 a.m. on the 16th day of
January, 1934, arrived about 12 miles to the westward of the
Eddystone Lighthouse.
The vessel fished in the vicinity until 2 a.m. on the following
day when the skipper stopped fishing because of the bad weather.
The visibility was then poor, the Eddystone Light having been last
seen at 1 a.m. At 2.50 a.m. the vessel left the fishing grounds
with a view to returning to Plymouth.
The skipper assumed, from the report given to him by the second
hand that the Eddystone Light had been last seen at 1 a.m. bearing
east-north-east, about 7 to 8 miles distant, and from the courses
which had been taken since that time, from the soil which had been
brought up by the trawl, and by the type of fish found in the
trawl, that the vessel was then about 7 to 9 miles to the
westsouth-west of the Eddystone Lighthouse. The skipper set his
course north-east by east, and proceeded at full speed-about 7 to 8
knots-until the vessel stranded at 4.30 a.m. at a point near and to
the westward of Rame Head.
From 2.50 a.m. until the vessel stranded, the skipper was in the
wheelhouse with the boatswain, Wilfrid Scoble, and a deckhand,
William George Penberthy, save that the skipper was absent for some
15 to 20 minutes immediately prior to the stranding, and only
returned to the wheelhouse a few moments before the vessel struck.
This appears from the evidence of the witness Penberthy, who stated
further that he noticed a change in the water, like sea breaking on
the shore, almost immediately before the vessel struck, and that at
the same time he saw what he took to be a bank of fog, which
however proved to be the shore.
Between 2.50 a.m. and the time when the vessel stranded, no
lookout was kept other than as above stated and no soundings were
taken. During this period the wind, which was south-west, increased
in force, and the visibility became poorer.
After the vessel stranded, the skipper ordered "Full Astern",
but after a few revolutions, he ordered "Stop" and then "Full
Ahead" again. The skipper stated that he did this for the safety of
the crew. Fires were subsequently drawn and the crew were
eventually rescued by the breeches buoy. The skipper himself fixed
the breeches buoy and was the last to leave the vessel. The vessel
became a total loss.
In view of the above facts, the Court considers that the skipper
took an undue risk in proceeding on a course at full speed from an
uncertain or assumed position and without taking soundings during
such course, and, as stated above, the Court suspends his
certificate for twelve months from the 17th day of January,
1934.
At the conclusion of the evidence, Mr. Mayburne M. Pearce
submitted the following questions for the opinion of the
Court:-
1. When the steam trawler "Chancellor" left Plymouth on the 15th
January, 1934, was she in good and seaworthy condition?
2. What charts had she on board when she left Plymouth on the
15th January, 1934? Were such charts properly corrected up to
date?
3. What compasses did the vessel carry and where were they
situated? When and by whom had they last been professionally
adjusted? Were deviation cards supplied to the skipper after such
adjustments?
4. Were the compasses sufficient for the safe navigation of the
vessel?
5. Was the vessel provided with facilities for taking bearings
of sufficient accuracy to enable the skipper to ascertain the error
of his compasses? Had the skipper taken observations for this
purpose from time to time? Did he know the proper corrections to
apply to his compasses?
6. When did the vessel take her departure from the fishing
grounds to the southward and westward of the Eddystone
Lighthouse?
7. What steps were taken by the skipper to ascertain his point
of departure from the fishing grounds to the southward and westward
of the Eddystone Lighthouse? Were such steps adequate and
sufficient?
8. What was the state of-
(a) the weather;
(b) the wind;
(c) the tide; and
(d) the visibility,
at the time when the vessel took her departure from the fishing
grounds to the southward and westward of the Eddystone
Lighthouse?
9. On what course and at what speed did the vessel proceed after
taking her departure as mentioned above?
10. Were such course and speed safe and proper in the
circumstances?
11. Were any, and if so what, lights seen by those on board the
vessel after she took her above-mentioned departure?
12. Were any soundings taken by those on board the vessel after
she took her departure? If not, should such soundings have been
taken?
13. Was there any, and if so what, change in the weather
conditions and/or visibility between the time when the vessel took
her above-mentioned departure and the time when she stranded?
14. Was the vessel navigated with proper and seamanlike
care?
15. When and where did the vessel strand?
16. What was the cause of the stranding of the s.t.
"Chancellor"?
17. Were the stranding and subsequent total loss of the s.t.
"Chancellor" caused or contributed to by the wrongful act or
default of Edward Charles Rowe, her skipper?
Mr. A. C. F. Windeatt, on behalf of the skipper, having
addressed the Court, and Mr. Mayburne M. Pearce having replied on
behalf of the Board of Trade, the Court gave Judgment, and returned
the following answers to the questions of the Board of Trade:-
1. When the steam trawler "Chancellor" left Plymouth on the 15th
January, 1934, she was in good and seaworthy condition.
2. When she left Plymouth on the 15th January, 1934, she was
equipped with Close's Fishermen's Chart of the English Channel.
This chart was corrected only up to 1921.
3. The vessel carried two compasses. One was situated in the
wheelhouse overhead, and the other was kept in the cabin. The
compass in the wheelhouse was last professionally adjusted on the
9th June, 1933, by Mr. John Blowey of Plymouth. A deviation card
was supplied to the skipper after such adjustment.
4. The compasses were sufficient for the safe navigation of the
vessel.
5. The vessel was provided with no facilities for taking
bearings of sufficient accuracy to enable the skipper to ascertain
the error of his compasses, other than by taking transit bearings.
The skipper had taken observations for this purpose from time to
time. He knew the proper corrections to apply to his compasses.
6. The vessel took her departure from the fishing grounds to the
southward and westward of the Eddystone Lighthouse, at 2.50 a.m. on
the 17th January, 1934.
7. The skipper took no adequate steps to ascertain his point of
departure from the fishing grounds to the southward and westward of
the Eddystone Lighthouse. He assumed his position from a report
made to him by the second hand that the Eddystone Light had been
seen at 1 a.m. The steps taken by the skipper were not adequate and
sufficient.
8. At the time when the vessel took her departure from the
fishing grounds to the southward and westward of the Eddystone
Lighthouse-
(a) the weather was stormy;
(b) the wind was south-west, force 7 to 8;
(c) the tide was flood;
(d) the visibility was poor.
9. The course on which the vessel proceeded after taking her
departure as mentioned above was north-east by east, and her
estimated speed was 7 to 8 knots, the engine doing 90
revolutions.
10. Such course and speed were not safe and proper in the
circumstances prevailing at the time.
11. No lights were seen by those on board the vessel after she
took her above-mentioned departure.
12. No soundings were taken by those on board the vessel after
she took her departure. Such soundings should have been taken.
13. The wind was increasing and the visibility became poorer
between the time when the vessel took her above-mentioned departure
and the time when she stranded.
14. The vessel was not navigated with proper and seamanlike
care.
15. The vessel stranded at 4.30 a.m. on the 17th January, 1934,
at a point near and to the westward of Rame Head.
16. The stranding of the s.t. "Chancellor" was due to proceeding
on a course at full speed from an uncertain or assumed position,
and without taking soundings during such course.
17. The stranding and subsequent total loss of the s.t.
"Chancellor" were caused or contributed to by the wrongful act or
default of Edward Charles Rowe, her skipper.
| | E. W. ROGERS,
W. E. M. CORBETT, | Judges |
We concur.
| | E. BARKLEY,
HENRY STOCKWELL,
W. ADDY, | Assessors. |
(Issued by the Board of Trade in London
on Saturday, the 14th day of April, 1934)
LONDON
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1934
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