Wreck report for 'Ex Fortis' and 'Bob's Own', 1934

FOR OFFICIAL USE

[Crown Copyright Reserved.]

(No. S. 369.)

STEAM DRIFTER "EX FORTIS."

and

MOTOR FISHING BOAT "BOB'S OWN."

THE MERCHANT SHIPPING ACT, 1894.

REPORT OF COURT.

In the matter of a Formal Investigation held at the Moot Hall, Newcastle-upon-Tyne, on the 2nd, 3rd and 4th days of October, 1934, before Ernest Leonard Beckingham, B.Sc., and Edward Richmond Newbigin, Esquires, two of His Majesty's Justices of the Peace acting in and for the City and County of Newcastle-upon-Tyne, assisted by Captain Wallace Edgar Whittingham, O.B.E., R.D., R.N.R., and Captain Piers de Legh, Nautical Assessors, and Felix Bee, Esquire, Fishery Assessor, into the circumstances attending the collision between the s.d. "Ex Fortis" and the m.v. "Bob's Own" to the eastward of Souter Point in the County of Durham on the 27th day of May, 1934, which resulted in the total loss of the "Bob's Own" and the subsequent loss of life of two members of the crew of the "Bob's Own."

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 collision and the subsequent sinking of the "Bob's Own" were caused by the wrongful default of James Charles Jenner, the skipper of the "Ex Fortis," in not keeping a good and proper lookout.

The Court finds him in default and hereby suspends his skipper's certificate, No. 9335, for a period of six months from the date hereof.

Dated this 4th day of October, 1934.

We concur in the above Report.

Annex to the Report.

This was an Inquiry into the circumstances attending the collision between the steam drifter "Ex Fortis" and the motor vessel "Bob's Own," two miles east of Souter Point, at about 8.45 a.m. on the 27th May, 1934, in which the "Bob's Own" was sunk, with the subsequent loss of two lives.

The Inquiry was held at the Moot Hall, Newcastle-upon-Tyne, on the 2nd, 3rd and 4th days of October, 1934, before Ernest Leonard Beckingham, B.Sc., and Edward Richmond Newbigin, Esquires, two of His Majesty's Justices of the Peace for the City and County of Newcastle-upon-Tyne, assisted by Captain Wallace Edgar Whittingham, O.B.E., R.D., R.N.R., and Captain Piers de Legh, Nautical Assessors, and Felix Bee, Esquire, Fishery Assessor.

Mr. E. N. Robinson, of Messrs. Watson, Burton, Booth and Robinson, Solicitors, of Newcastle-upon-Tyne, appeared for the Board of Trade; Mr. Victor Grunhut, Solicitor, of South Shields, appeared for the owner and the crew of the "Bob's Own" and the relatives of the deceased men, and Mr. Roger Clayton, of Messrs. Bramwell, Clayton & Clayton, Solicitors, of Newcastle-upon-Tyne, watched the proceedings on behalf of the owners of the "Ex Fortis." James Charles Jenner and Samuel Isaac Youngs, skipper and deckhand of the "Ex Fortis" were parties to the Inquiry.

The steam drifter "Ex Fortis," official number 136605, is a single-screw wooden steam fishing drifter, dandy-rigged, built by Messrs. J. Chambers, Limited, of Oulton Broad, near Lowestoft, in 1914. She is of 89.91 gross and 42.38 net registered tonnage, and is fitted with a triple expansion reciprocating direct acting engine, with vertical inverted cylinders, of 20 nominal and 160 indicated horse power, and one horizontal multitubular steel boiler working to a loaded pressure of 180 lbs. to the square inch, giving a speed of 9 knots. Her registered dimensions are as follows:-Length between perpendiculars 85.4 feet; breadth 19.5 feet and depth of hold 9.5 feet.

She has one bulkhead and is equipped with one boat and the life-saving appliances usual in vessels of her class.

She carried one compass fixed in the roof of the wheelhouse.

Her owners are Arthur and William and James Beamish of Lowestoft, James Beamish being designated managing owner.

The vessel sailed from Lowestoft, in ballast, at 9.30 a.m., G.M.T., on the 26th May, 1934, bound for the Tyne, with a crew of ten hands, including the skipper. This was the first time J. C. Jenner had sailed in the "Ex Fortis," and the crew was fresh to him.

Her draughts were 3 feet forward and 10 feet aft.

The vessel arrived at a position 3½ miles south-east of Souter Point at 8.30 a.m. on the 27th May, 1934, and was steering a course of N. by W. Her speed was about 8¾ knots. The weather was fine, a moderate to fresh N.W. wind, a slight sea, and the visibility was good. The foremast was lowered and secured in the crutch on top of the wheelhouse. The second hand and deckhands were busy hauling in the log and stowing the mizzen.

At 8.15 a.m. on the 27th May the "Bob's Own" was anchored in an approximate position 1½ to 2 miles east of Souter Point, lying with her head to the west. She was an open wooden keel boat about 20 feet 6 inches long, with a freeboard of 3 feet 6 inches at the stem and 2 feet 6 inches aft. A fortnight prior to this date she had been newly painted white, with a six-inch red band on the gunwale. She was fitted with a motor engine and had not a mast or superstructure. She was owned by John Thompson, a miner, of South Shields. On the morning in question, John Thompson was in charge of the boat and he was accompanied by three of his brothers and a man named Wilkinson. This boat had been used during the two previous summers by John Thompson and his brothers for line fishing. As already stated, at 8.15 that morning, the "Bob's Own" was line fishing and continued doing so until the collision.

At about 7.15 a.m. on the 27th May the skipper of the "Ex Fortis" took charge of the navigation and steering of his vessel and continued to do so until the time of the collision with the exception of about one minute just after 8.30 a.m., when he handed the wheel over to an uncertificated deckhand, while he, the skipper, consulted the tide tables which were in the wheelhouse. At 8.45 a.m. on the 27th May, the skipper, J. C. Jenner, heard some shouting, and presuming it came from one of his crew at the after end while they were stowing the mizzen, and thinking a man had fallen overboard, he looked through the after windows of the wheelhouse. He then heard his crew shouting to him to go full speed astern and not knowing what had happened, he put his engines full astern. After going astern for about one minute the skipper saw some wreckage and three men in the water and immediately stopped his engines.

The crew then threw lifebuoys, bladders and ropes to the men in the water and were successful in saving three of them.

At that time the skipper, J. C. Jenner, was unaware of the number of men in the water, but on looking aft he saw another man clinging to a piece of wreckage in the water at a distance of about 80 feet on the port quarter. He manoeuvred his vessel to within 10 or 12 feet of the man and a member of his crew, Gooch, was lowered into the water with a rope round his arm in an endeavour to pick up the man Jenner had seen. This rope, however, slipped and Gooch had to be pulled on board because he could not swim. By this time the man clinging to the wreckage had disappeared. The skipper then ordered the jolly boat to be launched and he steamed round the position for about an hour, towing the boat, to see if he could sight any more of the missing men.

The fifth man was never seen after the collision.

The rescued men were landed at North Shields and sent to their homes.

The skipper of the "Ex Fortis" and Youngs both deposed that they never saw the "Bob's Own" at all. The skipper said his attention was concentrated upon the Tyne Piers and that he must have "over-sighted" the anchored motor vessel. The foremast and .capstan, forward of the wheelhouse, would slightly obstruct the view of the helmsman, but both the skipper and Youngs admitted that this obstruction was not of a serious nature, as by walking from one side of the wheelhouse to the other they could get a clear view.

The Court is of opinion that having regard to the existing circumstances, a small vessel such as the "Ex Fortis" would not keep an absolutely steady course: she would move about a point either to port or starboard, and they are of opinion that the "Bob's Own" should have been observed.

The capstan, on the starboard bow, was just about in line with the helmsman's eye. This, and the fact that the bow was raised on account of the ship being so much by the stern, obstructed the helmsman's view of the water for a distance of about 30 to 50 yards from the stem forward.

The Court requested to be supplied with a plan of the "Ex Fortis," but one was not available. The solicitor for the owners had careful enquiries and search made, without success.

The Court ascertained that "the basket or other efficient signal" required by Article 9 (k) of the Collision Regulations, 1910, was not displayed by the "Bob's Own." The Court is of opinion that the action of the crew of the "Bob's Own" in placing their oars outboard forward-stated by them to be a local custom when anchored-was not an "efficient signal" within the meaning of the Regulation. On the other hand if a proper lookout had been kept by the "Ex Fortis" the "Bob's Own" should have been seen in ample time to avoid a collision.

The Court is also of opinion that there was an unnecessary delay in launching the jolly boat.

The crew of the "Bob's Own," after having noticed the "Ex Fortis" off the Wear, do not appear to have paid much attention to her until she was about 50 yards from them, when they took immediate steps to attract the attention of the "Ex Fortis" by shouting, blowing a whistle, and waving their arms. When the "Ex Fortis" was about 20 yards from the "Bob's Own," the crew of the "Bob's Own" slipped the cable and tried to start the engine, but before they were able to get the engine started the vessel was struck amidships by the "Ex Fortis" and heeled over and sank in a few seconds.

The survivors of the "Bob's Own" stated that the "Ex Fortis" swerved slightly to starboard just before the collision. The skipper of the "Ex Fortis" informed the Court that he did not deliberately move his helm but that it may have been moved involuntarily when he turned round and looked aft on hearing the shouts.

At the conclusion of the evidence the following questions were submitted on behalf of the Board of Trade; Mr. Grunhut addressed the Court for his clients, and the skipper, J. C. Jenner, expressed his sympathy with the relatives of the deceased men.

1. What was the approximate position of the "Ex Fortis" at or about 8.30 a.m. on the 27th day of May, 1934?

2. What was the state of-

at that time?

3. On what course and at what speed was the "Ex Fortis" proceeding at or about that time? Was any alteration made in her course and/or speed before she collided with the "Bob's Own"?

4. What were the draughts of water fore and aft of the "Ex Fortis" at that time?

5. Did the trim of the vessel as she then was, interfere with the forward range of vision of those in her wheelhouse between 8.30 a.m. on the 27th May, 1934, and the time of the said collision?

6. If so, was anyone placed on watch in the fore part of the vessel between 8.30 a.m. on the 27th May, 1934, and the time of the collision?

7. If not, should someone have been placed on watch forward during that period?

8. Who was in charge of the navigation of the "Ex Fortis" between 8.30 a.m. and the time of the collision on the said 27th May?

9. Who else was in the wheelhouse or on the bridge during that period?

10. Where was the "Bob's Own" between 8.30 a.m. on the said 27th May and the time of the collision?

11. Was she under way or at anchor at, and shortly before, the collision? If she was at anchor, how was she heading at the time of the collision?

12. Who was in charge of the "Bob's Own" at, and shortly before, the collision?

13. At what distance apart were the vessels

14. Were any, and if so what, steps taken to avoid the collision by those

15. Was a good and proper lookout kept in

16. Was the "Ex Fortis" navigated with proper and seamanlike care?

17. When and where did the collision between the vessels take place?

18. What was the cause of the collision?

19. Were any, and if so, how many lives of the crew of the "Bob's Own" lost in consequence of the collision?

20. Did those in the "Ex Fortis" take all proper steps to rescue the lives of the crew of the "Bob's Own" after the collision?

21. Were

caused or contributed to by the wrongful act or default of James Charles Jenner, the skipper of the "Ex Fortis", Samuel Isaac Youngs, the man at the wheel of the "Ex Fortis", and John Thompson, the skipper of the "Bob's Own", or any, and if so, which of them?

The Court replied as follows:-

1. The approximate position of the "Ex Fortis" at or about 8.30 a.m. on the 27th day of May, 1934, was latitude 54° 57' N., longitude 0° 15½' W.

2. At that time

3. The "Ex Fortis" was proceeding on a N. by W. course, at a speed of about 8¾ knots. No alteration in her course was made. A slight involuntary swerve may have been made when the skipper turned to look towards the after end of his vessel. No alteration in her speed was made.

4. The draughts of water of the "Ex Fortis" at that time were 3 feet forward and 10 feet aft.

5. The trim of the "Ex Fortis" as she then was-seven feet by the stern-would interfere with the forward range of vision of those in her wheelhouse for a distance of between 30 to 50 yards from her stem.

6. No one was placed on watch on the forward part of the vessel.

7. No forward lookout was necessary, if a proper lookout had been kept from the wheelhouse.

8. The skipper, James Charles Jenner, was in charge of the navigation of the "Ex Fortis" at the said time.

9. The skipper, James Charles Jenner, was alone except for about a minute when he ordered a deckhand, Samuel Isaac Youngs, to take the wheel while he, the skipper, consulted a tide table which was in the wheelhouse.

10. The "Bob's Own" between 8.30 a.m. on the 27th May and the time of the collision was from 1½ to 2 miles east of Souter Point.

11. The "Bob's Own" was at anchor and had been since 8.15 a.m. She was heading west at the time of the collision.

12. John Thompson, of 90, Alfred Street, South Shields, was in charge of the "Bob's Own" at, and shortly before, the collision.

13.-(a) The Court has no evidence that the "Bob's Own" was ever sighted by the "Ex Fortis."

(b) The evidence of those in the "Bob's Own" was that they sighted the "Ex Fortis" off the mouth of the Wear, five to six miles away, but the Court is of opinion that having regard to the size of the two vessels, the distance was probably about three miles.

14.-(a) No steps were taken by those in the "Ex Fortis" to avoid the collision, but

(b) those in the "Bob's Own" did everything they could to avoid a collision by shouting, blowing a whistle, standing up and waving their arms, and when a collision was seen to be inevitable, slipped the cable and tried to start the engine.

15.-(a) A good and proper lookout was not kept in the "Ex Fortis"

(b) From the evidence, the Court is of opinion that a good and proper lookout was kept in the "Bob's Own," but "the basket or other efficient signal" required by Article 9 (k) of the Collision Regulations, 1910, was not displayed. The crew of the "Bob's Own" placed their oars outboard forward, this being stated by them to be a local custom.

16. The "Ex Fortis" was not navigated with proper and seamanlike care.

17. About 8.45 a.m. on the 27th May, 1934, about two miles east of Souter Point.

18. Neglect on the part of the skipper of the "Ex Fortis" in not keeping an adequate lookout.

19. Two lives of the crew of the "Bob's Own" were lost in consequence of the collision.

20. The Court appreciates the efforts made by the skipper and the crew of the "Ex Fortis" which resulted in the saving of three men of the crew of the "Bob's Own," but is of opinion that if the jolly boat had been launched earlier the efforts made to save a fourth man might have been successful. There is no evidence that the fifth member of the crew of the "Bob's Own" was seen after the collision.

21.-(a) The collision and the subsequent sinking of the "Bob's Own" were caused by the wrongful default of James Charles Jenner, the skipper of the "Ex Fortis," and may have been contributed to by the absence of "the basket or other efficient signal" referred to in the answer to question No. 15 (b).

(b) The loss of life was not caused or contributed to by the wrongful act or default of anyone, except as a consequence of the collision.

We concur,

(Issued by the Board of Trade in London

on Tuesday, the 6th day of November, 1934.)

LONDON

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