(7885).
"HIGHLAND HOPE" (M.V.)
THE MERCHANT SHIPPING ACT, 1894.
REPORT OF COURT.
In the matter of a Formal Investigation held at Court "A," The
Quadrangle, Strand, London, W.C., on the 27th, 28th, 29th and 30th
days of January, 1931, and on the 2nd, 4th, 6th, 9th and 26th days
of February, 1931, before John H. Harris, Esq., assisted by Capt.
P. F. W. Blake, M.B.E., F.R.A.S., A.I.N.A., Capt. F. J. Thompson,
O.B.E., R.D., R.N.R., A.I.N.A., and John McLaren, Esq., M.I.,
M.I.Mech.E., M.I.N.A., into the circumstances attending the
stranding and loss of the British passenger motor vessel "Highland
Hope," of Belfast, Official Number 148,170, on the Farilhoes Rocks
off the coast of Portugal, on or about the 19th November, 1930.
The Court having carefully inquired into the circumstances
attending the above-mentioned casualty finds for the reasons stated
in the Annex hereto, that the stranding and loss of the ship was
due to the failure of the master to navigate the ship with proper
and seamanlike care in that he:-
(a) set a course from an indefinite point of departure
which, if maintained, was calculated to bring the ship in dangerous
proximity to the Farilhoes Rocks upon which the ship ultimately
struck,
(b) failed to alter course or to use the means at his
disposal for verifying his position by soundings or otherwise when
the ship ran into tog some twelve miles from the Farilhoes,
(c) failed to reduce speed when the ship was enveloped
in fog.
The Court finds the master, Captain Thomas Johnson Jones, in
grave default and suspends his certificate for six months.
The Court considers that the second officer, Herbert Robert
Welsh, was remiss in his duties, especially in not reporting to the
master when the latter came on the bridge shortly after 4.13 a.m.
on the 19th November, that a position had been obtained by a
bearing of the Leixões Light by the third officer.
The Court severely reprimands the chief officer, Horace Hugh
Thomas, for his conduct in concealing the fact that he had brought
the deck scrap log ashore whereby the duration and expense of the
Inquiry were much increased, and for his conduct in subsequently
destroying the deck scrap log whereby the Court was greatly
hampered in its investigation. The Court therefore orders the chief
officer, Horace Hugh Thomas, to pay to the Solicitor to the Board
of Trade the sum of ten pounds on account of the expenses of this
investigation.
The Court thinks it right to add that the work of disembarking
the passengers after the stranding of the ship was carried out by
all concerned under the supervision of the chief officer with great
skill and promptitude in circumstances of great difficulty, and
desires specially to commend the fourth officer, Mr. Gerald Joseph
Parry, for his courage and resource in dealing with the situation
created by the accident to lifeboat number 9.
The Court considers that the Owners cannot be absolved from all
blame for this casualty in that they employed as master of their
ship a man whose age was such that he could not reasonably be
expected to withstand the mental and physical strain involved in
commanding a large and fast passenger vessel.
The Court orders that the Board of Trade do pay, on account of
the expenses of this investigation, to Mr. James Horace Nelson,
third officer, the sum of fifty pounds, and to Mr. Gerald Joseph
Parry, fourth officer, the sum of fifty pounds.
Dated this 26th day of February, 1931.
JOHN H. HARRIS, Judge.
We concur in the above Report:
| | PERCY F. W. BLAKE,
FRED J. THOMPSON.
JOHN MCLAREN. | Assessors. |
ANNEX TO THE REPORT.
This Inquiry was held at Court "A," the Quadrangle, Royal Courts
of Justice, Strand, London, W.O., on the 27th, 28th, 29th and 30th
days of January, 1931, and on the 2nd, 4th, 6th, 9th and 26th days
of February, 1931. Mr. J. St. Clair Pilcher (instructed by the
Solicitor to the Board of Trade) appeared for the Board of Trade,
Mr. Cyril Miller (instructed by Messrs. William Crump & Son,
Solicitors, London) for the Nelson Steam Navigation Company, Ltd.,
the owners of the vessel, Mr. K. S. Carpmael (instructed by Messrs.
Thomas Cooper & Co., Solicitors, London) for Captain Thomas
Johnson Jones, the master of the vessel, Mr. H. J. Willmer
(instructed by Messrs. William Crump & Son) for Mr. Horace Hugh
Thomas and Mr. James Horace Nelson, the first and third officers,
and Mr. R. F. Hayward, M.C. (instructed by Messrs. W. & W.
Stocken, Solicitors, London) for Mr. Herbert Roger Welsh and Mr.
Gerald Joseph Parry, the second and fourth officers.
The "Highland Hope." official number, 148,170, registered at the
port of Belfast, was a steel twin screw motor vessel, built at
Glasgow in 1929 by Messrs. Harland & Wolff, Ltd., of Glasgow,
for the Nelson Steam Navigation Company, Ltd. She was classed 100
A.1 at Lloyd's Register of Shipping. The gross tonnage of the
vessel was 14,129.41, the register tonnage 8,732.54. Her length was
523.43 feet beam 69.4 feet. The depth of the hold from the tonnage
deck to ceiling at amidships was 37.15 feet. She was clencher
built, was fitted with two masts and was schooner rigged. There
were nine ballast tanks with a capacity of 2,193 tons of water
ballast and nine water-tight bulkheads; the water-tight bulkheads
could be operated from the bridge. The vessel had six hatchways.
The steering gear was of the electric hydraulic type. All winches
were electrically driven., There was on board a Siemen's latest
type of wireless installation which was fitted with an auto alarm.
There was also a Siemen's Wireless Direction Finder, Type 1094. The
vessel had 14 lifeboats under davits capable of carrying 936
persons, buoyant apparatus for supporting 264 persons, 18 lifebuoys
and 843 life jackets. She was fitted with a system of flood
lighting to facilitate the working of the lifeboats. The vessel was
certified to carry 135 first class passengers, 66 second class
passengers and a crew of 179. Space was provided for carrying
emigrants.
The vessel had two vertical reciprocating internal combustion
engines of the Diesel type, built by Messrs. Harland & Wolff,
Ltd., Belfast. Each engine had six cylinders; each cylinder was 680
m/m. in diameter with a stroke of 1,600 m/m. The N.H.P. of the
engines was 2.190, B.H.P. 7.000 and I.H.P. 9,600. The speed of the
vessel was about 16 knots per hour. She had one steel boiler with a
working pressure of 100 lbs. per square inch, and was fitted with
the usual pumps for a vessel of her type.
The "Highland Hope" left London at 6.41 a.m. on Saturday, the
15th November, 1930, bound for Buenos Ayres. It was her fifth
voyage. She had on board a crew of 139 all told and about 150 cabin
passengers.
At 8.30 a.m the vessel anchored off Gravesend. At 11.15 a.m.
boat drill was carried out, all hands available being called to
their stations and boats Nos. 5, 6, 7, 8, 9 and 10 being swung out
but no4 lowered. At 1.1 p.m. the vessel weighed anchor
and proceeded to Boulogne, where she arrived at 8.20 p.m. At 10.20
p.m., having embarked mails and a few additional passengers, she
left for Vigo on the coast of Spain, her next port of call. On
Sunday, November the 16th, at 11 a.m., boat drill was held, at
which passengers were expected to attend, but very few did so.
Proper notification had been given that the drill would be called
that day, but apparently the majority of the passengers were
disinclined to leave their bouillon, which was being
served in the lounges when the bugle sounded for the drill.
After leaving Boulogne course was set down Channel and the
vessel proceeded towards Vigo. There was considerable fog at
intervals in the Bay of Biscay. Entries in the chief officer's log
book show that the Casquets Lighthouse was passed at 9.23 a.m.;
distant 2.7 miles, Ushant at 6.45 p.m., distant 3 miles, and that
Cape Torinana Light was a beam at 12.19 a.m., distant 1.8 miles
only. in the opinion of the Court, all these dangerous points
should have been given a wider berth as advised by the Admiralty
Sailing Directions, especially Cape Torinana.
The vessel arrived at Vigo at 5.59 a.m. on the 18th November. At
Vigo she embarked 217 Spanish and Portuguese emigrants and shipped
about 400 tons of general cargo, mostly fresh fish and chestnuts.
The emigrants were berthed forward on the shelter deck.
At about 6 p.m. on the 18th November the "Highland Hope" left
Vigo with the master, Captain Jones, the third officer, Mr. Nelson,
and the fourth officer, Mr. Parry, on the bridge. Before getting
under weigh Mr. Parry, following the usual practice, communicated
the time by the bridge clock to the engine-room so as to enable the
engine-room clock to be synchronised with it. At 6.1 p.m. the
engines were put full speed ahead and the master ordered the ship's
head to be steadied on a point midway between the Brasileira and
Borneira Beacons. These orders were carried out by Mr. Nelson, the
third officer. After passing between the Beacons the master ordered
the fourth officer, Mr. Parry, to steady the ship's head between
Cape Vicos and Punta Lameda, and set the course S.65°W. by compass,
which the master reckoned was S.50°W. true. This was done at 6.18
p.m. Soon afterwards course was temporarily altered about a point
to the westward, the master thinking that the vessel was getting
rather too close to the southern shore of the Bay. Course was then
resumed. At about 6.35 p.m. the position of the vessel was taken by
means of a four point bearing on Cape Vicos by Mr. Parry, the
fourth officer, on the instructions of the master, which gave it a
distance abeam of about one mile, and an entry "Cape Vicos abeam 1
mile" was made in the deck scrap log by Mr. Parry. Cape Silleiro
Light was now sighted, bearing, according to Mr. Parry's evidence,
about 3 points on the port bow. The master ordered Mr. Parry to
take a four point bearing on it, which he did, taking also the
patent log reading, which, Mr. Parry said, involved a quick descent
of the ladder on his part. Mr. Parry called out the log reading to
the master, and the Chief Officer, Mr. Thomas, having come on the
bridge, Mr. Parry was permitted to go down to his dinner, leaving
Mr. Thomas to take the beam bearing, the master saying that he
would himself take the log reading when Cape Silleiro was abeam.
According to the master's evidence the log reading stood at 5 when
Cape Silleiro was 4 points on the bow and at 8 when it was abeam,
and he himself reset the log. In a deposition made at the
preliminary inquiry before the Receiver of Wreck, the chief
officer, Mr. Thomas, deposed as follows:- "At 6.54 p.m. took our
departure from Cape Silleiro bearing S.E. magnetic, distant 3
miles. The log was set there at zero by the fourth officer … the
position was, I understand, ascertained and verified by a 4 point
bearing "-which does not suggest that Mr. Thomas himself took any
part in the observation. When before the Court, however, Mr. Thomas
was positive that he had taken the beam bearing and that the master
took the log reading and reset the log. He stated that he made no
entry of the bearing in the deck scrap log, but passed on the
information to Mr. Nelson, the third officer, who relieved him
while he went down to his dinner. Mr. Nelson, the third officer,
stated that he took no part in the observations. The master stated
that the vessel was abeam of Cape Silleiro when on the course
S.65°W. by compass at 6.53 p.m., and that the vessel's distance
from Cape Silleiro was then three miles.
The evidence as to the taking of this important observation of
the ship's position off Cape Silleiro, from which the master
intended to take his departure, was very unsatisfactory. The
impression it left on the mind of the Court was that the means
adopted to verify the ship's position at this juncture were not
calculated to produce a very accurate result with several officers
engaged on the task of ascertaining the different factors
necessary, and the Court cannot regard the result obtained as more
than approximately correct.
From the position thus ascertained as three miles from Cape
Silleiro on a bearing S.40°E. true, the master took his departure
at 6.53 p.m., the log having been reset. According to the master,
he then starboarded his helm about 4 points on a course of S.25°W.
by compass and rounded Cape Silleiro on the arc of a circle which
brought his vessel three miles abeam of it on her new course. No
bearings were taken to verify the position of the vessel when abeam
of Cape Silleiro on her S.25°W. course. This could easily have been
done by means of cross bearings, and, in the opinion of the Court,
it should have been done. The distance of three miles abeam, on the
course S.25°W. given by the master was a mere estimate based upon
an assumption that the vessel rounded Cape Silleiro on the are of a
circle whose radius, with Cape Silleiro Light as a centre, was
exactly three miles. In the opinion of the Court such an assumption
was quite unwarranted and the vessel's distance from Cape Silleiro
when she came abeam of it on the course S.25°W. by compass was
certainly not more than 2½ miles and probably less, even if the
ship's position, when abeam of it on her S.65°W. course, was
accurately ascertained.
The course now set by the master, i.e., S.25°W. by compass, was
stated by him to have been intended as a temporary course only, his
purpose being to steer such a course down the coast of Portugal as
would bring him five miles off the Burlings Islands. In pursuance
of this intention the course was subsequently altered to S.24°W. by
compass, which the master reckoned was S.11°W. true. The time at
which this alteration of course was made was left in doubt by the
evidence, which was conflicting. In his deposition before the
Receiver of Wreck the master stated that the alteration was made
about 8 p.m., by which time the vessel, going full speed ahead as
she was, i.e., making 16.2 knots, would have travelled about 17
miles from Cape Silleiro. To the Court the master stated that the
alteration was not made until 9 p.m., when the vessel had travelled
33 miles, and Mr. Nelson, the third officer, agreed with him. On
the other hand, the quartermaster who was at the helm from 8 p.m.
to 10 p.m. was quite positive that no alteration of course was made
during his trick at the wheel. Mr. Nelson, the third officer, whose
watch commenced at 8 p.m., was in fact on the bridge from 7 p.m. to
7.40 p.m., relieving the chief officer, who had gone to his dinner.
It was Mr. Nelson who worked out the course on the master's
instructions and in view of the quartermaster's evidence the Court
is satisfied that the course S.24°W. by compass was set between 7
p.m. and 7.40 p.m. and not later.
The master's instructions to Mr. Nelson were, according to Mr.
Nelson and the master, to work a course three miles from Cape
Silleiro to five miles off the Burlings and to correct it for
variation and deviation and find out what the compass course was.
The result of Mr. Nelson's calculations, which the master stated
were verified and approved by him, was to make the proposed course
S.10½°W. true according to Mr. Nelson's evidence: according to the
master's evidence S.10°38'W. true. The course was plotted by Mr,
Nelson on the chart, which was before the. Court, and upon it there
appeared the figure "S.10°W." with the figure "11" underneath it.
The Court is unable to say when these figures were placed upon the
chart, but it would appear that the course line on the chart was
first marked S.11°W. and the figure of 10 written over it at a
later time. The master stated to the Court that in order to be on
the safe side and to give the Burlings a wider berth than five
miles he set the course S.11°W. true, which he reckoned in a
calculation submitted by him to the Court would take him 6.6 miles
off Burlings Island and 3.8 miles off the outer rock of the
Farilhoes.
It is apparent from inspection of the chart and from Mr.
Nelson's evidence, that in working the course a position was taken
bearing S.79°E. true 3 miles off Cape Silleiro as the point of
departure. The course set by compass was S.24°W. which was arrived
at by allowing 14° 45' variation and 1° 45' E. for deviation. The
amount allowed for deviation was, in the opinion of the Court,
excessive. No observations to ascertain deviation had been possible
on the voyage, owing to the fact that all celestial bodies had been
obscured, but the records of previous voyages in the Compass
Deviation Book showed that the mean easterly deviation on this
course was under one degree. An error of half a mile at the point
of departure, coupled with an error of one degree in the course
steered, would bring the vessel about one mile inside her expected
distance off the Leixões Light, which was the next point from which
a bearing could be taken to verify the ship's position, and
approximately half a mile off the outer rock of the Farilhoes. In
the calculation submitted by the master to the Court it was assumed
that a course of S.25°W. by compass had been steered for 33 miles
from the point of departure. As already stated, the Court does not
think that the vessel had travelled anything like this distance
when the course was altered to S.24°W. by compass.
It is to be observed also, in dealing with the question whether
the course set and steered was safe and proper, that no allowance
would appear to have been made for possible current or set. A very
little set to the eastward was needed, if her course of S.24°W. by
compass was maintained, to bring the vessel on to the Farilhoes
Rocks. The master had experienced an easterly set of 0.9 mile on a
previous voyage. On the ship's fourth voyage he had found that she
had overrun her distance by two miles or more. The coast of
Portugal is a dangerous one; the master knew from his own
experience that the currents were indeterminate; it was doubtful
whether the coast lights would be picked up, as the land on leaving
Vigo was overcast with cloud or haze, and the Farilhoes Light, as
the master knew, was not being exhibited. In these circumstances to
set so fine a course as S.24°W. by compass and to hold it as the
master did through the fog which enveloped the vessel from 4.15
a.m. onwards was, in the opinion of the Court, running a grave risk
which should never have been incurred.
At 10.18 p.m. the Leixões Light (Boa Nova) was sighted by the
third officer, Mr. Nelson, the master having by this time retired
to his cabin after leaving his night orders on a pad in the chart
room. A running fix of the Light was obtained by Mr. Nelson, which
made the distance of the Light 19 miles abeam. This meant, if the
observation was accurate, that the vessel was at that time about
two miles inside her expected course line. According to Mr.
Nelson's evidence, he did not regard the observation as a reliable
one, because he had been unable to see more than the "loom" of the
Light; and he so informed the second officer, Mr. Welsh, when that
officer relieved him at midnight. Mr. Welsh said he regarded the
observation as quite useless and for that reason did not pass on
the information which he had received from Mr. Nelson to the
master-an omission on which the master laid great stress at the
Inquiry; in the opinion of the Court, not without reason. The point
is dealt with later. Upon the question whether the light itself or
only the "loom" of it was seen, the Court came to the conclusion
that it was the Light itself and not merely the "loom" which Mr.
Nelson saw and from which he took his bearing, although, as Mr.
Nelson himself admitted, he may have seen it through haze. It is
pertinent to observe that the first bearing taken of this light was
37° before the beam. This was exactly on the range of the light,
allowing for the height of eye from the ship's bridge. It is
noticeable, also, that the observation was said by Mr. Nelson to
have been entered by him in the deck scrap log without any words to
qualify it as other than accurate. The entry was, according to Mr.
Nelson's memory, "10.18 p.m. Leixões Light abeam, distance 19
miles, log 52.5." The ship's position as verified by the
observation was also marked by Mr. Nelson on the chart. The marking
on the face of it showed the ship to be inside her expected course
line at 10.18 p.m. Furthermore, the quartermaster who was at the
wheel when the bearing was taken, stated that he saw the light and
was quite sure about it.
Making allowance for the fact that the light may have been seen
through haze or mist and for possible error due to the means
adopted to obtain the bearing, the Court is of opinion that the
distance of 19 miles was approximately correct within one mile and
that the vessel was certainly inside her expected course line at
the time mentioned.
At midnight, Mr. Welsh, the second officer, relieved Mr. Nelson
who, before leaving the bridge informed him of the Leixões light
observation. As already stated Mr. Welsh appears to have regarded
the observation as quite useless and in no sense to be taken as a
warning even that the ship was possibly off her course line.
Apparently he relied upon picking up the Cape Mondego light which
is a powerful one with a range of 24 miles. In fact this light was
never sighted, although if the ship was on her expected course and
the light was unobscured, the vessel would have passed well within
range of it allowing for height of eye from the bridge. On failing
to sight it, Mr. Welsh seems to have at once assumed that the
vessel was in fact outside her expected course line-an assumption
which in the opinion of the Court was a dangerous one to have made,
the more so having regard to Mr. Nelson's report of the Leixões
light observation. It was at least as probable that the Cape
Mondego light was obscured by mist or cloud which on this coast and
in the winter months is notoriously wont to lie over the land. The
Court is satisfied that the light was in fact obscured by mist or
cloud and that the vessel at this time, so far from being outside
her expected course line, was in fact inside it.
At 4 a.m. the log was said to have read 144.8 and this figure
appears on the chart. In the opinion of the Court this figure does
not correctly represent the distance run at that time. The time at
which the vessel struck and the log reading at that time are not in
doubt. The vessel struck at 4.57 a.m. by the bridge clock and the
log reading then was 163 miles which corresponds with the distance
between Cape Silleiro and the Farilhoes Rocks as measured on the
chart. If the vessel had only covered 144.8 miles from Cape
Silleiro at 4 a.m. she must nave run 18.2 miles in the last 57
minutes although for the last 12 minutes of that period she was
running at reduced speed.
Shortly before 4 a.m. Brown, the look-out man, reported by bell
that he had seen a light roughly a point on the port bow. The
"Highland Hope" should by this time have been well within the range
of the Burlings Light, which the Court finds was burning, and there
can be little doubt that she was within it. The light, whatever it
was, was not seen by Mr. Welsh, the second officer, who was on the
bridge. It was not acknowledged from the bridge and Mr. Welsh seems
to have at once made up his mind without personal investigation
that no light of any kind had been seen. He came to this conclusion
apparently because he put no trust in Brown whom he described as a
boy of 17-(he was in fact 23)-having found him unreliable on one
occasion during a voyage in another ship. The weather at this time
was misty and though the Court can express no definite opinion upon
it, it is possible that the light seen by Brown was the Burlings
Light. it was, according to Brown, a long way off.
At 4 a.m. Mr. Welsh was due to be relieved, but the chief
officer, Mr. Thomas, whose watch began at that hour, had not
appeared. Apparently he had not been called at the time he should
have been. Mr. Welsh, therefore, remained on the bridge and
continued to navigate the vessel after 4 a.m. The fourth officer,
Mr. Parry, joined him on the bridge at 4 a.m. or a minute or two
after.
Shortly after 4 a.m. a heavy bank of fog was seen to be rolling
up on the starboard bow and Mr. Welsh gave the "Stand-by" to the
engine-room and set the automatic fog whistle going. The time at
which this was done was in dispute at the Inquiry, but the Court is
satisfied that it was 4.13 a.m. by the engine room clock or 4.11
a.m. by the bridge clock. The night orders left by the master on a
pad in the chart room were "Course S.24°W. Call me when the log
registers 157 or before, if necessary": and Mr. Welsh accordingly
sent the fourth officer to call the master, who however had already
left his cabin upon hearing the fog whistle being sounded; and he
and Mr. Thomas arrived on the bridge within a few moments of one
another. The fog at this time, according to Mr. Welsh, was as thick
as a blanket.
On the arrival of the master and the chief officer there was
apparently a discussion about the light which Brown, the look-out
man, had reported. Inquiries were made, not of Brown who had gone
off watch, but of Leary, the look-out man, who succeeded him. Leary
reported that he had seen no light since he had come on look-out,
and apparently the conclusion come to was that Brown had been
mistaken. At any rate no action was taken. Mr. Welsh, the second
officer, then left the bridge. Before he left, however, the master
had asked him what the log reading was and the speed of the vessel
and whether he had seen any lights, to which Mr. Welsh replied that
he had seen none. The master was thus not informed about the
Leixões light bearing and he told the Court that he never heard of
it until he got to Lisbon after the vessel had stranded. In the
opinion of the Court, the information should have been conveyed to
the master by the second officer, if only as a matter of routine,
and notwithstanding that the master could have ascertained the
information himself by inspection of the deck scrap log and the
chart. The master told the Court that he never looked at the deck
scrap log and that he did not see the marking of the Leixões Light
position on the chart. The master stated that, had the information
been conveyed to him, he would have hauled the ship out at once.
Whether he would have done so must remain a matter of speculation
especially as the second officer regarded the observation as quite
unreliable and would no doubt have so informed the master. At any
rate, at a later time which the chief officer put at 4.23 a.m.,
when the fog had become dense and the chief officer had suggested
to the master the advisability of hauling the ship out, the master
did not accept the suggestion and continued on his course, giving
as his reason for doing so that lie expected the fog to lift and to
sight the Burlings Light.
Soon after coming on the bridge the master ordered the patent
sounding apparatus to be rigged and this was done-apparently in
order that soundings might be taken after the vessel had rounded
the Burlings. The vessel meanwhile proceeded ahead at full speed
through the fog, and it was not until 4.45 a.m. that any reduction
of speed was made. The ship's engines were then put at half speed.
Up to that time no measures had been taken by the master to verify
his position. The lead was not used nor was any attempt made to use
the wireless direction apparatus. The clock was not looked at nor
the log. It would seem that the master was confident that he had
set the ship on a safe course, that she had held it and that he had
only to keep the ship going straight ahead to pass the Farilhoes in
safety; or else that he was counting on the fog lifting before he
got too close to the Burlings and so disclosing the Burlings
Light.
At 4.47 a.m. by the engine room clock the master gave the order
"slow" and at 4.57 a.m. "dead slow." At this time the helm was put
hard-a-port to avoid some fishing vessels whose flares had been
sighted on the port bow and right ahead. Almost immediately
afterwards the master ordered the port engine to be put full ahead
in order, so the master said, to help the vessel to answer her
helm. At 4.58 a.m. both engines were put slow ahead. At this moment
the master thought he heard the whistle of another vessel
approaching him on the port bow, from which, as he informed the
Court, he concluded that the "Highland Hope" was well on her
expected course line. The chief officer, Mr. Thomas, thought that
the whistle was only an echo of the ship's own whistle, which it
undoubtedly was, and told the master so. The master ordered the
whistle to be sounded again and the echo was heard. A second or two
later the look out man shouted that there was land ahead and before
anything could be done the "Highland Hope " ran on to the N.E.
Farilhoes Rocks for the greater part of her length.
The Court considers that the navigation of the "Highland Hope"
by her master from the time that she ran into fog in the early
hours of 19th November, 1930, until she struck was of an utterly
imprudent and unseamanlike character, and for that the master,
Captain Jones, must take full responsibility. In the opinion of the
Court, when the fog became dense, speed should have been at once
reduced and a line of soundings taken. Seeing that the vessel was
approaching dangerous rocks which, to the master's knowledge, were
without light or fog signal; that the vessel was, on the master's
own view of it, on a course which was to take him less than four
miles from the outer rock; that the vessel's course after leaving
Cape Silleiro had not, so far as his knowledge went, been verified
except by dead reckoning at 4 a.m.; that he knew that the currents
to be expected were of indeterminate direction and force, and that
he had on a previous voyage overrun his course by two miles; that
he had on one occasion at least experienced an easterly set of
nearly a mile; it seems inexplicable that he should not have taken
the elementary precaution of hauling his vessel out to the westward
as soon as she ran into fog, or of reducing speed and using the
lead.
It should be stated here that there was much controversy at the
Inquiry as to the times at which the events of the last hour took
place. The deck officers, i.e., the master, the chief officer, and
the fourth officer, all put the times of the engine movements very
much earlier than those which have been given above. Mr. Welsh, the
second officer, and Mr. Parry, the fourth officer, both deposed
that the "Stand-by" was ordered at 4 a.m. or very shortly
afterwards. On the other hand, it was not disputed that the vessel
struck at 4.57 a.m. by the bridge clock. Mr. Parry was sent by the
chief officer to take the time when the vessel struck for the
express purpose of recording it, and Mr. Parry said the time was
4.57 a.m. and the log reading 163. This agrees within two minutes
with the time recorded in the engine room scrap log book which was
before the Court. Two minutes was stated to be the usual difference
between the two clocks before synchronisation.
It was suggested at the Inquiry that the entries of the times
recorded in the engine room scrap log were not contemporaneous
entries and should be rejected. The Court is satisfied that they
were contemporaneous entries, and accepts them as correct. They
were substantially in accordance with the evidence of Quartermaster
Wylie, whom the Court considered to be a most reliable witness, and
others. The times given by the deck officers referred to could not
be reconciled with known facts.
As soon as the vessel struck the master stopped the engines; the
watertight doors were closed and wireless messages were sent out;
the signal was given for boat stations and the stewards went round
the passenger accommodation warning the passengers. At 5.2 a.m. the
engines were put slow ahead on the suggestion of the chief officer
to keep the vessel from slipping off the rocks into deep water.
Maroons were fired from the bridge. Although the evidence was, not
unnaturally, somewhat contused as to the details of what occurred
in getting out the boats and so forth, the Court is satisfied that
the disembarkation of the passengers was effected with great
promptitude and skill. It was estimated by all the witnesses that
the passengers were clear of the ship in about half an hour, and
the Court sees no reason to doubt the correctness of this estimate.
The superintendence of the work of disembarkation devolved upon the
chief officer, and the Court has nothing but praise for the manner
in which he and everyone else concerned carried out their duties in
this respect. The vessel was lurching heavily from side to side,
with an irregular motion, and this rendered the task of lowering
the boats and getting the passengers safely into them exceedingly
difficult. The lowering apparatus seems to have worked excellently
and the flood lighting arrangements, with which the ship was
equipped, were of great assistance. There was no panic, which is
perhaps remarkable, as there were over 200 Spanish and Portuguese
emigrants on board who could not understand English. Part of the
ship's crew, including some of the stewards, were Spanish and
Portuguese seamen who had been specially shipped at Vigo to deal
with the emigrants who embarked then, and no doubt these men were
able to do much to allay the anxiety of their compatriots when the
disaster occurred.
Owing to the presence of rocks some of the boats on the port
side could not be launched. All of the boats which were launched
seem to have been safely lowered and got away with a full
complement-with the exception of boats No. 9 and No. 6. No. 6 was
damaged in lowering and swung back on board. No. 9 was being
lowered into the water after being filled with about 60 passengers
from the promenade deck, when the ship gave an unexpected lurch,
described by the chief officer as a "bump" and a "stagger" with the
result that the boat was thrown against the side of the ship. This
caused the boat to heel over, throwing some half dozen of its
occupants into the water. These were all picked up by other boats.
It was suggested by Commander Pink, a passenger who gave evidence,
that the boat was tilted in a fore and aft direction which, if
true, implied either that the boat was being carelessly lowered or
that the lowering apparatus was at fault. The Court is satisfied
that this was not the case and that the accident happened as
stated. The boat reached the water safely but immediately filled,
her side having been stove in by the collision with the side of the
ship. Her tanks, however, kept her from sinking. Mr. Parry, the
fourth officer, who had been getting the passengers, mostly
emigrants, on board, seeing the boat's plight, at once shinned down
the fall from the boat-deck and got into the boat, which now
drifted away from the ship's side. Mr. Parry, thinking that the
best thing to do was to get the people back on board, shouted up to
the deck for a line. But apparently no one on board heard, and Mr.
Parry accordingly went overboard and swam to the ship, got a line
which was hanging down and threw it to the carpenter's mate, who,
by Mr. Parry's orders, was standing in the bow of the boat. The
line was secured, but the boat was so waterlogged that it was
impossible to haul her in. Mr. Parry then climbed back to the ship
and lowered the starboard gangway in case the boat should be able
to get back. Then as the boat was no longer visible in the darkness
and fog, Mr. Parry turned his attention to another boat. No. 9 boat
was eventually picked up by one of the Portuguese trawlers which
were in the vicinity and towed ashore.
The Court considers Mr. Parry's conduct deserving of high
commendation.
The work of getting the passengers ashore after disembarkation
was greatly assisted by the action of the trawlers already referred
to and the passengers and crew were all safely landed at Peniche.
One passenger, however, sustained injuries-how or when there was no
evidence to show. It was reported to the chief officer that he had
attempted, against orders, to jump into one of the boats. He was a
Portuguese emigrant named Manoel Perez y Perez. He was conveyed
ashore and removed to hospital, where he subsequently died.
While the passengers were being embarked and afterwards,
soundings were taken from time to time in various parts of the
ship. It was obvious that the ship had been badly holed and was
rapidly filling with water, especially in the after part, although
the engine room remained dry. By 7 a.m. Nos. 4 and 5 holds
contained 9 to 11 feet of water. It was noticed that the sounding
pipes had been forced up through the deck and there were
indications that the main mast was being forced up also. At about
this time the master, who, with the chief officer, the chief
engineer and the carpenter, had remained on board, decided to leave
the ship by one of the boats which had returned to the vessel. As
they were about to do so two passengers appeared on deck, who
stated that they had been unaware that the ship had struck ?? The
master ordered them into the boat, and the other officers having
entered it, he followed, being the last to leave the ship. The
Court is satisfied, from the fact that he did return to her later
on, that the master left the ship with the intention of returning
to her.
Everything was done by the ship's officers to ensure as far as
possible the comfort of the passengers on shore. The Portuguese
authorities rendered great assistance and the people of Peniche did
everything in their power to aid the passengers. The British
Vice-Consul was quickly on the scene and the owners' agent arrived
as soon as possible and made the necessary arrangements to convey
the passengers to wherever they desired to go.
After the master had left the ship, Portuguese fishermen from
some of the trawlers already mentioned got on board the ship and
commenced pilfering. While there may have been no reason to
anticipate this, the Court considers that steps should have been
taken as a matter of course to protect property on board. The Court
considers that a boat's crew under the master and/or chief officer,
could have remained, either on board the ship with the lifeboat
made fast alongside, or in the lifeboat alongside, until assistance
had arrived from the shore or from one of the salvage vessels which
answered the wireless calls for help from the master.
The Portuguese Government salvage vessel "Patras Lopez" arrived
on the scene at 4.22 p.m. on the 19th November. Her commander
boarded the "Highland Hope" for the purpose of taking soundings and
verifying her position. Seeing a number of fishermen on board the
ship he ordered them to leave. The "Highland Hope" was completely
abandoned at sunset, but a watch was maintained by means of a
searchlight from the "Patras Lopez" during the night. At 6.50 a.m.
on the 20th November a naval force from the "Patras Lopez" was
placed on board the "Highland Hope" as a guard. A quantity of cargo
and baggage was salved by the salvage vessels, and inventories were
made showing that many articles of baggage had been stolen.
There remains to be dealt with the question of the ship's
documents. The master admitted that he gave no orders for any of
the ship's documents to be brought off the vessel before he left
her, although he says he subsequently told the chief officer to get
the log book. The master explained this omission by saying that the
passengers and the saving of life was still his chief thought and
it did not occur to him to see that the documents were got. The
only ship's document brought ashore on the 19th November seems to
have been the engine room scrap log which was secured by Mr.
Johnstone, the second engineer. On the afternoon of that day the
master returned to the vessel in a fishing boat with the chief
officer and the third officer to inspect it and to see whether it
was possible to salve the mails and the passengers' luggage. The
master and the chief officer apparently came to the conclusion that
it was then impossible to go on board or to do anything, but the
third officer, Mr. Nelson, scrambled on board and got some private
documents of his own. Before he could make any inspection of the
vessel, however, he was hailed and saw that the fishing boat had
left the ship's side. He concluded that he had better clear off,
and did so, being taken off by another fishing boat; apparently the
other fishing boat had broken down. No ship's documents were thus
brought from the ship on the 19th November, except the engine room
scrap log already referred to.
On the morning of the 20th November the chief officer, Mr.
Thomas and the second officer, Mr. Welsh, visited the ship. There
were Portuguese on board, Mr. Welsh said, doing salvage work. The
chief officer later on, according to Mr. Welsh, said "What about
the log book: will you go and have a look" Mr. Welsh stated that he
entered the chart room but found everything in confusion.
"Consequently you could not do anything. . . . Of course I came
down and said 'I cannot see anything' and then I never bothered any
more about it." He said that he left the ship before the chief
officer. The chief officer was more fortunate. In the chart room he
found the compass deviation book, the two working charts and the
deck scrap log. His own log book, he said, he found in his own
room. He said that he was unable to find the night order pad, the
engine movements book, or the official log book. The documents
which he did obtain were before the Court, with the exception of
the deck scrap log book. This was a most important document because
it contained entries of great materiality to the Inquiry. Until the
Inquiry had proceeded for two days it was not known that the scrap
log book had been brought ashore at all. The Inquiry was opened and
conducted for two days on the footing that it had not been brought
off the ship and much time was spent in questioning the witnesses
about it. On the third day of the Inquiry the Court was informed by
Mr. Willmer, who appeared as Counsel for Mr. Thomas, that he had
just been told by the chief officer that the deck scrap log book
had been brought ashore by him but that it had subsequently been
destroyed. When giving evidence, Mr. Thomas, on being asked how he
had destroyed it, answered "If I remember rightly, it was thrown
into the Bay of Biscay," and later he explained that he had thrown
it through a porthole in the vessel which brought him back to
England. The Court does not believe this to be the truth. It
considers it far more probable that Mr. Thomas brought the deck
scrap log book home with the other documents. In his deposition
made on 5th December at the preliminary inquiry before the Receiver
of Wreck Mr. Thomas swore that the only document he could find when
he boarded the ship was his own log which he kept in his own room.
When asked by the Court why he had given an untrue answer he said
that he wanted some advice first before giving up the documents
because he had heard there was going to be an Inquiry. At what
precise period Mr. Thomas disclosed to anyone in authority that he
had brought home the two charts and the compass deviation book did
not appear, but it is evident that he retained these documents for
some time without disclosing the fact that he had brought them off
the ship. In these circumstances the Court could not accept the
chief officer's statement that he destroyed the deck scrap log
because he feared that he might get into trouble if the Marine
Superintendent should discover that a scrap log had been used
instead of the slates provided. The chief officer said or implied
that there was a rule of the Nelson Line that slates only were to
be used. The Court finds that there was no such rule, although
apparently the owners preferred that slates should be used. The
explanation in any case was quite insufficient to explain the
destruction of such an important document. The absence of this
document greatly hindered the Court's investigation. It should have
contained and did contain, according to other officers' evidence,
entries recording the time at which course was changed between Cape
Silleiro and the Burlings, the log readings at 8 p.m. and at
midnight, and the engine movements up to the time when half speed
was ordered. The deck scrap log was used, so Mr. Thomas said, to
make up his own log on the night of the 18th November. He said that
he completed his log, with the exception of the last page which he
filled in at Lisbon and which contains entries as to cargo only
made from memory, between 8 p.m. and 10 p.m. on that night and then
took it to the master for signature. The log book when inspected
appeared to the Court to have been all written up at the same time,
with the exception of one entry which may have been inserted later.
On the last page but one which Mr. Thomas said he wrote up before
10 p.m. on the 18th November there was an entry of the wind and the
barometer reading at midnight on the same date. None of the pages
in the log book bore the rubber stamp expressly provided for use
above the master's signature, and it was said that this stamp had
been lost. The general impression left on the mind of the Court by
Mr. Thomas' evidence on these matters was in the highest degree
unfavourable to Mr. Thomas. The Court felt that an attempt had been
made and was being made to prevent it arriving at the truth. The
Court considers Mr. Thomas' conduct, in regard to the ship's
documents, as most reprehensible; it can find no extenuation for it
except, possibly, a mistaken sense of loyalty to others. In fact he
did them a great disservice.
At the conclusion of the evidence of the witnesses called by the
Board of Trade Mr. Pilcher submitted the following questions for
the consideration of the Court:-
1. What was the cost of the m.v. "Highland Hope" to her
owners?
What was her value when she last left the United Kingdom?
What Insurances were effected upon and in connection with the
ship?
2. When, where, and by whom were the chronometers of the m.v.
"Highland Hope" last professionally rated? What was the result of
such rating?
3. What number of compasses had the vessel? Were they in good
order and sufficient for her safe navigation? When and by whom were
they last adjusted?
Had the master ascertained the deviation of the compasses by
observations from time to time?
Had the errors been correctly ascertained and recorded and did
the master know the proper corrections to be applied to the various
courses steered?
4. When the m.v. "Highland Hope" last left London on or about
the 15th November, 1930:-
(a) What was the number of boats of any kind on board?
How and where were they carried and what were their carrying
capacities respectively? What was their condition land was their
equipment complete?
(b) What number and description of lifebuoys and life
jackets were on board? Where were they stowed or carried?
(c) What was the total number of persons employed in
any capacity on board?
(d) Was the vessel adequately and sufficiently
manned?
(e) What installations for receiving and transmitting
messages by wireless telegraphy were on board the m.v. "Highland
Hope"?
How many operators were employed on working such installations?
Were the installations in good and effective order?
5. Did the m.v. "Highland Hope" hold a passenger certificate and
was she so provided as to comply with all the requirements of the
Merchant Shipping (Life Saving Appliances) Rules dated 6th August,
1924?
6. What was the system in force on the m.v. "Highland Hope" for
informing:-
(a) the members of the crew and the passengers of the
particular boats to which they were respectively allotted?
(b) the passengers where to obtain life jackets and how
to put them on?
7. Before leaving London and/or on the way to Boulogne and Vigo
were boat drills held on board the m.v. "Highland Hope"?
If so, when were they held, who attended them and what procedure
was carried out?
8. When did the vessel arrive at Vigo?
9. What number of passengers and amount and description of cargo
if any were shipped at Vigo?
10. When did the vessel leave Vigo? What was the complement of
crew and number of passengers of all classes on board at that
time?
11. Were the chart room and engine room clocks corrected whilst
the vessel was at Vigo and did they agree on leaving the Port?
12. From what position did the master take his departure from
Vigo? When were the engines put full speed ahead? Were safe and
proper courses set and steered out of Vigo Bay?
13. Was the vessel's distance from Cape Silleiro Light correctly
ascertained when she was abeam of it and, steering a course S.65°W
magnetic at or about 6.53 p.m. on the 18th November, 1930? At this
time and from this position was a course set S.12°W true? If so was
that a safe and proper course and was due and proper allowance made
for tide, currents, and possible set?
14. When was Cape Silleiro Light abeam when the vessel was
steering a course S.12°W true? At this time how far distant was the
Light and were proper measures taken to ascertain and verify the
position of the vessel? What was the speed of the vessel
thereafter?
15. Was an alteration made in the course between 7.30 p.m. and
midnight of the 18th November last? If so at what time was the
course altered? What was the course then set and was it a safe and
proper course and was due and proper allowance made for tide,
currents, and possible set?
16. What instructions did the master leave in the night order
book or with the officer of the watch before retiring to his cabin
shortly after 9 p.m. on the 18th November last or whenever it was
that he did retire to his cabin? Were such instructions proper and
sufficient and were they carried out by the officers of the
ship?
17. Was the Leixões Light or the loom of it seen by Mr. J. H.
Nelson, third officer, at or about 10.20 p.m. on the 18th November
last? If so was the distance of the Light when abeam correctly
ascertained by the third officer? How far distant was the Light?
Was the Light and the ship's distance from it when abeam reported
to the master and if not should they have been reported to him?
18. At the time he was relieved at midnight of the 18-19th
November did Mr. J. H. Nelson inform the second officer who
relieved him that Cape Leixos Light had been seen at or about 10.20
p.m. or give him any particulars as to the distance at which the
Light had been passed?
19. What measures, if any, were taken during the period between
the time the vessel was abeam of Cape Silleiro Light on the evening
of the 18th November and 4 a.m. on the 19th November to verify the
position of the vessel and to ascertain whether she was making good
her course?
20. Was a light seen by the lookout man at about or shortly
before 4 a.m. on the 19th November last? If so what were the
description, bearings and distance of the light?
Was it reported by bell by the lookout man and if so was such
report acknowledged from the bridge: Was the light seen at any time
by the second officer on the bridge or any person on board other
than the lookout man?
Was the sighting of this light brought to the knowledge of the
master? What action, if any, was taken with regard to it?
21. At what time on the morning of the 19th November did the
master return to the bridge?
What was the state of the weather, position by dead reckoning,
and speed of the vessel at that time?
22. At and after 4 a.m. or the 19th November last:-
(a) What was the state of the weather?
(b) What measures, if any, were taken by obtaining
soundings or otherwise to ascertain and verify the ship's
position?
(c) Were alterations made in the course and/or speed of
the ship? If so at what time were they made, and were the
alterations made at such times, safe and proper alterations in the
circumstances?
23. Was a good and proper look-out kept on board the vessel
after 4 a.m. on the 19th November last?
24. At what time on the 19th November last and where did the
vessel strand?
25. Were the Farilhoes and/or the Burlings Island Lights being
exhibited and was the fog horn at Burlings Island being sounded
between 4 a.m. and 5 a.m. on the 19th November last?
Were the lights or either of them seen and was the fog horn
heard before the vessel struck and, if not, why not?
If the light on the Farilhoes Rocks was out of order and not
being exhibited was the fact known to the master before he left
Vigo?
26. After the vessel struck were prompt and proper orders given
and measures taken for getting out and lowering the boats for the
safety of those on board the ship?
27. What was the cause of the accident to No. 9 boat? Did any
loss of life result from it?
28. Did the master remain on board the ship until all the
passengers had left her in the boats? If so, what officers,
engineers or other persons, if any, remained with him?
29. At what time on the 19th November last did the master and
others still on board leave the ship? What was her condition at
that time, and was there reason to apprehend danger to life by
remaining any longer on board?
Was it the master's intention to return to the ship after
landing?
30. Before leaving the vessel on the 19th November last or
subsequently, did the master take any and, if so, what measures to
ensure that the log books, scrap log books, night order book,
compass deviation book and charts of the vessel, or any of them
should not be lost?
Which of these documents were saved? When, by whom, and how were
they saved. Were they all preserved?
Could the documents which were lost have been saved? How was it
that they were not saved?
31. Could any measures have been taken to prevent unauthorised
persons boarding the ship and pilfering after the master and others
had left her and gone ashore on the 19th November last?
Were any such measures taken and if not should they have been
taken?
32. Was the vessel navigated with proper and seamanlike
care?
33. What was the cause of the stranding and loss of the ship?
Were any lives lost?
34. Was the stranding and loss of the M.V. "Highland Hope"
caused by the wrongful act or default of Captain Thomas Johnson
Jones, master; Horace Hugh Thomas, chief officer; Herbert Robert
Welsh, second officer; James Horace Nelson, third officer; and
Gerald Joseph Parry, fourth officer; or any and, if so, which of
them?
Mr. Miller addressed the Court on behalf of the owners, Mr.
Haywood on behalf of the second and fourth officers, Mr. Willmer on
behalf of the chief officer and third officer, and Mr. Carpmael on
behalf of the master. Mr. Pilcher replied on behalf of the Board of
Trade. The Court delivered judgment and returned the following
answers to questions submitted by the Board of Trade:-
1. The cost of the m.v. "Highland Hope" to her owners was
£660,302 3s. 11d. Her value when she last left the United Kingdom
was £633,920 5s. 2d.
The following insurances were effected upon and in connection
with the ship:-
| | £ | s. | d. |
| Hull and machinery | 647,000 | 0 | 0 |
| Freight | 50,000 | 0 | 0 |
| Disbursements | 44,000 | 0 | 0 |
| Fuel oil | 4,60.5 | 0 | 0 |
Extraordinary disbursements
with regard to passengers | 7,306 | 0 | 0 |
| |
----------------- |
| Total | £752,911 | 0 | 0 |
| |
----------------- |
2. The chronometers of the m.v. "Highland Hope" were last
professionally rated by Messrs. Kelvin, White & Hutton at
London on the 14th November, 1930.
The results of such rating were as follows:-
Chronometer No. 13466.
Slow by Greenwich mean time, 28 seconds. Losing per day 3/10ths
second.
Chronometer No. 13401.
Slow by Greenwich mean time, 15 seconds. Losing per day 4/10ths
second.
3. The vessel had three compasses. They were in good order and
sufficient for her safe navigation. They were 'last adjusted by
Messrs. Kelvin, White & Hutton of London on the 16th April,
1930.
The master had ascertained the deviation of the compasses by
observations from time to time, but no observations were possible
during the voyage in question owing to the fact that all heavenly
bodies were obscured by overcast skies.
The errors had been correctly ascertained on previous voyages
and recorded in the compass deviation book. The master knew the
proper variation to be applied, but for deviation he had only the
records obtained on previous voyages to guide him.
4. When the m.v. "Highland Hope" last left London on or about
the 15th November, 1930:-
(a) There were on board fourteen lifeboats of Class
1A., one of which was fitted with wireless. They were carried under
sets of approved davits, as follows:-
| Position | No. of
Boats. | Capacity. | Total
Capacity. |
| Forward island | 2 | | 21 each | 42 | |
| Boat deck | 1 | | 76 | 76 | |
| do. | 7 | | 86 each | 602 | |
| After island | 2 | | 54 each | 108 | |
| Poop | 2 | | 54 each | 108 | |
| | --------- |
| | Total | 936 | |
| | ======== |
The lifeboats were in good condition and their equipment was
complete in every respect.
(b) There were on board eighteen approved lifebuoys, of
which nine were fitted with self-igniting lights and two with
twenty-fathom lines, and 843 approved standard Board of Trade life
jackets. The life jackets were stowed in conspicuous and accessible
positions in the cabins of the first and second class passengers
and under the pillows in the bunks of the emigrants' quarters and
the crew's quarters.
(c) The total number of persons employed on board in
any capacity was 139.
(d) The vessel was adequately and sufficiently
manned.
(e) There was on board a Siemen's latest type of
wireless installation for receiving and transmitting messages by
wireless telegraphy; the installation was fitted with an
auto-alarm. There was also a Siemen's wireless direction finder,
type 1094.
Two operators were employed on working these installations. The
installations were in good and effective order.
5. The m.v. "Highland Hope" held a passenger certificate and was
so provided as to comply with all the requirements of the Merchant
Shipping (Life Saving Appliances) Rules dated 6th August, 1924.
6.-(a) Boat station lists were placed in prominent
positions in the quarters of the crew for their information. In
each of the first and second class cabins was hung a-printed card
showing the number of the boat to which the occupants of the cabin
were allotted. In the emigrants' quarters boat lists were exhibited
in a prominent position, but on the voyage in question this had not
been done at the time of the casualty as the emigrants had been
embarked only the night before at Vigo.
(b) Instructions where to obtain life jackets and how
to put them on were posted in the passengers' cabins and the
emigrants' quarters. These instructions were printed in English,
Spanish, Portuguese, French and Polish and were illustrated to show
the fitting of the life jackets. Instructions were also given at
boat drills.
7. Boat drills were held on board the m.v. "Highland Hope"
before leaving London and on the way to Boulogne.
The first boat drill was held at Gravesend on the 15th November,
1930. It was attended by all the officers and crew available; all
hands were sent to boat stations. Six boats were swung out, but not
lowered.
The second boat drill was held when proceeding down the Channel
at 11 a.m. on the 16th November. All the crew available were
mustered at their boat stations. The passengers were invited to
attend, but not more than 30 did so.
8. At 5.59 a.m. on the 18th November, 1930.
9. 217 emigrants were embarked and about 400 tons of general
cargo, mostly fresh fish and chestnuts, were shipped at Vigo.
10. The vessel left Vigo at about 6 p.m. on the 18th November,
1930. Her complement was then: crew 154, passengers 157, and
emigrants 217.
11. The evidence does not enable the Court to answer this
question with precision. It was the practice to synchronize the
chart-room and engine-room clocks at noon each day and on leaving
port. There was not more than two minutes difference between the
two clocks at any material time.
12. The master set a course S.65°W. magnetic from a position
approximately midway between the Brasileira and Borneira beacons.
The engines were put full speed ahead at 6.1 p.m. Safe and proper
courses were steered out of Vigo Bay until the vessel was abeam of
Cape Silleiro on the course S.65°W. magnetic.
13. The vessel's distance from Cape Silleiro Light as
ascertained was approximately correct when she was abeam of it and
steering a course S.65°W. magnetic at or about 6.53 p.m. on the
18th November, 1930.
At this time and from this position a course was set S.25°W. by
compass which the master calculated to be S.12°W. true. The Court
however, is of opinion that the course set was owing to excess of
easterly deviation allowed nearer S.11°W. true. No allowance was
made for tide, currents, and/or possible set.
14. There is no evidence to enable the Court to fix with
certainty the time at which Cape Silleiro Light was abeam when the
vessel was on the course S.25°W. by compass, but it was probably
about 7 p.m.
At this time the Light was distant approximately two and a half
miles. No measures were taken to ascertain and verify the position
of the vessel at this time.
The speed of the vessel thereafter was full speed. viz., about
16.2 knots, until 4.45 a.m.
15. An alteration in the course was made between 7.30 p.m. and
midnight on the 18th November; 1930. The evidence is conflicting as
to the exact time when this alteration was made; in the opinion of
the Court it was a good deal earlier than 9 p.m., the time given by
the master and the third officer. The course then set was S.24°W.
which the master calculated to be S.11°W. true, but which in the
opinion of the Court was nearer S.10°W. true owing to excessive
easterly deviation allowed. This was not a safe and proper course.
No allowance was made for tide, currents, and/or possible set.
16. The instructions left by the master on the pad used for
night orders were as follows:-
"Course S.24°W. Call me when the log registers 157 or before if
necessary."
In the opinion of the Court such instructions were proper and
sufficient.
17. The Court is of opinion that not merely the loom hut the
Leixões Light itself, was seen by Mr. J. H. Nelson, the third
officer, at 10.18 p.m., possibly through haze. The distance of the
light when abeam as ascertained by the third officer by means of a
running fix was 19 miles. In the opinion of the Court this was
approximately correct within a mile. The Light and the ship's
distance from it when abeam were not reported verbally to the
master. An entry of the vessel's position and distance from the
Light at 10.18 p.m. was made in the deck scraplog and plotted on
the chart. These facts should also have been reported verbally to
the master by Mr. H. R. Welsh, the second officer when the former
came on the bridge shortly after 4.13 a.m. on the 19th
November.
18. At the time when he was relieved at midnight of the
18th/19th November Mr. J. H. Nelson, the third officer, did inform
the second officer who relieved him that Cape Leixões Light had
been seen by him at a distance of 19 miles abeam at 10.18 p.m.
19. Apart from the bearings of Leixões Light taken by Mr. J. H.
Nelson, the third officer, and the reading of the log at 8 p.m. and
at midnight no measures were taken during the period between the
time the vessel was abeam of Cape Silleiro Light on the evening of
the 18th November and 4 a.m. on the 19th November to verify the
position of the vessel or to ascertain whether she was making good
her course.
20. A light was seen by Brown the look-out man shortly before 4
a.m. on the 19th November. The light was said by Brown to have been
of a yellowish colour and to have shown up roughly about a point on
the port bow. It was a long way off and was only seen
momentarily.
The light was reported by bell by the look-out man but the
report was not acknowledged from the bridge.
The light was not seen at any time by the second officer on the
bridge or by any person on board other than the look-out man.
The sighting of the light was brought to the knowledge of the
master; no action was taken with regard to it, except that
inquiries were made of the look-out man who relieved Brown and who
stated that he had seen no light since he came on look-out.
21. The master returned to the Bridge on the morning of the 19th
November, shortly after 4.13 a.m.
The weather at that time was foggy. The position by dead
reckoning had been last ascertained at 4 a.m., when the patent log
reading was stated to have been 144.8 miles, a figure which the
Court does not accept as the distance run. The speed of the vessel
was "full ahead" with the engine-room telegraph at "Stand by."
22.-(a) At 4 a.m. the weather was fairly clear but
inclined to be misty, with haze or cloud over the land. Shortly
after 4 a.m. a heavy bank of fog was rolling up on the starboard
bow. From 4.15 a.m. onwards the vessel was enveloped in fog.
(b) No measures of any kind were taken to ascertain or
verify the ship's position at or after 4 a.m. other than the
reading of the patent log at 4 a.m. referred to in the previous
answer.
(c) No alteration was made in the ship's course, except
that the helm was put hard-a-port to avoid some fishing vessels
whose flares had been sighted on the port bow. This occurred
shortly before the ship struck. The ship was being steadied on her
course in accordance with the master's order to resume course when
she struck. The speed of the ship was altered as follows:-
4.13 a.m. Stand by.
4.45 a.m. Half speed.
4.47 a.m. Slow.
4.57 a.m. Dead slow.
4.57½ a.m. Port engine full speed ahead.
4.58 a.m. Slow ahead.
4.59 a.m. Stop.
23. Yes.
24. The vessel stranded on the North-East Farilhoes Rocks at
about 4.58 a.m. on the 19th November, 1930.
25. The Farilhoes Light was not being exhibited between 4 a.m.
and 5 a.m. on the 19th November. This Light was out of order, and
the fact that it was out of order and not being exhibited was known
to the master before he left Vigo.
The Burlings Island Light was being exhibited and the fog horn
at Burlings Island was being sounded between the hours mentioned.
The light seen and reported by Brown, the look-out man, shortly
before 4 a.m. may have been the Burlings Island Light, but the
evidence does not enable the Court to do more than hazard an
opinion as to this. The Burlings Island Light was not seen between
4 a.m. and 5 a.m. nor was the fog-horn heard. The Burlings Island
Light was not seen because it was obscured by fog. The Court is
unable to say why the fog-horn was not heard.
26. Yes.
27. While No. 9 boat was being lowered a heavy and unexpected
lurching of the ship caused the boat to foul the ship's side, with
the result that the boat was listed, throwing several of the
occupants into the sea. No loss of life resulted from this
accident.
28. The master remained on board the ship with the chief
officer, the chief engineer and the carpenter until all the
passengers had left her in the boats, except two, who were
apparently unaware that the ship had struck. These two passengers
were ordered by the master into a boat which had returned to the
ship, and the master, the two officers mentioned and the carpenter
left in the same boat, the master being the last to leave the
ship.
29. The master and others still on board left the ship at about
7 a.m. on the 19th November. The condition of the ship at that time
was that she was badly holed in the after part. She was dry in the
forward bilges, in the engine-room and in No. 6 hold, but there was
between 9 and 11 feet of water in Nos. 4 and 5 holds. The sounding
pipes were being forced up through the deck and there were signs
that the mainmast was being forced up also. The ship was lurching
violently at intervals from side to side. In the opinion of the
Court there was reason to apprehend danger to life by remaining
longer on board.
It was the master's intention to return to the ship after
landing.
30. Before leaving the vessel on the 19th November the master
took no measures to ensure that the log-books, scrap log-books,
night order book, compass deviation book and charts of the vessel
or any of them should not be lost. Subsequently, the master gave
instructions to Mr. H. H. Thomas, the chief officer, to get the
chief officer's log-book.
The documents saved were the chief officer's log, the deck scrap
log, the engine-room scrap log, the compass deviation book and the
two charts of the coast of Portugal. All of these, except the
engine-room scrap log, were brought off the vessel by the chief
officer on the 20th November. The engine-room scrap log was brought
on deck after the vessel stranded by the second engineer, Mr. G.
Johnstone, and handed by him to the chief engineer. It was brought
ashore by the fourth engineer in one of the lifeboats. Mr.
Johnstone subsequently took charge of it and brought it home. All
of the documents saved were preserved, except the deck scrap log,
which was subsequently destroyed by the chief officer.
The documents which were lost could have been saved if orders
had been given to save them before the master left the vessel on
the 19th November. They were not saved because no orders were then
given.
31. Measures could have been taken to prevent unauthorised
persons going on board and pilfering after the master and others
had left the ship and gone ashore on the 19th November.
No such measures were taken. In the opinion of the Court
measures should have been taken.
32. The vessel was not navigated with proper and seamanlike
care.
33. The stranding and loss of the ship was due to a combination
of causes, namely:-
(1) Failure to establish a definite point of departure off Cape
Silleiro.
(2) Setting an unsafe and improper course.
(3) Failure to take prudent and seamanlike action when
approaching the land in foggy weather, especially neglecting the
use of the lead.
No lives were lost from the ship, but one of the emigrants was
injured and subsequently died in hospital at Lisbon.
34. The stranding and loss of the m.v. "Highland Hope" was
caused by the default of Captain Thomas Johnson Jones, master, and
not by the wrongful act or default of Horace Hugh Thomas, chief
officer, Herbert Robert Welsh, second officer, James Horace Nelson,
third officer, or Gerald Joseph Parry, fourth officer.
JOHN H. HARRIS, Judge.
We concur,
| | PERCY F. W. BLAKE.
FRED J. THOMPSON.
JOHN McLAREN. | Assessors. |
(Issued by the Board of Trade in London
on Tuesday, the 24th day of March, 1931.)
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