FOR OFFICIAL USE
[Crown Copyright Reserved.]
(No. 7893)
"ARUNDALE" (s.s.).
THE MERCHANT SHIPPING ACT, 1894.
REPORT OF COURT.
In the matter of a Formal Investigation held at the Royal Courts
of Justice, Strand, W.C.2, on the 26th day of June and the 5th day
of July, 1933, before Morgan Phillips Griffith-Jones, Esq., O.B.E.,
one of the Magistrates of the Police Courts of the Metropolis,
assisted by Capt. W. H. Parker, C.B.E., R.D., R.N.R., F.R.G.S., and
Capt. P. F. W. Blake, M.B.E., F.R.A.S., into the circumstances
attending the stranding and subsequent loss of the s.s. "Arundale"
of the Port of London, official number 129084, on the Isabel Bank,
near Ceuta, on the 26th March, 1933.
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 before-mentioned
shipping casualty was caused by the default of the master, Lawrence
Richard Mason. The Court was impressed by the frank nature of his
admissions and by the exceedingly able defence conducted for him by
his counsel, Mr. Billam, but having regard to all the facts, the
Court is unable to come to any conclusion other than that the
master neglected to take proper precautions against possible
disaster and approached the Port of Ceuta in a most unseamanlike
way. The Court finds the master solely in default and orders that
his certificate of competency as master be suspended for six
calendar months from this date. Having regard, however, to the
previous excellent record of this officer, the Court recommends
that he be granted a first mate's certificate in the interim.
Dated this 5th day of July, 1933.
M. P. GRIFFITH-JONES, Judge.
We concur in the above Report.
| | PERCY F. W. BLAKE,
W. H. PARKER, | Assessors. |
Annex to the Report.
This Inquiry was held at the Royal Courts of Justice, Strand,
London, W.C.2, on the 26th day of June, 1933, and the 5th day of
July, 1933, before Morgan Phillips Griffith-Jones, Esq., O.B.E.,
one of the Magistrates of the Police Courts of the Metropolis,
assisted by Captain W. H. Parker, C.B.E., R.D., R.N.R., F.R.G.S.,
and Captain P. F. W. Blake, M.B.E., F.R.A.S., as Assessors. The
object of the Inquiry was to ascertain the circumstances attending
the stranding and subsequent total loss of the s.s. "Arundale," on
the Isabel Bank to the North of Ceuta, on the 26th March, 1933. Mr.
G. St. Clair Pilcher (instructed by the Solicitor to the Board of
Trade) appeared for the Board of Trade. The only other party to the
Inquiry was the master, Lawrence Richard Mason, who was represented
by Mr. George E. D. Billam (instructed by Messrs. G. F. Hudson
Matthews and Co.). Mr. Billam also held a watching brief in the
interests of the third officer, George Edward Mills, Sub-Lieutenant
R.N.R. Mr. H. L. Holman (instructed by Messrs. Holman Fenwick and
Willan) appeared on behalf of the owners and the registered
manager. Mr. Billam admitted on behalf of the master the receipt of
the requisite notice of the Inquiry as required by the Shipping
Casualties and Appeals and Re-Hearing Rules, 1923, dated 4th May,
1923 (S.R. and O., 1923, No. 752/L.9).
The s.s. "Arundale," official number 129084, was registered at
the Port of London. She was built in 1910 by Messrs. Richardson,
Duck and Co. at Stockton-on-Tees?? She was a steel ship, schooner
rigged, clinker built, with one deck. Her dimensions were: length
831.2 feet, breadth 47.5 feet, depth 23.95 feet. Her tonnage was
2856.57 gross, 1778.68 net. She was fitted with five bulkheads and
seven water ballast tanks of a capacity of 1028 tons and one set of
triple expansion direct acting vertical inverted engines and two
cylindrical multitubular steel boilers made by Messrs. Blair and
Co., Ltd., of Stockton-on-Tees. She had a speed of 9 knots with
N.H.P. 292.
She was originally the "Lundy," but her name was changed to
"Antonio" in 1918, to "Augusta Halenke" in 1919 and to "Arundale"
on the 23rd March, 1923, when she was acquired by the Arundale S.S.
Co., Ltd., of 1, Leadenhall Street, London, E.C. She was fitted
with wireless-telegraphy apparatus and had all the usual
life-saving apparatus for a ship of her class, and was in all
respects a well found ship. She had two Kelvin compasses, one on
the upper bridge and one in the wheelhouse, both of which were in
good order. The deviations of each were known and recorded in the
book kept for that purpose.
The cost of the "Arundale" to her owners in 1923 was £24,750 and
since that date they had spent upon her the sum of £21,800 in
upkeep and repairs. At the time of her loss she was insured in
respect of hull and machinery for £15,000, the premiums reducing
were insured for £2,500 and the balance of freight for £1,646. Her
value at the time of her loss was said to be about £5,000, but the
discrepancy between her insured and present day market values can
be accounted for by the depreciated value of shipping ruling at the
present time, and the Court attaches no importance to it. The
registered managing owner was Mr. Alfred Josiah King, of 1,
Leadenhall Street, London, E.C.
The "Arundale" was lost whilst on a voyage from Constanza to
Hamburg with a cargo of 4,792 tons of maize in bulk. She left
Constanza on the 14th March, 1933, with a crew of 27 hands all
told. Her draught on leaving was 20 feet 1 inch forward and 21 feet
1 inch aft.
On the morning of the 26th March, 1933, the vessel was ordered
into Ceuta by wireless for bunkers and at 11.8 a.m. on that day her
position was obtained by cross bearings which placed her in
latitude 35.58½' N. and longitude 5°15½' W., that is about 5 miles,
N.34°E. true, from the outer anchorage at Ceuta. She was then on a
course south 40° west by compass, the deviation being 1° east and
the magnetic variation 12° west; the total error thus being 11°
west. Her speed was full, about 8 knots; the third mate was on the
bridge; the weather was clear and the entrance to Ceuta Harbour was
visible, the wind being westerly, force 4, with a moderate westerly
sea. After the position of the vessel had been obtained at 11.8
a.m. her course was altered from south 40° west to south 45° west,
by compass, and thereafter a series of alterations were made in the
course, to wit:-
at 11.18 a.m. to south 50° west:
at 11.25 a.m. to south 55° west:
at 11.40 a.m. to south 60° west:
until at 11.46 a.m., or thereabouts the vessel stranded on the
Isabel Bank situated 1¾ cables north of the Santa Catalina Rocks
near the entrance to Ceuta Harbour in latitude 35° 54½' north and
longitude 5° 17¾' west. The Santa Catalina Rocks are visible at all
states of the tide. It was broad daylight and clear, the sun was
shining and the master alone was on the bridge. He had gone on the
bridge at 11.10 a.m. and sent the third officer below to get a meal
and from 11.10 a.m. the master remained in sole charge until the
stranding.
After she stranded the engines were worked first ahead and then
astern in an endeavour to get her off, but these efforts were vain
and the master obtained wireless communication with Gibraltar, and
by 1.0 p.m. on the same day, a little more than an hour after the
stranding, a Dutch tug, the "Ebro," which had happened to be in
Ceuta Harbour, came to the assistance of the "Arundale" and
attempted to tow her off the bank. It was ascertained that she was
making water in her after hold but her engine room and forward hold
were dry. The "Ebro" was unable to get her off and on the following
day a salvage vessel the "Gier" arrived from Gibraltar. On that day
and succeeding days about 580 tons of the vessel's cargo of maize
were safely discharged but the weather soon became worse and on the
1st April most of the crew were compelled to leave, and on the 2nd
April the master was ordered to leave by the Captain of the Port on
account of her precarious position. On the 4th April, 1933, the
"Arundale" broke her back and became a total wreck.
The master of the "Arundale" was Lawrence Richard Mason who held
an ordinary master's certificate, No. 030882, granted to him in
1903. He had served in this vessel successively as third, second
and chief officer and had been appointed master in November, 1932,
two days before the vessel sailed from Cardiff. He appears to have
had the complete confidence of his owners and to have given them
every satisfaction, and the navigation of the vessel prior to the
26th March, 1933, appears to have been well conducted. The log
books and deviation books had been well kept.
The master, when he went on the bridge on the 26th March, 1933,
at 11.10 a.m., was acquainted by the third officer of the position
which that officer had obtained by cross bearings and sextant angle
at 11.8 a.m., and the master accepted that position as correct. The
Court has no reason to think that the position thus found by the
third officer was not correct. Sending the third officer below to
get a meal the master took over sole charge of the vessel. His
reasons for so doing were quite proper and to his credit. His chief
officer had been seriously injured on board by a heavy sea some
days before and his condition had caused the master some anxiety.
The chief officer had only that morning become in any way fit for
duty and as he would be required, together with the third officer,
to assist when the vessel entered the port the master did not wish
to overwork him, and he also desired that before commencing such
duty the third officer should have a necessary meal and he sent him
below for that purpose.
Thereafter according to his evidence the master navigated his
vessel by eye alone. He did not take any further cross bearings nor
did he avail himself of the chart which was in the chartroom. He
had been into Ceuta before and according to his own statement felt
quite capable of reaching port in safety without any of the usual
aids to navigation. He was aware of the existence of the Isabel
Bank and of its position. The course upon which the vessel was set
from 11.8 a.m. would have taken her about ½ mile to the westward of
this bank had there been no currents. Had the master chosen to
consult his chart he would have there found full information of the
existence of various currents in this locality at all states of the
tide. The master was aware of an easterly set from positions fixed
by cross bearings prior to 11.8 a.m. to wit, at 10.0 a.m. and at
10.48 a.m. These positions had all been accurately laid off on the
chart by the third officer. To counteract this easterly set the
master made three alterations of course of 5 degrees each to the
westward, the last one being at 11.40 a.m., the vessels course then
being south 60° west by compass.
The master had all this time been estimating his distance from
the shore by visual judgment only. The Santa Catalina Rocks were
clearly visible and Ponta Almina Lighthouse (height 484 feet above
sea level), which, at about 11.40 a.m. would only be about 9 cables
distant from the ship, must have been clear to his view. The vessel
struck the Isabel Bank at 11.46 a.m., and the master said that just
prior to the stranding he estimated that the Santa Catalina Rocks
were about ½ mile distant. In fact these rocks are only about a
cable's distance from the Isabel Bank upon which the vessel struck.
It is evident that the master's estimate of distance was incorrect
and he attributed this error in the judging of distance to the
effect of the strong light over the hills. He was stationed on the
port side of the bridge all the time and said that just prior to
the stranding the vessel set suddenly to the eastward and that
after she struck, looking over the side, he saw a tide rip of speed
approximately 5 to 6 knots, running past the ship. This may have
been the case for without doubt the effect of the current on the
stranded vessel was to swing her round some eighty-five degrees to
the eastward, but the Court is not satisfied that any abnormal
action of this current was the cause of the loss.
The master had approached the port in a most unseamanlike
manner. Against an easterly set, of which he was well aware, he had
not taken the most elementary precautions against possible
disaster, and the fact that he found himself in difficulty at this
dangerous place was due solely to his neglect of these precautions.
He was a man of experience, and although he did make three slight
alterations of course to counteract the effect of the current of
which he was well aware his general conduct was not that of a
prudent navigator.
The following are the questions put to the Court by Mr. Pilcher
on behalf of the Board of Trade and the Court's answers
thereto:-
1. Q. Who were the registered owners of the s.s. "Arundale"? Who
was her registered manager?- A. The owners were the Arundale S.S.
Co., Ltd., of 1, Leadenhall Street, London, E.C., and the
registered manager was Mr. Alfred Josiah King.
2. Q. What was the purchase price of the vessel to her owners in
March, 1923?-A. £24,750.
3. Q. What amount of money was spent on the vessel thereafter
for classification, repairs, additions and alterations?-A.
£21,800.
4. Q. What was the value of and what insurances were effected
upon and in connection with the vessel at the time of her loss?-A.
Her value was £5,000, her hull and machinery were insured for
£15,000. Other insurances were, premiums reducing £2,500 and
balance of freight £1,646.
5. Q. Was the vessel in good and seaworthy condition in all
respects when she left Constanza on her final voyage?-A. Yes.
6. Q. What compasses were there on board the vessel and where
were they situated?-A. She was fitted with two Kelvin compasses,
one on the upper bridge and one in the wheelhouse.
7. Q. When and by whom were they last professionally adjusted?
Were deviation cards supplied to the vessel by the compass
adjuster?-A. On the 13th August, 1932, by Messrs. T. L. Ainsley,
Ltd., of South Shields. Deviation cards were supplied.
8. Q. Were deviation books kept on board the vessel? If so did
the master know the proper corrections to be applied to the
compasses and did he apply them?-A. Yes.
9. Q. What was the position of the vessel at 11.8 a.m. on
Sunday, the 26th March, 1933?-A. Latitude 35° 58½' N. and longitude
5° 15½' W.
10. Q. What were the conditions of (a) weather;
(b) visibility; (c) tide at 11.8 a.m. on the 26th
March, 1933?-A. Weather was fine with a westerly wind, force 4,
with good visibility. The tide was on the flood, 2 hours before
high water at Gibraltar.
11. Q. What were the course and speed of the vessel at 11.8 a.m.
on the 26th March, 1933? Were any, and if so what, alterations made
in the course and speed of the vessel between 11.8 a.m. on the 26th
March, 1933, and the time when the vessel stranded? If so, what
were the alterations and were they sufficient and proper?-A. Her
course was S. 45° W. (compass) and her speed 8 knots. There was no
alteration in speed but her course was altered three times, to wit,
at 11.18 a.m. to S. 50° W. (compass), at 11.25 a.m. to S. 55° W.
(compass), and at 11.40 a.m. to S. 60° W. (compass). No alteration
was necessary in the speed and the alterations of course, although
proper, were quite insufficient.
12. Q. If alterations were made in the course of the vessel why
were they made?-A. They were made on account of the vessel being
set to the eastward.
13. Q. Were sufficient cross bearings taken to fix the position
of the vessel between 11 a.m. on the 26th March, 1933, and the time
when she stranded?- A. No.
14. Q. Was the position of the vessel accurately fixed between
11 a.m. on the 26th March, 1933, and the time when she stranded? If
so, on how many occasions was it fixed and at what times?-A. The
vessel's position was accurately fixed at 11.8 a.m. on the 26th
March, 1933, but no positions were fixed thereafter until the
stranding.
15. Q. Was the "Arundale" navigated with proper and seamanlike
care?-A. Yes, up to 11.8 a.m. on the 26th March, 1933, but not
thereafter.
16. Q. When and where did the "Arundale" strand?-A. The s.s.
"Arundale" stranded at 11.46 a.m. on the 26th March, 1933, on the
Isabel Bank to the north of Ceuta in latitude 35° 54½' N. and
longitude 5° 17½' W.
17. Q. Were the stranding and subsequent total loss of the s.s.
"Arundale" caused by or contributed to by the wrongful act or
default of Lawrence Richard Mason, the master?-A. The Court is
forced to the conclusion that the loss of the s.s. "Arundale" was
caused and contributed to by the default of the master, Lawrence
Richard Mason, in that he neglected to take proper precautions
against possible disaster and approached the Port of Ceuta in a
most unseamanlike manner.
M. P. GRIFFITH-JONES, Judge.
| | PERCY F. W. BLAKE,
W. H. PARKER, | Assessors. |
(Issued by the Board of Trade in London
on Friday, the 28th day of July, 1933.)
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