THE MERCHANT SHIPPING ACT, 1894.
REPORT OF COURT.
(S.402).
In the matter of a Formal Investigation held at The Town Hall,
Fleetwood on the * 1st, 2nd and 7th days of April,
1942 before F.A. Sellers Esq., K.C. assisted by Captain D.M.
Bremner, Captain C.A. Wilson and W. Addy Esq., D.S.C. into the
circumstances attending the stranding of the steam-trawler
"NORDALE" at Carskey on the south side of the Peninsula of KINTYRE
on the 15th January, 1942 and the subsequent loss of life.
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 ? skipper Harold Wood is not to
blame for the said casualty; that the stranding of the steam
trawler "NORDALE" was caused by the negligence and default of her
mate, Jack Powell and suspends his certificate for a period of nine
months.
Dated this seventh day of April, 1942.
We (or I) concur in the above Report.
| | D. M. Bremner. | Assessor. |
| | C. A. Wilson. | Assessor. |
| | W. Addy. | Assessor. |
ANNEXE TO THE REPORT.
This Inquiry was held at the Town Hall, Fleetwood, on the 1st,
2nd and 7th days of April, 1942. Mr. E.M. Parsey, appeared for the
Treasury Solicitor, Ministry of War Transport. Mr. Harold Wood,
Skipper, and Mr. Jack Powell, Mate of the s.t. "NORDALE" were made
parties to the Inquiry and appeared in person.
The "NORDALE" official number 116117 was a single screw steam
trawler owned by the Boston Deep Sea Fishing and Ice Co., Ltd. of
Fleetwood, and Mr. Basil Arthur Parkes was the person designated to
whom the management of the vessel was entrusted by the owners. She
was built at Beverley in 1903 by Cook, Welton and Gemmell and was
181.25 gross, 70.92 nett tonnage, 109 feet long, 21.5 feet breadth
with triple expansion engines of 45 h.p. Nominal.
The "NORDALE" left Fleetwood about 12.30 p.m. on the 14th
January, 1942, with routeing instructions for a voyage to the
southward for fishing off Bantry Bay. For reasons which need not be
here stated the Skipper decided, after leaving port, to go
northward to the Donegal Fishing Grounds, for which he had no
routeing instructions. These facts emerged in the course of the
Inquiry but the Court expresses no opinion on the Skipper's
departure from his routeing instructions and does not take the
matter in any way into consideration as it is only incidental to
this Inquiry and is not a matter with which this Court is asked or
empowered to deal.
A course was made to the Morecambe Bay Lightship and from there
to the Calf of Man Light which was passed about 9.30 p.m. at a
distance of about 3 miles. The course was then altered to N.N.W.
magnetic with the intention of picking up the South Rock Light.
From leaving Fleetwood until 10 p.m. the Skipper was on the bridge
and as he had been informed by the previous Skipper and the Mate
that they had some doubt about the Compass he wanted to see how the
vessel was running by compass and log. He fetched the Calf of Man
and the South Rock Lights as he expected and satisfied himself
about the compass but found that the vessel was underrunning her
log owing to the ebbtide. The compass was an overhead one situated
in the wheelhouse. It had been adjusted on the 21st August, 1941,
for the second time after repairs and additions had been made to
the vessel and particularly her bridge. On this adjustment a
deviation card had been supplied but on this voyage it was found in
a dirty and almost unreadable condition and was of no greater
assistance than that from the Mate's recollection of the card and
what could then be read no deviation seemed to be very great. It
may be that the compass was not quite accurate but the Court is
satisfied that the casualty in this case cannot be said to have
been caused or contributed to by any defect in the compass.
It is, however, a matter of comment that only one compass was
provided and that although the Registered Manager was called he did
not inform the Court that it had been erroneously stated and
accepted throughout the greater part of the Inquiry that there were
two compasses in the wheelhouse.
The Assessors draw attention to the fact that it is not possible
to take accurate bearings with the one overhead compass provided
and that there should unquestionably have been a standard compass
provided for the general purposes of navigation and in such a
position that all round bearings could be taken.
There was further no proper care taken of the deviation card.
Such cards should always be enclosed in a frame to keep them in
clean condition, should be placed in a recognised position, and
should be, on a change of Skipper, formally handed over with all
life saving equipment, charts etc. to the incoming Skipper.
At 12.30 a.m. on the 15th January the Skipper returned to the
bridge. The "NORDALE" was then abreast of the South Rock Light
which bore W magnetic. She was making about 8 knots. The course was
altered to N. Mag. to take her up to the Copeland Light. There was
a strong wind from the S.E. and some tide from the N.W. At 2.15
a.m. the Copeland Light was about abreast and was roughly estimated
at 3 miles off at the outside. The northerly course was maintained
until the Black Head (Irish) Light was abeam and bearing W.
Magnetic at about 2.50 a.m. The Skipper who had gone below was
called to the bridge and then ordered the course of N.N.W. with the
intention of taking the vessel up the North Channel to pick up the
East Rathlin Light on Altacarry Head.
There was a complete failure to ascertain the position of the
"NORDALE" before setting this course although with the shore lights
on the Irish side, notwithstanding the absence of a standard
compass, there would have been no difficulty in doing so in this
case with reasonable accuracy with the additional aid of soundings,
and the chart. The mate estimated Black Head to be from four to
five miles distant. The Skipper took a sounding and getting fifty
fathoms estimated the distance at six miles. A similar uncertainty
as to position arose in passing the Maidens which Light was W.
Magnetic about 4 a.m. but the Court sees no reason to reject the
skipper's rough estimate of 3 miles distant. At that distance or
even at a greater distance up to 6 or 7 miles the course set was a
proper one. It allowed half a point W. for flood tide. The Skipper
took a sounding when abreast the Maidens and found 70 fathoms and
this together with the light appearing high out of the water led
him to this estimated distance of 3 miles.
At 4.30 a.m. the Skipper went below. He gave the mate orders to
call him when the East Rathlin Light was observed or if the Light
was not earlier seen at 6.30 a.m. The distance from the Maidens to
Rathlin is about 28 miles and the Skipper expected the Rathlin
Light to be picked up within two hours. He left on the bridge the
mate, Jack Powell, an experienced deckhand, R.G. Bessey, and a
half-deckhand, Norman Grisenthwaite, aged 17. What happened on the
bridge of the "NORDALE" from that time onwards is obscure.
The wind was freshening and reached force 8 from the S.E. The
tide was flood from the N.W. and there was a heavy sea. The mate
and Bessey took turns at the wheel. Between 4.45 a.m. and 5.45 a.m.
there was heavy rain. The mate stated that shortly before 5 a.m. he
went two points to port for an approaching vessel but as that
vessel acted he almost immediately came back on to his course.
At 5.30 a.m. the mate took over the wheel and shortly afterwards
Bessey left the bridge and did not return. The boy, Grisenthwaite
was inexperienced but was left the only look-out. At about 5.25
a.m. the mate took a sounding and got 60 fathoms. Some fifteen
minutes later, Bessey, before leaving the bridge, took a sounding
and reported 53 fathoms. No further soundings were taken.
At 6 a.m. the boy was sent from the bridge to read the log which
had been re-set at the Maidens. He returned in a few minutes and
reported 16 miles on the log. The "NORDALE" was proceeding at full
speed of about 8 knots when at 6.20 a.m. she struck the Carskey
Rocks on the south of the Peninsula of Kintyre. She bumped once
violently, then two more bumps and she pulled up and settled
firmly.
The Sanda Light had been exhibited at reduced power from 4.21
p.m. on the 14th January continuously up to the time of the
"NORDALE" stranding and she must have had that light visible to her
as she approached the South Coast of Kintyre.
After the stranding it was found the ship's head was North with
the high cliff of the Coast some hundred yards ahead. Heavy seas
were breaking over the vessel. All hands were ordered to put on
lifebelts. An attempt to lower the life boat failed owing to the
heavy seas. The Skipper took all the crew to the bow from which
during the morning a fireman, J. O'Kane was lowered by a rope and
succeeded in getting ashore, climbing the cliff and eventually
obtaining assistance for the rescue of those on board. This was a
fine and courageous feat and the Court was pleased to learn that it
had been recognised by an award to O'Kane.
Unfortunately owing to exposure and fatigue or through being
swept away by the seas the following five members of the crew lost
their lives out of a total crew of 13. The remainder were saved by
breeches buoy during the afternoon, with the exception of O'Kane
who had himself made his way ashore.
| | J. Murray, Cook. |
| | R.G. Bessey, Deckhand. |
| | C. George, Deckhand. |
| | P. Doyle, Second Engineer. |
| | G. Shoesmith, Deck-boy. |
The Court has no hesitation in attributing this serious and
inexcusable casualty to the negligence of the mate, Jack Powell,
who from 4.30 a.m. to the stranding failed to see that the course
N.N.W. Mag. was steered either by himself or the deckhand Bessey.
He failed to keep a proper look-out and failed to keep Bessey on
the bridge so that an efficient look-out man should be on duty. The
mate gave no explanation why the Sanda Light was not seen nor any
acceptable explanation of why the vessel was so much off her
course. He also failed to make a proper and intelligent use of the
sounding apparatus provided. The Court does not find that the
stranding and subsequent loss of life were caused or contributed to
by the wrongful act or default of the Skipper. The Court, however,
draws attention once again to the importance of regarding and not
disregarding as are, it is believed, so often disregarded in
trawlers, the elementary principles of navigation.
The Skipper guessed or roughly estimated his position before
setting the "NORDALE" on the N.N.W. course when he could and should
have ascertained his exact position by cross bearings on the shore
lights which were visible. Both the Skipper and the mate failed to
make proper use of the Marconi Echometer with which the vessel was
equipped. Isolated soundings only were taken when a short chain of
soundings could and should have been taken and then reference made
to the chart for comparison and so the position of the vessel could
have been ascertained or checked. Particularly was this so in the
case of the mate who ought to have known from the chart that in the
North Channel he should have found about 70 fathoms or more but on
obtaining 60 fathoms and then 53 fathoms he did nothing more. The
Court would emphasize the importance of an accurate fixing of the
vessel's position whenever possible, of full use being made of the
valuable Sounding Machine now normally provided and of reference to
the Charts provided for the purposes of safe navigation.
It appeared in the course of the hearing that it was customary
in this trawler, and the Skipper stated in other trawlers, for the
vessel to navigate with her sidelights inboard with the result that
the sidelights showed as much as a point over the opposite bow and
also shone into the sides of the wheelhouse making look-out more
difficult. Any such practice is obviously to be condemned and
should cease forthwith.
Once the "NORDALE" had stranded the Court is satisfied that
nothing more could have been done to save the lives so regrettably
lost.
QUESTIONS AND ANSWERS.
The Court's answers to the Questions submitted by the Ministry
of War Trensport are as follows:-
s.t. "NORDALE".
Q.1. Who were the owners of the s.t. "NORDALE" when the vessel
left Fleetwood on the 14th day of January, 1942. Was she in good
and seaworthy condition?
A. The owners of the Steam Trawler "NORDALE" were the Boston
Deep Sea Fishing and Ice Co., Ltd. of Fleetwood. The "NORDALE" was
in good and seaworthy condition.
Q.2. With how many compasses was the vessel fitted and where
were they situated? When were they last professionally adjusted?
Was the correct deviation to be applied to them known to those on
board?
A. The vessel was fitted with only one compass which was
situated overhead in the wheelhouse. It was last professionally
adjusted on the 21st August, 1941, when a correct deviation card
was supplied to the vessel but on the voyage in question this card
was found to be dirty and almost unreadable.
Q.3. With what charts was the vessel supplied for the
voyage?
A. The necessary fishing charts.
Q.4. Was the light from The Maidens seen and identified by
anyone, and if so, who, on board?
A. The light from The Maidens was seen and identified by the
Skipper Harold Wood and the mate, Jack Powell.
Q.5. At what time was the vessel abreast The Maidens, and at
that time how far off The Maidens was she?
A. About 4 a.m. on the 15th January, 1942. The distance the
"NORDALE" was from The Maidens was not accurately ascertained. The
Court prefers the Skipper's rough estimate of 3 miles to the Mate's
suggestion of 8 or 9 miles.
Q.6. What course was set from The Maidens?
A. N.N.W. Magnetic.
Q.7. When setting the course, was proper allowance made for tide
and currents?
A. Yes. The Skipper allowed half a point W. for flood tide which
was proper.
Q.8. Were any, and if so, what, alterations made in the vessel's
course between the time when she left The Maidens and the time when
she stranded? Were the courses set the proper courses to set in all
the circumstances? Were such courses steered?
A. The course of N.N.W. was set to bring the vessel up to the
Rathlins. There was no alteration except possibly for a vessel
crossing the "NORDALE'S" course, after which the course was
resumed. The course was a proper course but it was not steered.
Q.9. After leaving The Maidens were any, and if so what,
shore-lights seen and identified by those on board?
A. None.
Q.10. What was the state of (a) the weather; (b) the wind; and
(c) the visibility between the time when the vessel left The
Maidens and the time when she stranded?
A. (a) The weather was fine and clear, except for heavy rain
between 4.45 a.m. and 5.45 a.m. on the 15th January.
(b) The wind south easterly of force 6 to 8.
(c) Visibility was good on the Irish side. There were black
clouds on the Scottish Coast and visibility was generally reduced
during the heavy rain.
Q.11. Were any soundings taken between the time when the vessel
left the Maidens and the time of stranding? If so when were they
taken; what were they; and were they sufficient for the safe
navigation of the vessel?
A. The mate stated that he took a sounding at 5.25 a.m. on the
15th January and found 60 fathoms and that the deck hand Bessey
sounded at about 5.40 a.m. and found 53 fathoms. They were wholly
inadequate for the safe navigation of the vessel.
Q.12. At what time during the voyage did the mate go on watch?
For how long thereafter did he remain on watch?
A. At 2.30 a.m. on the 15th January and remained on watch until
the vessel stranded at 6.20 a.m.
Q.13. Was a good and proper lookout kept on board?
A. Not after 4.30 a.m.
Q.14. Was the vessel navigated in a proper and seamanlike
manner?
A. Not after 4.30 a.m.
Q.15. When and where did the vessel strand?
A. About 6.20 a.m. on the 15th January, 1942, on the Carskey
Rocks on the south coast of the Peninsula of Kintyre.
Q.16. What was the cause of the stranding of the s.t.
"NORDALE"?
A. The causes of the stranding were bad lookout, failure to
steer the intended course and a failure to take proper soundings
and make use of the soundings taken by reference to the Chart.
Q.17. How many members of the crew lost their lives as the
result of the casualty?
A. Five members of the crew lost their lives in the
casualty.
Q.18. Was the stranding of the s.t. "NORDALE" and subsequent
loss of life caused or contributed to by the wrongful act or
default of her skipper Harold Wood, and her Mate Jack Powell or
either, and if so which of them?
A. The stranding of the s.t. "NORDALE" and the subsequent loss
of life were caused by the wrongful acts and default of the Mate
Jack Powell. The Court does not blame the Skipper Harold Wood for
the casualty.
| | F. A. SELLERS. | Judge. |
| | D. M. BREMNER. | Assessor. |
| | C. A. WILSON. | Assessor. |
| | W. ADDY. | Assessor. |
* Here state all the days on
which the Court set.
? Here state finding of the
Court.