(No. 282.)
"ALRUNE," (S.S.)
The Merchant Shipping Acts, 1854 to 1876.
IN the matter of the formal investigation held at Westminster on the 5th day of
June 1878, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by
Captain PICKARD, R.N., and Captain PARFITT, as Assessors, into the circumstances
attending the stranding of the steamship "ALRUNE," of Grangemouth, on a bank to
the north-west of Ameland Island, on the coast of Holland, whilst on a voyage
from Dantzic to London, on the 22nd of April 1878.
The Court, having carefully inquired into the circumstances of the
above-mentioned shipping casualty, finds, for the reasons stated in the annexed
judgment, that the stranding of the said ship was due to the negligence of
Robert Bay, the master, in putting her on a S.W. by S. 1/2 S. course by the pole
compass from midnight 'of the 21st of 'April and in allowing her to continue on
that course for nearly 24 hours without discovering his error, such course being
at least one point to the southward of her proper course. The Court is also of
opinion that the said Robert Bay was guilty of a grave offence, in suggesting to
the first mate to alter the entry in the log-book of the course steered, from
south-west by south half south, the course which was actually steered, to
south-west half south, the course which she should have been steered.
For these wrongful acts and defaults the Court suspends the certificate of the
said Robert Bay, for six months, but recommends that during the period of such
suspension he be allowed a first mate's certificate.
The Court makes no order as to costs.
Dated this 5th day of June 1878.
(Signed)H. C. ROTHERY,
Wreck Commissioner.
We concur in the above report.
(Signed)BENJ. S. PICKARD, R.N.,Assessors.
"WM. PARFITT,
Judgment.
The Commissioner.—The "Alrune" is an iron screw steam vessel of 763 tons gross
and 478 tons net register, and is fitted with two engines of 95 horse-power. She
is the property of Mr. Gabriel Peterson, of Grangemouth, in the county of
Stirling, and two other gentlemen, Mr. Peterson being the managing owner.
She left Dantzic on the 19th April last, bound with a cargo of 850 tons of grain
for the Port of London, and having a crew of 17 hands all told. No complaint is
made of her equipments. She was steered from amidships. Her compasses, which
were three in number, consisted of a pole compass, one in the wheel-house, and
one aft. She passed Hantzholm Light at about 20 minutes past 8 p.m. of the 21st,
and was then put on a south-west half west course, which was continued for about
an hour, when it was altered to south-west. At midnight she was laid on a course
which was continued until about 11.30 p.m. of the 22nd, when she struck on a
shoal north-west of Ameland Island, on the coast of Holland. She seems to have
grounded at about high water, and all efforts to get her off proved unavailing.
There she remained till the 30th of April, during which time a large portion of
the cargo was taken out of her, and placed in barges and boats. Ultimately, with
the assistance of two steamers she came off, and was taken into Terschelling,
where the cargo was reshipped, and she proceeded on her voyage to London,
arriving here some few days since.
As regards the conduct of the master and crew subsequent to the grounding, there
is nothing to be said. They seem to have used their best endeavours to save both
ship and cargo, and they did succeed, we are told, in saving the greater part of
it. But the question that we have to consider is, how was it that this vessel
got upon the Ameland Island, some 50 miles, as the master has said, to the
eastward of her course? He said that, before passing Hantzholm Light, he had
laid down on his chart a course which he considered would take the vessel quite
clear of the Dutch Coast, and which he proposed to continue till he got to the
south of Smith's Knoll. That course was southwest three quarters west magnetic.
It seems, however, that on that course his pole compass had a deviation of three
quarters of a point, so that to make a south-west three quarters west magnetic
course they would have to steer by the pole compass south-west. As, however, the
wind and the sea was setting from the east, he allowed half a point more to the
south; and accordingly when he gave the course at midnight of the 21st he
intended to give S.W. 1/2 S. The chief mate, however, to whom he gave the
course, told us that the master had ordered him to keep her S.W. by S. 1/2 S.,
and not S.W. 1/2 S. Now whichever was to blame for this mistake, whether the
master gave the wrong course, or whether the mate misunderstood him, it seems
quite certain, if we are to believe the evidence of the two mates, that from
midnight of the 21st until about 11.30 p.m. of the 22nd; when she took the
ground, or for nearly 24 hours, she was steered a S.W. by S. 1/2 S. course; and
it was admitted by Mr. Gibson, the master's counsel, that that course would
necessarily take her ashore on Ameland Island very near the place where she
grounded. There can, therefore, be no doubt that the cause of the casualty was
her being steered for some 24 hours on a S.W. by S. 1/2 S. course instead of a
S.W. 1/2 S. course.
Now it was said on behalf of the master that the error which he has committed is
not a very grievous one; he took care to lay down on his chart the course which
he ought to follow, and he had, or thought that he had, given the course by the
pole compass, which would have taken him in that direction; if he made the
mistake, it was a mere slip on his part, and is therefore not deserving of any
severe punishment. But is the offence of which the master had been guilty a
light one? We can well understand that he might by mistake have given the course
S.W. by S. 1/2 S. instead of S.W. 1/2 S., but we cannot understand how he should
have allowed her to be steered on this course for 24 hours without having
detected that she was a whole point off the course which he had intended to
steer. He admitted that during the day he had been frequently on deck, and had
looked at the pole compass and observed that the vessel was as he said to the
windward of the course which he intended she should be steered, but he never
took the trouble to call the attention either of the first mate or the second
mate to it, all that he says he did was to tell the man at the wheel to take
care and not keep her too much to windward. We think that a master, who for 24
hours allows his vessel to be navigated on a course which, according to his own
statement, is not the course which he had directed that she should be steered,
has been guilty of very great negligence.
But the most serious part of the case in our opinion is that which relates to
the log-book. it seems that soon after the vessel had got ashore the master
discovered the mistake which had been made in keeping her on a southwest by
south half south course, instead of a southwest half south course, and
accordingly with the view of concealing the fact if possible from his owners and
from this Court, he suggested to the chief mate that the entry in the log-book
should be made "south-west half south." it happened, however, very unfortunately
for the master that the mate, before he had gone below at 8 o'clock on the night
the vessel took the ground, had entered up the log-book, and had already put
down the course of the vessel from midnight on the 21st as "southwest and by
south half south." Now it would not have done to have erased or altered this
entry for it would have been seen at once. Accordingly he suggests to the mate
that the leaf of the log-book should be torn out and that the entry should be
recopied. Perhaps a more grave offence could hardly be committed by the master
of a vessel. Having then torn out this leaf from the log-book the mate copied
the entry on the next sheet. On the way to England, however, after leaving
Terschelling, the mate's conscience seems to have pricked him, and he determined
to alter the course back to what it had been originally. He told us that the
reason which induced him to make this alteration was that he heard before
leaving Terschelling, that there was to be an inquiry. So that if there had not
been any inquiry it may perhaps be doubted whether the mate's conscience would
have been so very sensitive as it proved to be. Be this, however, as it may, the
mate alters the entry in the log-book from south-west half south, which he had
been induced to enter at 'the suggestion of the master to south-west by south
half south, the course which had been originally entered and which was in fact
the course actually steered.
Now it has been urged as a defence of the master's conduct that at the time that
he made the suggestion which he did to the mate he was in a state of great
excitement, and that he did not know what he was doing. But, if so, his
excitement seems to have lasted for a very considerable time, for the suggestion
was made by him on the night of the 22nd of April, and we are now at the 5th of
June, and it was not until he came into Court that he knew that the entry in the
log-book had been altered. It would seem then that when he came into Court he
was prepared to swear, according to the entry in the log-book, that the course
was S.W. 1/2 S., when all the time he knew that it had been S.W. and by S. 1/2
S. He has himself stated that he did not know that the mate had altered back
again the entry in the log-book until he came into Court this day. We think that
the master has been guilty of a very grave offence in this case, inasmuch as he
not only sanctioned the alteration of the log-book but actually incited one of
his officers to make the alteration with the view of deceiving his owners and
this Court.
Mr. Gibson has, in our opinion, most properly not contended that this vessel has
not sustained serious damage. From the evidence it appears that some of the
plates in the bottom were dented in, so that it will be necessary to take them
out and replace them before she is sent on another voyage. It is therefore
abundantly clear that she has sustained serious and material damage. Under these
circumstances we have power to deal with this master's certificate. Looking at
all the facts of the case, the gentlemen by whom I am assisted are of opinion
that this master's certificate should be suspended for six months; and in that
opinion I entirely concur.
Before concluding, I ought to observe that it appears from the evidence that
there was no chronometer on board this vessel; and I am told that it is a very
common thing for vessels trading to the Baltic to have no chronometer at all.
Now we think that that is a matter to which the attention of owners should be
directed, seeing that during a portion of the voyage the vessel must necessarily
be out of sight of land. We doubt whether a large and valuable vessel like this
ought to have been sent to sea without a chronometer. The master took an
observation at noon of the 22nd, and had he had a chronometer on board by which
he could have ascertained his longitude, he would have seen that he was then
some 25 miles to the eastward of his supposed position. In that case the error
would have been instantly detected, and in all probability this vessel would not
have been stranded. You do not ask for costs, Mr. Marsden.
Mr. Marsden.—No, sir.
Mr. Gibson.—I think I ought to say there is some misapprehension on the part of
the Court as to the captain's answer to the question whether he knew about the
log-book being altered. As a matter of fact, he certainly did know about its
being altered, for I knew of it from him.
The Commissioner.—I am very glad to hear you say so, but that was the answer he
gave.
Mr. Gibson.—It was the answer he gave; I do not think he understood the
question.
The Commissioner.—He certainly said that he did not know of its having been
altered.
Mr. Gibson.—Yes; but he must have misunderstood you. As a matter of fact, he did
know of it. Would you recommend that the master might have a mate's certificate
during his suspension?
The Commissioner.—Certainly, we shall recommend that he should have a mate's
certificate.
(Signed)H. C. ROTHERY,
Wreck Commissioner.
W. 300. 60.—6/78. Wt. 35.
