(No. 295.)
"G. A. PYKE" and "ADRIATIC," (S.S.)
The Merchant Shipping Acts, 1854 to 1876.
IN the matter of the formal investigation held at the Chancery Court, St.
George's Hall, Liverpool, on the 17th and 19th August 1878, before H. C.
ROTHERY, Esquire, Wreck Commissioner, assisted by Captain GRANT, R.N., and
Captain CASTLE, as Assessors, into the circumstances attending the loss of the
British sailing ship "G. A. PYKE," of Ardrossan, through collision with the
British steamship "ADRIATIC," of Liverpool, off the Tuskar Rock, in the Irish
Channel, on the 19th ultimo, whereby loss of life ensued.
Report of Court.
The Court, having carefully inquired into the circumstances of the
above-mentioned shipping casualty, finds, for the reasons annexed, that the
collision was due to the great speed at which the steamer "Adriatic " was being
navigated during the dense fog that prevailed at the time, and which made it
impossible for her to avoid the brigantine "G. A. Pyke" after she was seen.
The Court is of opinion that John William Jennings, the master of the
"Adriatic," was to blame for not having taken measures to ascertain the speed of
the vessel; for having supposed her to be going at from 5 to 6 knots an hour,
when in fact she was going at from 9 to 10 knots; and for having allowed a speed
of only 5 knots an hour to be inserted in the log-book as that of the
"Adriatic," although he well knew, from having ascertained her position at noon
of that day and the distance run, that her speed must have been nearly double
that recorded.
For these wrongful acts and defaults the Court considers that the said John
William Jennings is greatly to blame, but looking to the careful attention which
he paid to the navigation of the vessel in other respects, and to the promptness
with which the orders were given after the "G. A. Pyke" was made out, and with
which the boats were lowered after the collision, it returns to him his
certificate, at the same time warning him to be more careful in future.
The Court is further of opinion that William Sowden, the third officer, and John
Pascoe, the fourth officer, of the "Adriatic " were guilty of carelessness in
superintendingthe heaving of the log, but it returns to them their certificates,
with a warning to be more careful in future.
The Court makes no order as to costs.
Dated the 19th day of August 1878.
(Signed)H. C. ROTHERY,
Wreck Commissioner.
We concur in the above report.
(Signed)JOHN M. G. GRANT,Assessors
"JOHN S. CASTLE,
Judgment.
The Commissioner.—At about 10 a.m. of Friday the 19th of July last a collision
occurred during a dense fog near Tuscar, in the Irish Channel, between the
steamship "Adriatic" and a brigantine called the "G. A. Pyke," the result of
which was the total loss of the sailing vessel, together with five of her crew;
and the object of the present inquiry is to ascertain the circumstances under
which this casualty occurred.
The account which is given by the only survivor of the "G. A. Pyke" is as
follows:—She was a small vessel of 171 tons gross and 159 tons net, and was the
property of Mr. Patrick McKay, and two other gentlemen, Mr. McKay being the
managing owner. She left Gravesend on the morning of Saturday the 6th of July
last, bound with a cargo of 240 to 260 tons of cement to Dublin, and having a
crew of six hands all told; and on the morning of Friday the 19th of the same
month she had arrived in the neighbourhood of Tuscar. Nothing particular
occurred during the voyage, except that during the last seven or eight days she
was found to be making so much water that it was necessary to pump her every
half hour. That, no doubt, is a circumstance which Mr. Hill will bear in mind
when he comes, if he has to do so, to settle the damages due to the owners of
the "G. A. Pyke." At 10 a.m. she was on the port tack, heading east by south,
with the wind from northeast to north north-east, under all sail, and going at
from 3 1/2 to 4 knots an hour. She had been since 5 o'clock of that morning in
the midst of a dense fog. What first attracted the attention of those on board
the " G. A. Pyke" to the approaching steamer we do not know, for unfortunately
all who were on board the brigantine, with the exception of one seaman named
Hanrahan, were drowned. According to the evidence of this man, it was his watch
below, and the first intimation which he had. that the steamer was approaching
was hearing one of the crew calling to them to turn out quick. He immediately
did so, and on coming on deck he saw the steamer to windward some two or three
points on the port bow, coming down fast upon them. On going on deck he heard
the master of the "G. A. Pyke" order the helm to be put up, and the vessel
thereupon began to pay off, but almost immediately afterwards he ordered the
helm to be put down, and the vessel then came up into the wind, and her sails
began to shake. By that time the steamer was into them, striking them between
the fore and main rigging on the port side, and cutting into the "G. A. Pyke"
nearly across her main hatch. The brigantine almost immediately sank, carrying
everything with her. Of all on board Hanrahan alone seems to have come to the
surface; on doing so heimmediately got hold of a portion of the wreckage, and in
a very short time was rescued by one of the " Adriatic's" boats.
The account given by the numerous witnesses who have been produced from the
"Adriatic" is as follows:—She is a vessel of 3,887 tons gross and 2,458 tons net
register, after deducting the engine and crew spaces, and has four engines of
600 horse-power combined. She belongs to the Oceanic Steam Navigation Company,
Mr. Thomas Henry Ismay, of No. 10, Water Street, Liverpool, being the managing
owner. She left Liverpool at 9 p.m., of the 18th, having on board a crew of 138
hands all told, and 216 passengers, besides cargo. At 3.5 a.m. of the 19th she
passed the South Stack Lighthouse, distant four miles. She was then steered on a
south-west by west course to make the Tuscar. The weather at this time was fine,
the wind N.E. to N.N.E., and she proceeded at full speed, which the master has
told us was about 14 to 15 knots an hour. At 4.20, a fog having come on, the
captain ordered the engines to be slowed, and that appears to have been done;
and at 4.30 a whistle was heard on the starboard bow, upon which the master
ordered the helm to be starboarded, and almost immediately afterwards a steam
tug was observed some three-quarters of the "Adriatic's" length from them on the
starboard side, and they were warned by her to keep clear of the vessel which
she had in tow. Almost immediately afterwards the "Hengist," the vessel in tow,
was observed close at hand. The two vessels scraped past one another, the
"Adriatic " carrying away some of the " Hengist's" braces, and losing, I think,
her own main brace, but apparently without any other damage, so far, at any
rate, as the evidence before us shows. After clearing the " Hengist," the master
of the "Adriatic" very properly put about, for the purpose of seeing whether or
not any damage had been done, and of rendering assistance in case it should be
required. He failed, however, to discover them, and hearing whistles on both
bows he thought that the most prudent course for him was to proceed on his
voyage; and in that I think that probably he acted rightly. Accordingly, at
about 5 o'clock the vessel was put upon her course again, the engines still
going, as we are told, at slow. Nothing particular occurred until 10 a.m.; at
this time the vessel was, as before, on a south-west by west course, the engines
going slow; the master and the chief officer were on the bridge; the third
officer was immediately before the wheel-house, superintending the steering, and
there were three men forward on what is called the turtle back, quite in the
bows of the ship. Two of these men appear to have been on the starboard bow; the
other was standing immediately before the bell, holding the tongue of the bell
by a lanyard in his hand, in order to give notice of the approach of any vessel
to the officer of the watch. The fog was still intensely thick, so much so that
it was not possible, according to the evidence of almost all the witnesses, to
see further than the "Adriatic's" own length. At this time a sail was discovered
by the look-out men on the starboard bow; and, in accordance with the practice
on board the " Adriatic," two blows were struck on. the bell as a signal to the
officer on the bridge that there was a sail on the starboard bow. Almost
immediately afterwards the captain and first mate observed her, but without
being able to make out on what course she was. The first impulse of the master
was to order the helm to be put to starboard, and he gave that order to the
third officer, who was superintending the steering; but before it could be
carried out he saw that the vessel, which, as he has told us, was one point on
the starboard bow, was on the port tack standing across his bows from starboard
to port; and he immediately gave the orders "port," "stop her," ."full speed
astern." All these orders appear to have been promptly obeyed. The ship's head,
the captain told us, paid off a point to starboard under her port helm; but the
brigantine having thrown herself up into the wind drifted down, as we are told,
across the steamer's bows, with the unfortunate results which I have already
described. Without an instant's delay the captain of the "Adriatic" ordered the
boats to be lowered, and boats Nos. 7 and 8, which were hanging on each side
between the main and mizen rigging, were immediately lowered into the water. The
wreckage for the most part was on the starboard side, and we are told that
within four minutes from the time of the collision the boat on the starboard
side had picked up Hanrahan, the only person from the "G. A. Pyke," who seems to
have come to the surface. The "Adriatic" remained in the neighbourhood for from
half to three-quarters of an hour, in the hopes of picking up some more of the
crew, and she then proceeded on her voyage. At 5 p.m. the fog cleared up, when
high land was discovered behind Waterford, and soon after nine she was off
Queenstown.
Now there is really very little conflict between the parties in this case, much
less than we are in the habit of seeing iii cases of this description. It is
admitted on both sides that the fog was intense, so that vessels could be seen
from one another at only a very short distance. It is admitted that the wind was
from N.E. to N.N.E., that the course of the "G. A. Pyke" was E. by S., that of
the "Adriatic" S.W. by W., and that when the two vessels first sighted one
another, the steamer was some two or three points on the "G. A. Pyke's" port
bow, and the "G. A. Pyke" one point on the steamer's starboard bow. It is
admitted that the "G. A. Pyke," being close-hauled on the port tack, first
ported and then starboarded her helm, and that at the time of the collision her
sails were shaking. It is admitted, as regards the steamer, that the order was
first given to starboard the helm, but that before this could be done the helm
was ordered to be put to port, and that that order was obeyed; and that the
engines were stopped and reversed full speed. It is admitted that a very short
time elapsed between the vessels being seen from one another and the collision,
probably not more than a minute; and it is obvious from the positions in which
both Hanrahan and the witnesses from the steamer placed the two vessels when
they were in collision, that the courses of both of them had been very little
altered from what they were originally. I may add that it has been shown also to
our satisfaction 'that the way of the steamer, although not actually stopped at
the moment of the collision, was very nearly so, for the wreckage of the "G. A.
Pyke" seems not to have drifted further aft than the midships of the steamer,
and it was about that place that Hanrahan was picked up.
These then being, as I may call them, the admitted facts of the case, Mr. Hill,
who has appeared for the owners, master, and officers of the "Adriatic," has
told us that there are two questions for our consideration: first, what was the
cause of the collision? and secondly, whether the charges that have been
preferred by the Board of Trade against the master and officers of the steamer
have been proved to our satisfaction?
The charges which Mr. Bill has preferred against the "G. A. Pyke," and which he
says occasioned the collision, are first, that she neglected to blow her
fog-horn, and secondly, that she threw herself up into the wind. And first, as
to the supposed omission to blow the fog-horn. The evidence of Hanrahan is that,
when he was on the watch he did blow the fog-horn, and that after his watch was
over, and so long as he remained awake, he heard the fog-horn blown from time to
time; during the time however that he was asleep, that is to say, for some hour
and a half before the collision, he certainly did not hear the fog-horn blown,
nor did he hear it blown at all after he had been awakened and before the
collision. All the people, too, from the "Adriatic" have sworn that they never
heard. the fog-horn; and Mr. Hill has concluded from this that the fog-horn was
not blown on board the "G. A. Pyke." I hardly think, however, that that
conclusion is well founded. It is true that we have no positive evidence that
the fog-horn was blown for an hour and a half before the collision; but then all
who might have deposed to the fact if it had been done have been drowned. The
10th article directs that the fog-horn shall be sounded at least every five
minutes. Now it was not pretended by the captain of the "Adriatic," or by any of
the witnesses who have been examined before us, that this fog-horn could have
been heard at a greater distance than about six times the length of the
"Adriatic." The length of the "Adriatic" is 437 feet, nearly 150 yards, six
times her length would therefore be about half a mile. But if the speed of the
"Adriatic" was, as I think will presently appear, nearly 10 knots an hour, she
would get over those six lengths in about three minutes. It is quite possible
then that the fog-horn may have been blown shortly before the "Adriatic" got
within range of the sound, and that before five minutes had elapsed for blowing
it again the vessels had come in sight of one another. The fact, therefore, that
those on board the "Adriatic" did not hear the fog-horn is not proof that it was
not blown as frequently as is required by the regulations for avoiding
collisions at sea.
Secondly, it was said that the "G. A. Pyke" contributed to this collision by
having starboarded her helm and thrown herself up into the wind, across the bows
of the "Adriatic;" and that if she had ported her helm, or even continued her
course, no collision would have occurred. Now there can be no doubt that it was
the duty of the "G. A. Pyke" to keep her course; the 18th article is express
upon the point. How far those on board the "G. A. Pyke" might have been
justified under the circumstances, seeing this huge vessel bearing down upon
them, in putting her helm to starboard, is a question with which happily this
Court has not to deal. All we have to say is, whether what was done by those on
board the "G. A. Pyke" directly caused the collision. We have not to decide the
civil liabilities of the parties.
Now if we are to accept the statement of the captain of the "Adriatic," that the
"G. A. Pyke" was first seen by him at the distance of his own ship's length off,
one point on his starboard bow, and that he ported one point, how was it that he
came to run into her between the fore and main chains? According to the evidence
of the captain, the "G. A. Pyke" was crossing his course from starboard to port
at the rate of from 3 1/2 to 4 miles an hour; and at the same time his speed was
from 5 to 6 knots an hour. If the helm of the "Adriatic" was ported so as to
turn her head one point to starboard how was it that the "G. A. Pyke" which was
going from 3 1/2 to 4 knots an hour nearly, though not quite at right angles to
the " Adriatic's course, had not had time to go clear before the" Adriatic" had
traversed the distance between the two vessels? and how was it that she was
struck between the fore and main rigging? The fact that the "G. A. Pyke's" sails
were shaking at the moment of collision will not account for it, for until her
sails shook she was making headway, crossing the steamer's bows from starboard
to port, and it is clear from the manner in which the two vessels came together
that she had hardly altered her course, and that her sails were only just
shaking when the collision occurred. If, however, instead of going only between
5 and 6 knots an hour the "Adriatic" was going at the rate of nearly 10 knots an
hour the difficulty of understanding how the collision occurred is not so great,
for then the "Adriatic" would pass over the distance between herself and the "G.
A. Pyke" much more rapidly, and there would be less time for her to alter her
course; and the two vessels would come together, as we find they in fact did do,
very nearly on the courses on which they originally were. It seems to me
therefore that what we have now to consider is, what was the speed of the
"Adriatic."
Mr. Hill contended that a steamer could not be said to be going too fast if her
rate of speed was such that she would be able to avoid collision with another
vessel, provided that other vessel did what was required of her. (To Mr. Hill.)
I think that that was your definition?
Mr. Hill.—Yes, sir.
The Commissioner.—I am ready to admit that that is a correct definition of the
speed which a vessel is entitled to go. The Act of Parliament and the rules have
taken care not to lay down with too great strictness at what speed one of these
vessels may go; all that is said is, that when in a fog they are to go at a
moderate speed. Our duty therefore is to ascertain what was the speed at which
the "Adriatic" was going, and whether that was or was not a moderate speed.
According to Captain Jennings the speed of the "Adriatic" was from 5 to 6 knots
an hour; and as proof that she was not going faster than that we have had
producod before us the third and fourth officers, whose duty it was to heave the
log, and who told us that they did so twice in each watch during the whole time
that this fog prevailed; and they have both sworn very positively that on each
occasion her speed was only from 5 to 5 1/2 knots an hour, and that they so
reported to the captain. Against this we have the evidence of a seaman named
Williams, who told us that he had often assisted to heave the log, and that he
had never under any circumstances known this vessel to go at less that 8 knots
an hour. We have also the evidence of a man named Thompson, who told us that be
assisted to heave the log between 9 and 10 o'clock, and that the log then
registered 10 knots, for that he himself, in assisting to haul in the line, had
hold of the knot which indicates 10 knots, and that that had run out. I think,
however, that we should hardly be prepared to accept the evidence of these men,
Williams and Thompson, in preference to that of the third and fourth officers,
unless supported by other evidence, and by the circumstances in the case.
Moreover, it is quite possible, as has been pointed out, that Thompson's
evidence might be quite true, and that he may have had hold of the 10th knot,
and yet that only five knots had been run out; for it seems that the whole watch
usually assisted to haul in the log, and for that purpose the slack was run out
on the deck forward for the men to get a hold on the rope.
But let us now turn to the evidence of the engineers as to the speed at which
the vessel was going. I will not give the evidence in detail, but 1 will state
its general effect. They spoke to the engines having been slowed from about 4.20
a.m., when the fog came on, and to their having been kept at slow from that time
until about 5 p.m. the same day, except on the occasion of the two collisions,
of which we have spoken. They told us that on the dial in the engine-room there
were three rates of speed indicated, namely, " full speed," "half speed," and
"slow;" that at full speed the engines made from 51 to 53 revolutions in a
minute, at half speed from 40 to 41, and at slow from 30 to 35. The last is
certainly a wide range, for I need hardly observe that it would make a very
great difference in the speed of the vessel whether the number of revolutions
was 30 or 35; that was, however, the evidence of the engineers. Not one of them,
indeed, was able to say that he had counted the number of revolutions at any
time, whilst the engines were going slow, but they thought they were making
about 33 revolutions, one of the engineers said from 33 to 35.
It seems to be the practice on board this vessel when it is wished that the
engines should go dead slow for the officer of the watch to ring the telegraph,
repeating the order " slow," and that that meant to go dead slow. The captain
and chief officer told us that on several occasions during that morning,
thinking that the vessel was going too fast through the water, (and by "too
fast," be it observed, he meant more than 5 or 6 knots an hour,) he rang the
telegraph more than once at " slow," and on one occasion sent down a
quartermaster to the engine-room to tell them to go slower. Whether this was or
was not done, the engineers have distinctly sworn that they never heard the
telegraph ring, and that they have no recollection of the quartermaster coming
down to the engine-room to tell them to go slower. If they had had any such
order, they told us that they could have put the engines down to 30 revolutions
with a full pressure of steam, and without danger of stopping; as a fact,
however, the engines were kept going at 33 revolutions, and one of the engineers
said at from 33 to 35.
Now the chief engineer of the vessel as well as the superintending engineer of
the company, a gentleman of large experience, told us that the pitch of the
screw of this vessel was 30 1/2 feet, and that with 33 revolutions it would give
a velocity of something like from 9 to 9 1/2 knots an hour They stated, indeed,
that from this an allowance would have to be made of about 1 1/2 knots for slip;
but when their attention was called to the fact that this vessel had the wind
almost right aft, they admitted that there would be very little allowance to be
made for slip. The speed then through the water which might naturally have been
expected from this vessel, looking to the pitch of the screw and with the wind
nearly right aft, would with 33 revolutions a minute, be about 9 knots an hour;
if, on the other hand, the number of revolutions was 35, the speed would be
nearer 10 knots.
Let us now see what really was her speed as deduced from the distance actually
run. It seems that she passed the South Stack Lighthouse at five minutes after
three ii the morning. At noon of that day the master fixed he position by
soundings to be 10 miles east-south-east of Tuskar. Mr. Hill, in the course of
his argument, has endeavoured to throw some doubt upon whether or not that was
her true position at noon; a doubt which I may observe neither the captain, nor
the pilot, nor anybody else' seems to have entertained; and 1 may add that we
also entertain no doubt that the master had accurately fixed the position of his
ship when when placed her at 10 milt east-south-east of Tuskar at noon. Now the
master has told us that the distance from the South Stack to the place where he
was at noon is about 85 miles. If this be so, the vessel must in the nine hours
between 3.5 a.m. and noon have run 85 miles. During these nine hours the master
has told us that she would have the ebb tide with her for the first five hours,
namely, from 3 to 8 a.m., and the flood tide against her for the last four
hours, or from 8 a.m. to noon. The difference then between the five hours in her
favour and the four against her would set her on her course, say, some three
miles at the outside. Now for the first hour and a quarter, from 3.5 to 4.20
a.m. she was going at full speed, which the master has stated was 14 to 15 knots
an hour, for which, therefore, we may allow 19, or say, 20 miles. After 4.20
a.m. she met with two collisions, during which she was stopped altogether for
about another hour and a quarter, that is to say, half an hour for the first
collision, and three-quarters of an hour for the second.
Mr. Hill.—35 minutes, sir.
The Commissioner.—Well, say 35 minutes on the last. occasion, and 30 minutes on
the first. For something over an hour then she was at rest; and if we add, that
on the occasion of the first collision she actually turned round and went back
upon her course, I think we shall not be far wrong if we assume that she was
stopped altogether for nearly an hour and a quarter. Deducting then the hour and
a quarter when she was going full speed, and another hour and a quarter when she
was stopped, there remains of the nine hours six hours and a half, during which
she was said to be going slow. And deducting from the whole distance run. which
we are told was 85 miles, first the 20 miles made during the first hour and a
quarter, and secondly, the three miles due to the difference of the tide, there
remains about 62 miles, which it seems that she must have done in the six hours
and a half, whilst her engines were going slow. This would give a velocity of
between 9 and 10 knots an hour, which agrees very nearly with that deduced by
calculation from the pitch of the screw and the number of revolutions per
minute.
I think, therefore, that there can be no doubt that this vessel was going, not
at from 5 to 6 knots an hour as the master supposed, but at nearly 10 miles an
hour; and the question is whether that was or was not an undue rate of speed?
The fact that the speed was actually nearly twice what the master believed she
was going, and which we are therefore entitled to think was the greatest speed
at which she ought to go in such weather consistently with safety, would in our
opinion be a sufficient answer to this question. Taking, however, the definition
which Mr. Hill has himself laid down, that a steamer is not entitled to go at so
great a rate of speed that she would be unable to avoid collision with another
vessel of that vessel did what was required of her, we think that there can be
no doubt that the "Adriatic" was going at an undue rate of speed. I take it that
the starboarding of the helm of the "G. A. Pyke" just before the collision could
have had very little effect upon her way; and whether the helm of the "G. A.
Pyke" had been ported, or whether it had been starboarded, so close was the
"Adriatic" when she first saw her, and so great her speed, that we have little
doubt, seeing that she struck the brigantine so far forward as to pass between
her fore and main rigging that, whatever course that vessel had taken, the
"Adriatic" had no time to avoid her,
Whilst, however, we are of opinion that the "Adriatic" was going at an undue
rate of speed, it is right to observe that, as soon as the course of the "G. A.
Pyke" had been made out, the steps taken by the master to avoid the collision
were proper and seamanlike. The order to port the helm was the best that could
be given under the circumstances; and so promptly was the order to stop and
reverse full speed given and obeyed, that the vessel was brought to a standstill
in an extremely short space of time. No doubt she was not actually stopped at
the moment of collision, but in an instant afterwards she lay r dead in the
water; and it was only her enormous weight which rendered the collision so
disastrous.
It only remains then for us to consider whether the charges which have been
preferred by the Board of Trade against the master and the third and fourth
officers, have been proved to our satisfaction. It is quite clear, as Mr.
Marsden has stated, that it is the duty of the master of a ship to know the
speed of his vessel when she is going at full speed, at half speed, and at slow.
We believe that the master may have thought at the time that the speed at which
his vessel was going was not more than 5 or 6 miles an hour. But was he
justified in that opinion? We think not. If he had spoken to the chief engineer
on the subject that gentleman could have told him that with 33 revolutions a
minute, and the wind nearly dead aft, she would make from 9 to 9 1/2 knots
through the water. The captain told us that when he came to take soundings, and
to ascertain her position at noon, he was then convinced that he had overrun his
reckoning, and that she had been going at a much greater speed than he had
expected. We think that the master is to blame for not having known this; the
more so as he seems to have been in command of this vessel for some time, and
should therefore have taken every opportunity of ascertaining the exact speed of
this vessel under different conditions. We think, too, that he was to blame in
allowing those entries to be made in the log-book, and for having stated as he
did in the earlier part of his examination that the speed of the vessel during
the fog was only 5 knots an hour, when he knew as a fact, from having
ascertained his position at noon, that her speed during that time must have been
much greater. At the same time, although we think the captain greatly to blame
for this, we cannot shut out from our consideration the fact that this gentleman
from the time he left Liverpool seems to have paid the greatest attention to his
duties; at the time of the collision he and his chief mate were on the bridge,
keeping a good look-out, the third mate was stationed immediately before the
steering-house amidships, superintending the steering, a very proper
arrangement; and there were three men forward on the look-out. The orders to
port the helm and to stop and reverse full speed were given with the greatest
promptness, and every effort seems to have been made to save the lives of those
on board the brigantine. On the whole, looking at all these facts, we shall not
either cancel or suspend his certificate; but in returning it to him we shall
warn him to be more cautious in future.
With regard to the two officers, the charge against them is, that they were
negligent in heaving the log, with a view to ascertain the speed of the vessel.
We are not disposed to think that they wilfully reported to the master that the
vessel was going at 5 or 5 1/2 knots an hour when they believed her to be going
at 10 knots an hour; but we think that they were careless in the way in which
they saw the log hove. We have no reason to think, nor has it been suggested,
that the log was defective, or that the glass was in error; but that there has
been a grave error is clear, and we think that it was probably due to the
careless way in which these two gentlemen took the speed of the vessel On the
whole, however, we think that it will be sufficient to warn them to be more
careful in future, and we shall return to them their certificates.
With respect to the costs, I think that the Board of Trade do not ask for any
costs.
Mr. Marsden.—They do not, sir.
The Commissioner.—And I need hardly say that Mr. Hill's party will not be
entitled to costs.
Mr. Hill.—I am sure, sir, that you will not refuse what I am not going to ask
for.
The Commissioner.—And I do not think that Mr. Potter is entitled to his costs;
his man undoubtedly did violate one of the rules which are laid down for the
navigation of a ship. That he was justified in so doing it will be for him to
prove before another court.
Mr. Potter.—Sir, perhaps you will reserve the question of costs as to him.
The Commissioner.—No, I could not do that. In a matter of this-kind I could not
be governed by the decision of some other court, based possibly on other
evidence.
(Signed)H. C. ROTHERY,
Wreck Commissioner.
I 46. 80. 8/78. G 24. E. & S.
