(No. 349.)
"FARNLEY HALL," (S.S.), and "MORNA," (S.S.)
The Merchant Shipping Acts, 1854 to 1876.
IN the matter of the formal investigation held at Westminster, on the 16th,
17th, and 18th of December 1878, before H. C. ROTHERY, Esquire, Wreck
Commissioner, assisted by Commander FORSTER, R.N., and Captain CASTLE, as
Assessors, into the circumstances attending the damage caused to the British
steamship "FARNLEY HALL," of West Hartlepool, through collision with the British
steamship "MORNA," of Leith, at about 2 p.m. of the 10th of November 1878, in
Limehouse Reach, in the River Thames.
Report of Court.
The Court, having carefully inquired into the circumstances of the
above-mentioned shipping casualty, finds, for the reasons annexed,-
1. That serious damage was done on the occasion in question to the steamship
"Farnley Hall," through collision with the steamship "Morna," and that such
collision was due to the wrongful act of Henry Whittingham Allen, the pilot in
charge of the "Morna," and not to any act or default of anyone on board the
"Farnley Hall."
2. That the "Farnley Hall" was on the occasion in question navigated in a
careful and proper manner, and with due regard to her own safety and to that of
other vessels on the river.
3. That in particular her helm was not improperly starboarded when nearing
Cuckold's Point; and that she did not improperly or at all deviate from her
course, but was following the usual and proper course up Limehouse Hole, when
she was run into by the steamship "Morna."
4. That the "Morna" was not, on the occasion in question, navigated in a careful
and proper manner, and with due regard to her own safety and that of other
vessels on the river.
5. That in particular the "Morna." being an overtaking vessel, neglected to keep
out of the way of the "Farnley Hall," and that on approaching the "Farnley Hall"
she neglected to slaken her speed, and to stop and reverse in sufficient time to
avoid a collision.
6. That there is no reason to suppose that a good lookout was not being kept
either on board the "Farnley Hall" or the "Morna;" but that it is not usual or
necessary under the circumstances for a look-out to be kept aft.
The Court makes no order as to costs.
Dated the 18th of December 1878.
(Signed)H. C. ROTHERY, Wreck Commissioner.
We concur in the above report.
(Signed)GEORGE H. FORSTER,Assessor.
"JOHN S. CASTLE,
Reasons.
The Commissioner.-The object of the present inquiry is to ascertain the
circumstances under which a collision occurred between the steamships "Farnley
Hall" and "Morna," near Cuckold's Point, in the River Thames, about 2 o'clock in
the afternoon of Sunday the 10th of November last. But before I proceed to deal
with the facts of the case, I may observe that both Mr. Clarkson and Dr.
Phillimore seemed at one time to be somewhat alarmed, lest the Court should be
disposed to enter into an inquiry not only as to what were, but as to what ought
to be, the regulations for the Port of London. The Court, however, has no such
desire. That matter is at present in the hands of a committee far more competent
to deal with such a question than this Court. Undoubtedly if any question arose
in the course of one of these inquiries which seemed to show that some
regulation, or the want of some regulation, had materially contributed to the
casualty, it would be the duty of the Court not altogether to overlook it; but
happily no such question arises in the present case. The facts are in a nut
shell.
It seems that the "Farnley Hall" was an iron screw-steamship of 945 tons gross
and 606 tons net register, and was fitted with engines of 98 horse-power. She
was built at West Hartlepool in the year 1871, and at the time of the casualty
which forms the subject of the present inquiry she was the property of Mr.
Robert Irvine, of the Harbour Dockyard, West Hartlepool, and others, Mr. Robert
Irvine being the managing owner. She was on a voyage from the Baltic to London,
laden with a cargo of wood and iron; and shortly before midday of the 10th of
November last arrived off Gravesend, and having there taken on board a pilot
named Edward James. Denton, she proceeded up the river, her destination being
the Grand Surrey Canal. Except when she had to ease to go round the points, she
went at full speed, which, we are told, was about 9 1/2 knots, until she arrived
in Limehouse Reach. At this time the master, chief mate, and pilot, were on the
navigating bridge, which is raised about 7 1/2 feet above the lower bridge. The
boatswain and two men were also on the bridge steering her. It was nearly high
water, but the flood was still running, and the wind was blowing strong with
squalls from the south-west. With the view, as the master and pilot have told
us, of getting what they called a good slack for entering the dock, the vessel
when about half-way up Limehouse Reach was put at slow. On nearing the top of
the reach, three barges, and I believe a schooner, were observed lying at anchor
nearly in mid-channel, but rather to the southward of it. The "Farnley Hall" was
steered to pass to the north of them, and her helm was then starboarded for the
purpose of rounding Cuckold's Point. According to her own account she had
rounded the point, and had straightened up Limehouse Hole, her helm having been
steadied for about a minute and a half or two minutes, when the chief mate
happening to turn round observed a steamer, which afterwards proved to be the
"Morna," at a distance variously stated of from 60 to 130 feet astern, and
heading for their port quarter. He immediately blew the whistle, which attracted
the master's attention, who, on seeing the "Morna," ordered the engines to be
set on full speed ahead. Before, however, the "Farnley Hall" could get
sufficient way upon her the "Morna" struck her with her stern and starboard bow
on the port quarter, damaging her very considerably below the water line. The
"Farnley Hall" continued her course up the river, but so fast did the water gain
upon her that it became necessary to lay her upon the mud, whence she was
afterwards taken into dock.
The story told by the "Morna" is as follows: She is an iron screw steamship of
930 tons gross and 544 tons net, and is fitted with engines of 200 horse-power.
She was built at West Hartlepool in the year 1869, and is the property of the
London and Edinburgh Shipping Company, Limited, and is one of their regular
traders between Leith and London, making the voyage twice a week.
On the morning in question she also was bound to London, and at about noon, on
passing Gravesend, she took on board a pilot named Henry Wittingham Allen for
the purpose of piloting her up the river. On rounding the Isle of Dogs we are
told that her engines were put down to slow, they were then again put at full
speed, but when about half-way up Limehouse Reach we are told that they were put
at half speed. As she approached the barges, which were lying in the upper part
of the reach, her helm was slightly starboarded so as to pass to the southward
of them. This would of course take her somewhat closer to the south shore. After
passing the barges she starboarded her helm for the purpose of rounding
Cuckold's Point. At this time, according to the evidence of those on board the
"Morna," they observed the "Farnley Hall" suddenly and unexpectedly starboard
her helm and come across their bows, and at the same time stop her engines. The
helm of the "Morna" was thereupon put hard-a-starboard and the engines were
reversed full speed with the view, we are told, of passing under the "Farnley
Hall's" stern, but owing to that vessel having stopped her engines it was found
impossible to clear her, and the "Morna" struck her, as I have already stated,
on the port quarter with her stem and starboard bow, damaging her below water.
According then to the "Farnley Hall" she was taking the usual and proper course
in rounding Cuckold's Point; she had starboarded her helm when she got to the
top of the Limehouse Reach, which would necessarily take her somewhat over
towards the south shore, but she had already rounded the point and had
straightened up Limehouse Hole for a minute and a half or two minutes before the
collision. According to the "Morna" there would have been no collision at all,
unless the "Farnley Hall" had suddenly and unexpectedly starboarded her helm,
thus throwing herself across the "Morna's" bows and at the same time stopped her
engines.
Now, in the first place, what evidence is there that the "Farnley Hall" ever
stopped her engines at all? All that the master, mate, and pilot of the "Morna"
can say is that they believe that her engines were stopped, because they could
see no wash astern, but at the outside this amounts only to an impression on
their minds, it is their belief. On the other hand, apart from the extreme
improbability that the "Farnley Hall" should at this time have stopped her
engines, we have the sworn testimony of all who were on board the "Farnley Hall"
that her engines were never stopped, but that when the "Morna" was observed
close to them they were put on full speed ahead. This account, too, agrees with
the evidence of Bruce, the look-out man on board the "Morna," who told us that,
so far as he could see, there was no change in the "Farnley Hall's" engines,
except just before the collision, when there seemed to be more wash under her
stern.
And now let us see what evidence there is as to the course on which the "Farnley
Hall" was at the time of the collision. According to those on board her she had
passed the point and was heading up Limehouse Hole, her helm having been
steadied for a minute and a half or two minutes before the collision. If so her
course at the time would be about north-west and by west, that being the fair
course up that reach. Now the master and pilot of the "Morna" told us that, to
the best of their judgment, the course of the "Farnley Hall" at the time of the
collison was the same as that given by her own people, namely, N.W. or N.W. and
by W., but then they say that she was at the time heading for the south shore.
If so, seeing that N.W. by W. is a fair course up Limehouse Hole, the "Farnley
Hall" must, in order that she should have been heading for the south shore, have
starboarded her helm before she had rounded the point to such an extent that if
she had not been run into by the "Morna" she would have run on the south shore.
No reason is given for her taking so extraordinary a course, and to say the
least it is in the highest degree improbable.
But it appears to us that all doubt upon this point is set at rest by the
evidence of Captain Braine, the dock master at the Limehouse Dock. He tells us
that he was standing at the time upon the pier head, expecting two steamers up
to dock; that he saw the nose of the "Farnley Hall" first appear beyond the
point heading somewhere about north; that he saw her come round under her
starboard helm to about N.W., and then steady, heading fairly up the reach. He
also saw the bows of the "Morna" coming round the point, heading also about N.,
but as it appeared to him she was so close to the bank that she smelt the
ground, and ran over against her starboard helm across the river. If then we are
to believe Captain Braine's evidence, and I see no reason why we should not, it
is clear that the "Farnley Hall" had rounded the point not suddenly but
gradually, and in the usual and accustomed manner, and that she was heading up
the reach on a N. W. or N. W. and by W. course before the collision. And it is
for the "Morna," which was the overtaking vessel, to show why he did not keep
clear of her; and this in our opinion she has not done. It appears to us that
the collision is to be accounted for in one way, and in one way only, namely,
that the "Morna" was going at so great a rate of speed that there was not time
for her to avoid the "Farnley Hall," either by stopping and reversing, or by
passing under her stern.
That the "Morna" was going at great speed is abundantly proved by all the
evidence in the case. In the first place, we have the evidence of Captain
Jenkins, the harbour-master of Gravesend, who told us that he was coming up the
river on that day in charge of a wreck called the "Luna," and that the "Morna"
passed them off Cubitt Town Pier, and that he thought she was then going too
fast, it being, as we are told, the practice to slacken speed when passing a
wreck in the river. But the question is, at what rate was she approaching
Cuckold's Point? Until to-day the evidence on this point was somewhat
conflicting, the pilot of the "Morna" stating that she was going slow, whereas
the master said that she was at half speed. The question, however, has been
entirely set at rest by the evidence of the engineer of the "Morna," who told us
that the engines were going at half speed for five minutes before they were
reversed full speed just previous to the collision. Now we are told that the
"Morna" was so fast a boat that there was no vessel on the river that could pass
her; I think one of the witnesses said that her full speed was 15 knots an hour;
but all admit that her half speed was seven or between seven and eight knots an
hour. When therefore they were, according to their own admission, within two or
three ships lengths of the "Farnley Hall" they were going at the rate of seven
or eight knots an hour, and they were also close to the south shore. Being so
close to the south shore, and going at that great speed, what more natural than
that she should in attempting to round Cuckold's Point run against her starboard
helm across the river; and this is what the master himself said that she would
do, and was the reason why in rounding the Isle of Dogs he had put her down, not
to half speed, but to slow. What the master was attempting to do was to cut out
the "Farnley Hall" by going inside to the south of her. Owing, however, to his
being so near the south shore, and to his great speed, he shot across the stream
against his starboard helm, and so ran into her.
A very important question was raised in the course of the inquiry as to whether,
on the engines being reversed, a vessel's head would, when her helm was
hard-a-starboard, go off to starboard, even before she had got stern way. It is
a theory, which has been a good deal discussed of late and the master and pilot
of the "Morna" evidently came prepared to say that the engines had been reversed
and the helm starboarded with the view of throwing her head to starboard, and
thus passing under the "Farnley Hall's" stern, The story which they were
prepared to set up was that the manouvre of starboarding the helm and backing
astern, would have enabled them to clear the "Farnley Hall's" stern if the
latter vessel had not stopped suddenly. But in cross-examination the pilot, who
showed a remarkable ignorance as to the points of the compass, and as to the
chart, and who admitted that he did not at all know the speed of the "Morna"
either at full speed, half speed or slow, although he had piloted her a great
many times, was obliged to give up this pretty theory, and to admit that he had
starboarded and hard-a-starboarded before he ordered the engines to be reversed,
and that his intention in so doing was to pass to the southward, and on the port
side of the "Farnley Hall." He was also obliged to admit that when he ordered
the engines astern it was to stop her headway, and that as a matter of fact he
did not know and did not trouble himself much as to how her head would go.
Whether then this theory is or is not true, it has nothing to do with the
present case, and it was certainly not with the intention of going under the
"Farnley Hall's" stern that the helm of the "Morna" was put hard-a-starboard and
her engines reversed. If the "Morna's" head did pay off a point or so to the
northward just before the collision it is a matter of little moment, the true
cause of the collision in our opinion is that the "Morna" was going too fast,
and that she did not attempt to reduce her speed until she was too close to the
"Farnley Hall."
It seems to be admitted on all sides that the "Morna" was at the time entirely
under the control of the pilot, Henry Whittingham Allen, and that all the orders
were given by him both in regard to the course and speed of the vessel; and we
have, therefore, no hesitation in saying in answer to the first question which
has been submitted to us by the Board of Trade, that the collision was due to
his wrongful act and default, and that it was not in any way caused by any act
or default of anyone on board the "Farnley Hall."
In answer to the further question, whether those on board the "Farnley Hall" are
to blame for not having had a look-out stationed aft, the gentlemen by whom I am
assisted inform me that it is not usual, and in their opinion that it is not
necessary to have a look-out stationed aft on board of these vessels. She had a
good look-out forward, and that is all that is necessary under these
circumstances. No doubt if she had been going into dock, or stopping or altering
her course suddenly and unexpectedly, it would be the duty of the master or the
officer in charge to see whether or not there were any vessels astern, with
which she was likely to come into collision. But there was no such necessity in
this case. The "Farnley Hall" was following the usual and proper course in
rounding Cuckold's Point, and the "Morna" ought to have anticipated that she
would take this course, and not have attempted to cut in between her and the
south shore. She should have slackened her speed in time, and for not having
done so we hold her solely to blame.
We make no charge against the "Morna" that she was not keeping a good look-out
ahead. The only fault that we find with her is that she was going at too great a
rate of speed, and that that, and that alone, caused the collision.
I do not think that there is any other question on which you require the opinion
of the Court. The questions are rather long, but I think that I have in effect
answered them all?
Mr. Verney.-Yes, sir, I think you have entirely covered the ground.
The Commissioner.-You do not ask for any costs, do you P
Mr. Verney.-No, sir.
Mr. Clarkson.-My clients, sir, would like their costs.
The Commissioner.-Yes, I have no doubt they would, and I daresay they will get
them in the superior court.
(Signed)H. C. ROTHERY, Wreck Commissioner.
We concur.
(Signed)GEORGE H. FORSTER,Assessor.
"JOHN S. CASTLE,
I 101. 114. 70.-1/79, Wt. B 612, E. & S.
