(No. 367.)
"C. S. BUTLER," (S.S.)
The Merchant Shipping Acts, 1854 to 1876.
IN the matter of the formal investigation held at Westminster, on the 14th day
of January 1879, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by
Captain PICKARD, R.N., and Captain BEASLEY, as Assessors, into the circumstances
attending the stranding and loss of the British steamship "C. S. BUTLER," on the
north end of the Hasborough Sand, on the 19th December last, whilst on a voyage
from Newcastle to London.
The Court, having carefully inquired into the circumstances of the
above-mentioned shipping casualty, finds, for the reasons annexed, as follows,-
1. That the said vessel was steered too much to the eastward after passing the
Dudgeon Lightship.
2. That she was navigated at too great a rate of speed, to wit, at 8 knots an
hour, for the whole time from 2.20 to 6.20 p.m., having regard to the foggy
state of the atmosphere, which rendered it impossible for them to see the lights
of the Hasborough Lightship, although they passed within about a mile of it, or
the breakers on the Hasborough Sand until she was close upon them.
3. That there is no reason to suppose that a good lookout was not kept on board
the vessel.
4. That when the vessel had run the distance from the Dudgeon to the Hasborough
Lightship, and the lights of the latter were not seen, a cast of the lead should
have been taken in order to ascertain the vessel's true position.
5. That the casualty was due entirely to the wrongful acts and defaults of John
Copeman, the master of the "C. S. Butler."
The Court accordingly suspends the certificate of the said John Copeman for six
months from this date, but recommends that during the period of such suspension
he should be allowed a first mate's certificate.
The Court makes no order as to costs.
Dated the 14th day of January 1879.
(Signed)H. C. ROTHERY, Wreck Commissioner.
We concur in the above report.
(Signed)BENJ. S. PICKARD, R.N.,Assessors.
"THOS. BEASLEY,
Reasons.
The Commissioner.-The "C. S. Butler," an iron screw steamship of 760 tons gross
and 516 tons net register, and fitted with engines of 90 horse-power, was built
at Jarrow, in the county of Durham, in the year 1865; and at the time of the
casualty which forms the subject of the present inquiry she was the property of
Mr. Stephenson Clark, of No. 4, St. Dunstan's Alley, Cornhill, and a number of
other persons, Mr. Stephenson Clark being the managing owner. She left Newcastle
at 6 p.m. of the 19th of December last bound to London, with a crew of 17 hands
all told, and having on board a cargo of 900 tons of coal, and appears to have
been in good condition, and in every way well fitted for the voyage. She was
steered from amidships, and had two compasses, one on the bridge, just forward
of the midship wheel, which was used as the standard compass, and another before
the wheel aft. On leaving Newcastle she encountered a heavy sea from the
eastward, and there was a fresh breeze from the north-east. Nothing particular
occurred until 2.20 p.m. of the following day when she passed the Dudgeon
Lightship bearing W. by S., distant from 4 1/2 to 5 miles. She was then steered,
as we are told by the master, S. and by E., by the standard compass, but as the
standard compass had a westerly deviation of a quarter of a point that would be
equivalent to a course S. and by E. 1/4 E. magnetic. Just before 4 p.m. they
entered a fog, and it being the chief mate's watch, the engines were by his
orders slowed. At 4 the master came on deck and relieved the chief officer, who
then went below. The master has told us that on coming on deck he altered the
vessel's course to S. 1/2 E. by the standard compass, or, allowing for a quarter
of a point of deviation, to S. 3/4 E. magnetic; and that the engines were kept
going easy from that time till about 5, when the fog having cleared a little
they were put on for about a quarter of an hour at full speed, but the weather
having again become foggy, they were again eased down, and continued going easy
until 6 o'clock. At 6 the engines were again put on full speed ahead, and in 20
minutes from that time the lookout man reported "Breakers ahead." Orders were at
once given to stop and reverse full speed, but the vessel almost immediately
afterwards took the ground; within a minute, according to the master, after
breakers had been reported. The place where she took the ground was afterwards
ascertained to be about two miles or rather more S.E. by S. of the Hasborough
Lightship. Various attempts were made to get her off, but as the tide was
falling she remained fast. On the rise of the tide the attempts were renewed,
but without success, and at 9 a.m. of the following morning the master and crew
abandoned her. Shortly afterwards they were picked up and were landed the same
day at Yarmouth, and the vessel ultimately became a total wreck.
As to what was done after the stranding, no blame seems to attach either to the
master or to anyone on board; they all seem to have done their best to get the
vessel off. The sole question is as to how she got aground, and as to this there
are some matters, which, to use Mr. Oliver's words, it is very difficult to
explain. And first, as to the vessel's speed. According to the "North Sea Pilot"
the Dudgeon Light-vessel bears N.W. 7/8ths N. from the Hasborough Light-vessel,
distant 29 1/2 miles, and as the vessel when she took the ground had passed the
Hasborough Lightship at least two miles, she must, between 2.20 and 6.20 p.m.
have gone nearly 32 miles over the ground, or at the rate of 8 miles an hour for
the whole time. Now the master told us that from 4 to 6 p.m. they were going
easy except for about a quarter of an hour at about 5, so that for one hour and
three quarters out of the four hours they were going easy. He has told us that
when going at full speed she made only 6 knots, and at easy, only 3 knots an
hour. How then are we to account for this vessel having got, between 2.20 and
6.20 from the Dudgeon Lightship to the place where she took the ground, a
distance of 32 miles, and this too against an ebb tide, which sets to the N. by
W. for a great part of the time, for it was high water on that day at about 4
p.m.? In no other way can we explain it than by supposing that during the whole
time from 2.20 to 6.20 she must have been going at full speed, which we are told
by the owners of the vessel was 8 knots an hour, and not 6 knots as the master
has stated. Moreover, it is to be observed, that the only evidence we have that
she was going easy from 4 to 5 and from about a quarter after 5 to 6 comes from
the master, for not a witness has been examined who was on deck between 4 and 6.
The only witnesses produced before us by the Board of Trade besides the master
were the chief mate, chief engineer, and the men who were at the wheel and on
the look-out from 6 to the time of the stranding, but none of these were on duty
from 4 to 6. Neither the second mate, nor the second engineer, who were on duty
from 4 to 6, have been produced by the Board of Trade, nor have they been
produced by Mr. Oliver who has appeared for the master. The only conclusion,
therefore, to which we can come is that the master was not speaking the truth
when he told us that he was going easy from 4 to 6 with the exception of a
quarter of an hour. In no way can we account for his having got over the ground
in the time, except on the assumption that he must have been going at the rate
of S knots an hour the whole way.
Another point which it is equally difficult to understand is how the master came
to get ashore where he did on Hasborough Sand if he steered the courses which he
says he did. He told us that after passing the Dudgeon he steered S. by E. by
the standard compass, or allowing a quarter of a point westerly deviation, S.
and by E. 1/4 E. magnetic, till 4, when he changed the course to S. 1/2 E. by
compass, or S. 3/4 E. magnetic. I desired him, however, to lay down these
courses on the chart, and on doing so he was obliged to admit that they would
have landed him on the Norfolk Coast near the Hasborough Shore Light. Instead of
that, however, we find the vessel at 6.20 on the Hasborough Sand some 7 miles
away from the coast. How then are we to account for this, except upon the
assumption that the master has not given us correctly either the courses steered
or the deviation of his compass. Moreover, it is to be observed that the proper
course from 4 1/2 to 5 miles east of the Dudgeon to make the Hasborough
Lightship would be S.S.E. 1/4 E., and not S. by E. 1/4 E., or S. 3/4 E. The
evidence as to the courses steered also from 4 to 6 comes entirely from the
master, and the amount of the compass deviation rests upon his unsupported
testimony.
Now the first question upon which our opinion is asked is, whether the stranding
of the "C. S. Butler" was caused by an improper course having been steered, and
there can be no doubt that it was. It is clear that she did not steer from the
Dudgeon either S. by E. 1/4 E., or S. 3/4 E., as the master says he did, for
that would have landed him on the Norfolk Coast. His proper course from off the
Dudgeon Lightship should have been S.S.E. or S.S.E. 1/4 E. What course he really
steered he has not told us, but whatever it was, it was not the proper course to
have taken him through the Wold to the westward of Hasborough Sands.
The second question is, whether the casualty was caused by the speed of the
vessel having been too great? And we certainly think that it was. We think that
it is clear that from 2.20 to 6.20 p.m., when she stranded, the vessel was going
at her utmost speed, that is to say at 8 knots an hour the whole way, which,
considering the admittedly foggy state of the atmosphere at the time, was a
reckless and improper speed.
The third question is, whether the casualty was caused by a proper look-out not
having been kept on board the vessel? Now we have no reason to think that a
proper look-out was not being kept on board this vessel, for although they must
undoubtedly have passed very close to Hasborough Lightship, within a mile of it,
it is quite possible that they might not have been able to see it, owing to the
foggy state of the weather at the time. But this only shows how utterly improper
and reckless it was to have gone at such a speed in such weather.
The fourth question is, whether the casualty was caused by the lead not having
been properly or sufficiently used? No doubt the master should have known, I
will add must have known, what the speed of his vessel was, and that he was
nearing the Hasborough Lightship, and not seeing the light, it undoubtedly was
his duty to have brought his vessel to, and to have taken soundings so as to
have ascertained his position exactly. Of course if he had been sure that he was
far away to the northward of the Hasborough Sand, as he tells us that he thought
he was, there would have been no such urgent necessity to take a cast of the
lead, but we do not believe that he thought anything of the kind. He must or
ought to have known that he was approaching Hasborough Sand, and it was his duty
therefore to have taken a cast of the lead.
The fifth question is, whether in refernce to any or all of these matters the
casualty was caused by the acts or defaults of the master, John Copeman? Now we
think that the master was solely responsible for the stranding of this vessel it
was he who gave the course from the Dudgeon Light, it was he who altered that
course at 4 o'clock, and it was by his direction that the vessel was kept at the
speed at which she was, and he was on deck from 4 p.m. until she stranded. We
have, therefore, no hesitation in saying that he is alone responsible for the
stranding of this vessel, and that his conduct throughout has been reckless in
the extreme.
It only remains for me to say what ought to be our decision as regards this
master's certificate. Mr. Oliver has said that he has been in the service of the
same company for a period of 4 1/2 years, of which he was for three years and
three months acting as chief mate, and for the last 14 months as master. Mr.
Oliver has also said that he is a young captain, and that the act which he has
committed was rather an error of judgment, and does not therefore call for any
very severe punishment from the Court. But on this we cannot agree with him, we
think that it was not a mere error of judgment, but rather reckless conduct, by
which he has lost a valuable ship and cargo, and endangered the lives of all on
board. It is true that he is but a young captain, but he seems to be wanting in
those qualities which are essential to the master of a ship, and we think that
it will be better that he should return for a time to the position which he
previously held, namely, that of first mate. For my own part I feel so strongly
the impropriety of this master's conduct that I should have been disposed to
punish him more severely than the assessors are inclined to do, but in deference
to their better judgment we shall suspend his certificate fur only six months.
We shall at the same time recommend the Board of Trade to grant him a first
mate's certificate during the suspension of his master's certificate.
(To Mr. Digby.) You do not ask for any costs, do you?
Mr. Digby. No, sir.
(Signed)H. C. ROTHERY, Wreck Commissioner.
We concur.
(Signed)BENJN. S. PICKARD, R.N.,Assessors.
"THOS. BEASLEY,
I 101. 139. 70.-1/79. Wt. B 612. E. & S.
