(No. 361.)
"COMMISSARIAT."
The Merchant Shipping Acts, 1854 to 1876.
IN the matter of the formal investigation held at Newcastle-upon-Tyne, on the
21st of February 1879, before H. C. ROTHERY, Esquire, Wreck Commissioner,
assisted by Rear-Admiral POWELL, C.B., R.N., and Captain NICOLAS, as Assessors,
into the circumstances attending the stranding and loss of the steamship "
COMMISSARIAT," of Newcastle, near the Skaw, on the 6th of December 1878.
The Court, having carefully inquired into the circumstances of the
above-mentioned shipping casualty, finds, for the reasons annexed, that the
stranding and loss of the said vessel was due to an error committed by the
master in too hastily accepting the report of the second mate as to the distance
appearing by the log to have been run between 7 and 10 p.m. of the 6th of
December last, and to his having in consequence laid the vessel on a course to
the southward and eastward before he had fairly cleared the Skaw Point.
The Court is of opinion that, apart from not verifying the speed of the vessel
for that time, as he could and ought to have done, the master was not in any way
negligent of his duties, he laid the vessel on safe and proper courses, and he
did not neglect to use the lead, and took bearings of the lights whenever an
opportunity offered.
The Court accordingly returns to him his certificate.
The Court makes no order as to costs.
Dated the 21st of February 1879.
(Signed)H. C. ROTHERY.
Wreck Commissioner.
We concur in the above report.
(Signed)R. ASHMORE POWELL,Assessors.
"B. G. W. NICOLAS,
Reasons.
The Commissioner.-The "Commissariat" was an iron screw steamer belonging to the
Port of Newcastle, of 1,002 tons gross and 631 tons net register, and was fitted
with engines of 130 horse-power. She was built at Whiteinch, near Glasgow, in
the year 1870, and at the time of her loss was the property of Mr. Andrew Moore
Davidson, a Mr. James Guthrie Davidson, of No. 1, Cail's Buildings, Newcastle,
being the manager. She left Shields on the 4th of December last, bound to
Swinemund, and having a cargo of 1,040 tons of coals, and 21 hands all told. She
seems to have had three compasses, a steering compass, a compass on the lower
bridge, which was used as the standard compass for the navigation of the vessel,
and a compass on the upper bridge. On leaving the Tyne she was laid on a course
E. 1/2 N. until 8 a.m. on the 6th of December, when the ship was brought to and
soundings were taken, which gave 15 fathoms and coarse sand, showing, as the
master has told us, that she was off Hanstholm, but rather nearer to the shore
than he intended to be. The course of the vessel was accordingly altered to a
point to the northward, or to E. by N. 1/2 N. At 5 p.m., the vessel being still
on that course, Hirtshall Light was sighted, bearing S.E. 1/2 E., distant, we
are told, from six to seven miles, but this could only be a guess as they had no
cross bearings. At 6.15 p.m. a second bearing was taken of Hirtshall, and at the
same time the patent log was hauled in, which gave 32 miles as the distance run
from noon that day. At 7 p.m. Hirtshall Light bore S., and was supposed to be at
about the same distance; and the course was then altered to E. 3/4 N., and she
was continued on that course till 10 p.m., when the log was again hove, and we
were told that it gave 27 miles as the distance run since 6.15. Shortly after 10
soundings were taken giving 55 fathoms, upon which the course of the vessel was
altered to E.S.E. At about 10.45 the course was altered to S.E., and she was
kept on that course for about a quarter of an hour, for the purpose, as the
master stated, of sighting the floating light off the Skaw or Skagen. Another
cast of the lead was then taken, which again gave 55 fathoms, and at 11.10 the
engines were put at half speed, and a course S. by E. 1/2 E. was steered. Half
an hour afterwards breakers were observed ahead, upon which the second mate,
whose watch it was at the time, immediately ordered the helm to be put
hard-a-starboard, and telegraphed to the engine-room to turn the engines full
speed astern, but before they could act the vessel struck the ground. It seems
that the place where she stranded was a little to the westward of the Skaw
Lighthouse, on what is called the shoulder, but the weather at the time was so
thick with snow squalls that the breakers were not seen until they were close
upon them, and it was not until 4 a.m. of the following morning that the Skaw
Light became visible. After turning the engines astern for some time, and
finding that they did not move the ship, signals for assistance were made, and
the two lifeboats were put over the side and kept under the lee of the ship
ready for use in case of need. At 7 to 7.30 a.m. a lifeboat from the shore came
near, and in two trips succeeded in landing the whole of the crew, but the sea
was so rough that the lifeboat could not go alongside, and the men had to be
hauled through the water with a line. The vessel ultimately went to pieces, only
a few things having been saved from her.
Now the questions upon which the opinion of the Court has been asked are as
follows:-
"1. What was the cause of the stranding of the "Com" missariat " on the 6th day
of December last?
"2. Whether the stranding was caused by the wrongful " acts and defaults of
David Sutherland the master?
"(1.) In not setting safe and proper courses after taking " his departure from
Hirtshall Light on the said 6th of " December, having regard to the wind, the
currents, the " N.E. sea, and the weather?
"(2.) In neglecting to take all proper precautions for " ascertaining and
verifying the speed, and the position of " the vessel, before altering the
course to the southward at " about 11 a.m.
"(3.) In neglecting to remain on deck after 11.15. p.m., " at a time when, owing
to the thickness of the weather " and his uncertainty as to his position, the
safety of the " vessel required his personal supervision."
And lastly, the Board of Trade state that in their opinion the certificate of
the master should be dealt with.
And first, I should observe that the courses and bearings which we have given
are those stated to have been shown by the lower bridge or standard compass; and
as this compass had, we are told, on these courses a very slight deviation, not
more than a quarter of a point, and I think the master told us none at all, on
an E. course, we may assume that the courses and bearings are practically
magnetic; or nearly so. The wind, too, being from the N.N.E., and the current,
as we are told, taking the direction of the wind, neither the wind nor current
would have had much effect upon her in setting her in towards the shore, for
they would both be nearly end on to her, at all events from 8 a.m. to 7 p.m.,
when the vessel was heading E. by N. 1/2 N. The master, however, tells us that
he has allowed about a quarter of a point for the inset of the wind and current
from Hantsholm, and that that was why he laid the vessel on an E. by N. 1/2 N.
till 7 p.m. and from 7 to 10 p.m. on an E. 3/4 N. course.
Now the master has laid down on a chart exactly similar to the chart which he
had on board his course from 8 a.m., when he was off Hantsholm, first E. by N.
1/2 N. until Hirtshall Light bore S., then E. 3/4 N. for the distance supposed
to have been run from 7 to 10 p.m., then E.S.E. for about three-quarters of an
hour, then S.E. for a quarter of an hour, and lastly S. by E. 1/2 E. at half
speed for half an hour. Taking these courses, and the distances supposed to have
been run during the time, the vessel, when she was laid on a S. by E. 1/2 E.
course, would have been well clear of the Skaw or Skagen Point, and heading up
the Kattegat. As a matter of fact, however, we know that after standing on that
course for about half an hour she took the ground some distance to the west of
the Skaw Lighthouse; so that when the master laid her head to the southward and
eastward she had not run nearly so far as he expected. Let us endeavour to
ascertain where the mistake arose.
I have already stated that when the log was hauled in at 6.15 p.m. it gave 32
miles, and as it had been set at noon, that gave as nearly as possible five
knots an hour. When it was hove at 10 p.m., the master tells us that the second
mate, who hove it, reported 27 miles, that is to say, 27 miles from 6.15, or at
the rate of a little over seven knots an hour. Mr. Roche, who has conducted this
case very ably and very properly on the part of the master, candidly admitted
that there were no circumstances either of wind, weather, or current, or indeed
anything else, which should have lead the master to suppose that the speed of
the vessel was greater after than it had been before 6.15. p.m., and yet he
assumes from the report of the second mate as to the distance recorded by the
patent log at 10 p.m., that she had been running at the rate of seven knots an
hour, when he knew that for the 6 1/4 hours before she had been going at only
five knots an hour. He had literally nothing except the report of the second
mate to lead him to suppose that she could have been making seven knots an hour,
whereas there was a good deal, if he had thought of it, to show him that she
could only be going five knots as well before as after 6.15 p.m. In the first
place, we have the fact that the log when hauled in at 6.15 p.m. showed that for
the 6 1/4 hours previous she had been running at about five knots an hour. That
this correctly indicated the distance run is strongly confirmed by the bearings
taken of Hirtshall Light. I have stated that at 8 a.m. soundings were obtained,
which showed him that he was off Hantsholm, distan according to the chart some
eight or nine miles. From there an E. by N. 1/2 N. course is steered till 7
p.m., when Hirtshall is observed bearing S. Now if a line be drawn on the chart
from a point off Hantsholm in an E. by N. 1/2 N. direction to a point due N. of
Hirtshall Light, and at a distance of seven or eight miles from it, we shall
find that line to be just 55 miles, showing the distance run from 8 a.m. to 7
p.m., or during those 11 hours, to be at the rate of five miles an hour. Again,
we are told that Hirtshall Light bore S.E. 1/2 E. at 5 p.m., and at 7 p.m. it
bore S., distant, we are told, from six to seven miles, and as the vessel was
during all this time on an E. by N. 1/2 N. course, we shall find that the
distance between these two bearings is exactly 10 miles, or again five miles an
hour from 5 to 7 p.m. There was everything then to make the master distrust the
report of the second mate as to the distance run after 6.15 p.m., first there
was the speed of the vessel up to that time'; secondly, the relative bearings of
the vessel at 8 a.m., at 5 p.m., and at 7 p.m.; and lastly, the fact that there
was nothing to show that the vessel had been going faster after 6.15 p.m. than
before.
Now if we suppose that the vessel's speed was five knots an hour as well after
as before 6.15 p.m. everything is clear, and we have no difficulty in
understanding how it was that she came to run upon the Skaw. At 7 p.m. we know
that Hirsthall bore S., distant about six to seven miles; of this bearing the'
master said that he was quite positive. From there she was steered on an E. 3/4
N. course for three hours; and if we put her 15 miles on that course instead of,
as the master has done, 21 miles, and then steer for three-quarters of an hour
E.S.E., after that for a quarter of an hour S.E., and then for half an hour S.
by E. 1/2 E. at half speed, it will bring us as nearly as possible to the spot
where we find the ship grounded, a little to the west of Skaw Lighthouse. This
then appears to us to be the cause of the stranding of this vessel, namely, that
the master erroneously supposed on the report of the second mate that the
distance run from 7 p.m. was greater than it really was, he supposed that it was
21 miles whereas in fact it was only 15 miles; and the result was that when he
laid his head to the southward and eastward instead of being as he supposed he
was round the Skaw Point he had not yet reached it.
But apart from the error which the master committed, in accepting too readily
the report of the second mate that she was going at the rate of seven knots an
hour, and in not verifying the speed of the vessel by seeing what she had been
running before, and by the bearings of Hirtshall Light, we cannot see that this
master has been to blame in any other respect. The courses which he laid appear
to us to have been very safe and proper courses, apart of course from the
estimate of the distance run from 7 to 10 p.m.; he seems to have shown every
desire to verify his position by taking soundings, first at 8 a.m., then at 10
p.m., and again at 11 p.m., and by taking bearings of Hirtshall Light at 5,
6.15, and 7 p.m. No doubt it would have been better if he had remained on deck
till he had sighted either the light at Skaw or the floating light off the
point; but he seems to have thought that he had got quite clear of them, and so
he would have done had he run 21 miles from off Hirtshall instead of only 15
miles. And had he really rounded the point and been in the fairway up the
Kattegat, it would have been a right and proper thing for him to have gone down
into his cabin to get a little rest, knowing that before long he would be in
waters where the navigation of the vessel would require his constant and most
careful attention. I should add that the soundings which he got at 10 and at 11
p.m. were equally consistent with his having run 15 or 21 miles; in both
positions he would have the same soundings; it was only when within a very short
distance of the land that he would be in less than 40 fathoms.
On the whole then we are disposed to take a lenient view of this gentleman's
case, and to hold that the casualty was due rather to an error of judgment than
to any neglect or dereliction of duty on his part. He did not lay wrong courses,
he did not neglect the lead, he did not omit to take bearings of the lights at
every convenient opportunity; his only mistake seems to have been in acting too
hastily upon the report of the second mate that the vessel was going at the rate
of seven knots an hour, and in not verifying her speed by the distances
previously run. We shall therefore return to him his certificate, trusting that
this case will be a sufficient warning to him to be more careful in the future.
The Board of Trade, I presume, do not ask for any costs?
Mr. de Hamel.-No, sir.
(Signed)H. C. ROTHERY,
Wreck Commissioner.
We concur.
(Signed)R. ASHMORE POWELL,Assessors.
"B. G. W. NICOLAS,
I 101. 204. 70.-3/79. Wt. B 612. E. & S.
