Wreck Report for 'Augusta' and 'Flying Hurricane', 1879

(No. 411.)

"AUGUSTA," (S.S.), and "FLYING HURRICANE," (S.S.)

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal investigation held at the Town Hall, North Shields, on the 17th and 18th of March 1879, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Captain H. D. GRANT, C.B., R.N., and Captain BEASLEY, as Assessors, into the circumstances attending the stranding and loss of the steamship "AUGUSTA," of Bristol, whilst in tow of the steamship "FLYING HURRICANE," of Glasgow, on Tory Island, county Donegal, and also into the circumstances attending the stranding and loss of the said steamship "FLYING HURRICANE," on the said island, on the 14th of February 1879.

Report of Court.

The Court, having carefully inquired into the circumstances of the above-mentioned shipping casualty, finds, for the reasons annexed,-

1. That the stranding and loss of the said vessels was due to their having been laid from Aranmore Point on a course, which, after making allowance for leeway, and for the set of the current, would almost necessarily take them on Tory Island.

2. That the said stranding was due to the wrongful acts and defaults of Charles Jordan, the master of the "Augusta," and of John Leitch, the master of the "Flying Hurricane," neither of whom, however, holds any certificate.

(1.) Of the said Charles Jordan in trusting entirely to the guidance of the master of the tug, and in neglecting to verify his position either by an examinatiou of his chart and directions, or by taking the bearings of Tory Island Light.

(2.) Of the said John Leitch, in volunteering to navigate the vessels through a difficult and dangerous channel, with which he was not thoroughly acquainted, and in proceeding on his course without knowing his position, and without being warned by the bearing of the Tory Island Light.

The Court makes no order as to costs.

Dated the 18th day of March 1879.

 

(Signed)

H. C. ROTHERY, Wreck Commissioner.

We concur in the above report.

 

(Signed)

HENRY D. GRANT,

 

 

 

Captain, R.N.,

Assessors.

 

"

THOS. BEASLEY,

 

MINUTES of PROCEEDINGS taken before HENRY CADOGAN ROTHERY, Esq., Wreck Commissioner, and Captain H. D. GRANT, C.B., R.N., and Captain BEASLEY, Assessors, at the Town Hall, North Shields, Tuesday 18th March 1879, upon an inquiry into the stranding of the "AUGUSTA" and "FLYING HURRICANE."

Mr. de Hamel appeared for the Board of Trade.

Mr. Roche appeared for the master of the "Augusta."

Mr. Kidd appeared for the owners of the "Augusta."

Mr. de Hamel was heard to open the case on behalf of the Board of Trade, and called evidence. At the conclusion of the evidence Mr. de Hamel read and handed in a copy of the questions submitted for the opinion of the Court.

Mr. Roche was heard for the master of the "Augusta."

Mr. Kidd for the owners.

Mr. de Hamel was heard in reply.

Judgment.

The Commissioner.-This is an inquiry into the stranding of the screw steamship "Augusta" and the steam tug "Flying Hurricane," on Tory Island, on the 14th February last. The circumstances of the case are as follow:-

The "Augusta" was an iron screw steamship, belonging to Middlesborough, of 277 tons gross and 188 tons net register, and was fitted with engines of 50 horse-power. She was built at Middlesborough in the year 1857, and at the time of her loss was the property of Messrs. Hannay, Anderson, and Company, of that place. In the month of February last the "Augusta" was lying at Sligo, where she had been detained by order of the Board of Trade, on account of the condition of her boilers; and it was determined by the owner to have her towed to Glasgow for the purpose of having new engines and boilers put into her Accordingly the steam tug "Flying Hurricane," a vessel of 121 tons gross and 17 tons net register, fitted with engines of 60 horse-power, and belonging to Messrs. Kidston and Company, of Glasgow, was sent to Sligo, for the purpose of bringing her round. The two vessels left Sligo at about 10.30 a.m. of the 14th February, the "Augusta" although in tow of the "Flying Hurricane," having her steam up and using her own engines. It had previously been blowing very hard, but when they left, the wind, which was from about S.E., had moderated; there was, however, a heavy sea still running. They proceeded on their voyage making about 7 1/2 knots an hour, passed Rathlin O'Birne and Green Island, and at 6.30 p.m., were off the N.W. point of Aranmore. What course was steered from this point is a question which will have to be carefully considered; but about 9 o'clock the same evening both vessels ran nearly at the same moment on Tory Island, an island lying off the N.W. Coast of Ireland, and about 2 1/2 miles long from east to west. The place where they grounded was on the south side of the island, and about half a mile from its western extremity. In a short time the crews had to abandon them, and succeeded in reaching the shore in safety, but the vessels went to pieces.

After the whole of the witnesses had been examined, Mr. de Hamel, on behalf of the Board of Trade, asked for the opinion of the Court on the following questions:-

" 1. What was the cause of the stranding of the steam- " ship 'Augusta' and the 'Flying Hurricane' on Tory " Island on the 14th of February last?

"2. Whether the stranding of the said vessels was caused " by the wrongful acts and defaults of Charles Jordan, the " master of the 'Augusta,' and John Leitch, the master of "the 'Flying Hurricane.'"

" (1.) As regards the master of the 'Augusta.' In neg- " ligently navigating his vessel, to wit, in trusting to the " guidance of the tug, and in neglecting to set any course, " or to give the master of the tug any directions thereon; " and in neglecting to verify the position of his vessel " either by a proper examination of his chart, or by taking " bearings of the lights, or a cast of the lead?

"(2.) As regards the master of the 'Flying Hurricane.' " In neglecting to take any precautions to verify the " position of his vessel, and in neglecting to lay off his " courses on the chart, or to make any allowance for the " influence of the wind and tide?"

First then as to the cause of the stranding, as to which I think that we shall not have much doubt. All the witnesses agree that they passed the N.W. point of Aranmore at 6.30 p.m. at the distance of about a mile. Taking then this as our point of departure, let us see what courses were steered from this point. Mr. Ling, the chief officer of the "Augusta," who was in charge of the deck from 6 to 8 o'clock, told us that after passing Aranmore, and until he went below at 8 o'clock, the course steered was E.N.E.; and that at 7.30 p.m. the Tory Island Light was sighted bearing half a point on the port bow, but that no alteration was then made in the course. This evidence was confirmed by Captain Jordan, the master, who said that they steered an E.N.E. course till about half-past eight, when the vessel was hauled up half a point to the east. It is true that the master, towards the close of his examination, made a somewhat different statement as to the courses steered, but that was only after he had discovered that the courses which he had at first given would not take him clear of Tory Island. Then there is the evidence of Daniel O'Donnell, who was at the helm of the "Augusta" from six to eight, and of John Barron, the boatswain, who relieved him at 8 o'clock, which is practically to the same effect, except that they tell us that it was at half-past seven, not at half-past eight, and immediately after sighting Tory Island Light, that the course was altered half a point to the east, or to E. by N. 1/2 N.

Turning now to the evidence from the "Flying Hurricane," we have the mate, Malcolm McAllister, who tells us that the course steered after passing Aranmore until seven, when he went below, was N.E. by E. 1/2 E., or half a point more to the north than that stated by the witnesses from the "Augusta." On the other hand, Duncan Keith, the man who went to the wheel at 7 o'clock, tells us that the orders he received were to steer E.N.E., and that he did so until shortly before the stranding, when the vessel's head was laid much more to the east. As to the evidence of John Leitch, the master of the "Flying Hurricane," it was so clearly untrue that no reliance whatever can be placed upon it. He told us that after passing Aranmore Light they steered for two miles E. by N. 1/2 N., after which the course was altered to E. by N., and shortly afterwards to E. 1/2 N.; but if these courses be laid down on a chart, taking our departure at one mile from Aranmore Point, it will be seen that it takes us to the east of the Stag Rocks, and ultimately lands us on the Irish Coast, inside of the Bloody Foreland. Rejecting then this last man's evidence as being utterly untrustworthy, I think that the fair inference to be drawn from the evidence of the witnesses both from the "Augusta" and the "Flying Hurricane" is that the course steered from Aranmore Point was at first E.N.E., and that that course was subsequently altered half a point to the east, but whether this occurred at 7.30 p.m. when the light on Tory Island was first sighted from the "Augusta," or according to the evidence of the master of the "Augusta," not until 8.30, may be open to some doubt.

That an E.N.E. course was steered for a considerable time after passing Aranmore is also consistent with the evidence as to the direction in which Tory Island Light was seen. According to the mate of the "Augusta," who tells us that he took the bearings of the light, it bore half a point on the port bow when he first sighted it at 7.30 p.m., or, as he tells us, in a direction N.E. by E. 1/2 E. The captain says that when he saw it it bore a point on the port bow, but he was not on deck until after 7.30, and if he only took the bearings of the light at 8.30, when, as he tells us, he altered the course half a point to the east, it would then no doubt bear a point on the port bow. This may easily be seen by laying an E.N.E. course on a chart from a mile off Aranmore, and after running a distance of 7 1/2 miles, which is what we are told the vessel ran between 6.30 and 7.30, it will be seen that Tory Island Light would then bear half a point on the port bow, which is the direction in which the mate of the "Augusta" says that he saw the light. If, however, the E.N.E. course is continued for another hour, Tory Island Light would then bear one point on the port bow, which is the direction in which the master of the "Augusta" says he saw it. Everything then seems to show that those were the courses steered by the vessels.

Now let us take a chart and lay down an E.N.E. course on it from a mile off Aranmore Point; then, after running on that course for an hour at the rate of 7 1/2 miles, let the course be altered half a point to the east, and we shall find that it will take us just clear of the eastern extremity of Tory Island. On the other hand, if we continue the course for two hours, running during that time 15 miles, and then alter the course half a point to the east, it will land us on the island itself. If then we take the statement of the master of the "Augusta," supported as it is by that of the mate, that an E.N.E. course was continued for two hours, and that then the course was altered half a point to the east, we shall find, if those courses were made good, that they would land the vessel on Tory Island; if, on the other hand, we take the evidence of the two men who were at the wheel of the "Augusta," that the course was altered one hour after passing Aranmore Point, it would certainly take her clear, but only just clear of the island.

It may be said, however, that no allowance has been made for leeway or for the set of the tide. It appears that the wind, which at first starting had been from the S.E., gradually came round more to the west, but that it never went further than S. by W.; consequently, after passing Aranmore Point, they would always have had the wind on the starboard side, and as the "Augusta" had a fore and aft foresail, a fore and aft mainsail, and a mizen set, any leeway which they might make would be to the west and toward Tory Island. As to the effect which the tide would have upon the vessels, we were told by the master of the "Augusta" that when they took the ground it was about half flood. Now the instructions on the Admiralty chart tell us that the stream generally turns to the east at about one-third flood; before that it would run to the westward. Consequently they would have had the stream setting them to the east for the last hour before they grounded, but previous to that it would be running to the west. We do not therefore think that the tide would have had much effect in setting the vessels either one way or the other, the more so as it was nearly dead neap. We think that there is quite enough in the courses steered, and the leeway which they would have from the wind being on the starboard side, to account for the vessels grounding where they did on Tory Island.

The next question then which we have to consider is with whom the responsibility for the navigation of these vessels rests. It seems that before leaving Sligo it was agreed between the two masters that as the master of the "Flying Hurricane" had already made the passage round the north of Ireland several times, he should lay the course. and that the "Augusta" should follow in her wake. Accordingly we find that the only directions given to the men at the helm of the "Augusta" were to follow the tug, keeping her a little on the starboard bow. Both the masters admitted that this was the arrangement between them, but the master of the steam tug stated that he had expected that if he made any mistake the "Augusta" would signal to him and put him right, thus in a measure shifting the responsibility from himself. Now it has been laid down on very high authority that when a vessel is being towed the responsibility for the navigation must rest with the vessel towed, and that a steam tug is to be regarded simply as the servant of the vessel which she is towing. The master of the "Augusta" therefore cannot shift from himself the responsibility for the proper navigation of his vessel, it was his duty to see that she was being kept on a safe and proper course, and yet what directions does he give? He orders the men at the wheel, as we have seen, simply to follow the tug; he gives them no course, but merely tells them to keep the tug a little on the starboard bow. He seems to have surrendered himself absolutely to the guidance of the master of the tug, a man who, as the event has shown, was utterly ignorant of the proper course to be steered.

The master of the "Augusta" told us that he from time to time verified the position of his vessel on the chart; but we very much doubt whether he could have done so, for if he had it would undoubtedly have shown him that he was running upon Tory Island. Indeed, the hearing of Tory Island Light ought to have shown him that he was running into danger. He tells us that as they approached the island he did not know whether they were going to the eastward or to the westward of the island, not a very proper frame of mind for a man with whom the responsibility for the proper navigation of the vessel rested. That the vessels, too, were heading direct for Tory Island for some time before they grounded is clear from the evidence of the witnesses Robert Doherty and Daniel O'Donnell. These two men told us that they came up on deck at about half-past 8 o'clock, only half an hour before they grounded, to see on which side of the island they were going, and one came to the conclusion that they were going outside, the other that they were going inside the island, a pretty clear proof that they must then have been heading straight for the island.

Now it was said by Mr. Roche that the master would naturally go inside the island, as it would be shorter, and would at the same time shelter him from the heavy sea that was then running. No doubt this would be so, but then a man has no right to take his vessel through a dangerous channel at great risk to the property and to the lives of those on board, unless he has a fair knowledge of the navigation. Mr. Roche brought in the sailing directions which the master had on board at the time, and which are those attached to Imray's Chart of the Coasts of Ireland, and he called our attention to page 75, where it speaks of Tory Island, with a view I presume of showing that there was no great danger in going between the island and the mainland. If, however, he had referred to page 82 of the same work he would have found the following passages: "General directions for " making and sailing along the North Coast of Ireland. " Vessels homeward bound with westerly winds should " endeavour to make the fixed light on Tory Island off " the north-western extremity of Ireland, and pass outside " that island in order to be more out of the influence of " the tides, and clear of the dangers of the coast; for as " these winds are generally accompanied by heavy seas " and thick weather, they might be perplexed in Tory " Sound during the night, indeed it often happens that " the winds become baffling, with a short chopping sea, " between Tory Island and the main." And a little lower down it thus proceeds: "When working along shore with " easterly or south-easterly winds, shipmasters should " carefully attend to the tides, and not allow themselves " to be carried too close, particularly between Bloody " Foreland Point and Lough Swilly; nor should they " work through Tory Sound by night in winter, because " the winds are often very variable there, and raise a cross " heavy sea."

If this master had looked at his directions he would Have seen that he was warned against going through Tory Sound, especially "by night and in winter," and yet he readily consents to go through it, although entirely ignorant of the navigation, trusting to the assurances that he had received from the master of the tug of his knowledge of the locality, and without taking any steps to verify the position of his vessel, although the bearing of the Tory Island Light should have shown him that he was heading directly for the land.

As to the master of the "Flying Hurricane" he seems to have persuaded the master of the "Augusta" that he had a knowledge of the course to be steered, and that he was quite familiar with the navigation. We can have no doubt as to what reliance should be placed on this gentleman's word, after the account which he gave us of the courses steered after passing Aranmore Point, and which, if they had been really steered would undoubtedly have landed them very shortly on the mainland of Ireland. As to his knowledge generally of navigation, we may perhaps be able to form some notion from the answers which he gave to the questions put to him by the Court as to the bearing of the light on Tory Island. He told us that it bore two points on the port bow, and on being asked in what direction that would be he said at first west, then S.W., then W.S.W., the course of this vessel being, according to his own account, E. 1/2 N. It was quite impossible to place any reliance on what this man said.

It appears to us that both these masters are very greatly to blame, and that they have both largely contributed to this casualty; the master of the "Flying Hurricane" in volunteering to take this vessel through a dangerous channel, when in fact he was totally ignorant of the navigation, and in proceeding without paying any attention to the course and position of the vessels or to the bearing of Tory Island Light; the master of the "Augusta" in trusting himself to the guidance of an incompetent person, in not verifying his position from time to time, and in not seeing that the vessels were being taken on a safe and proper course.

These two masters hold no certificates, had they done so the Court would have felt itself bound to deal with them. If, however, owners will entrust their vessels to masters without certificates, and so utterly incompetent as these men appear to be, it is a matter which they must settle with their underwriters. (To Mr. de Hamel.) Do you ask for any costs?

Mr. de Hamel.-In this case neither of the masters has any certificate, but both appear to have contributed to or to have caused the stranding of both of these vessels. I must, therefore, leave it to the Court to say whether it will give costs to the Board of Trade against them.

The Commissioner.-Mr. de Hamel has stated that he will leave it to the Court to say whether or not any costs should be given against these masters. If they had held Board of Trade certificates, although we might have suspended them, we should probably not have condemned them in costs, and I do not think that the fact that they do not hold certificates ought to make any difference in our judgment. There will, therefore, not be any costs in this case.

 

(Signed)

H. C. ROTHERY, Wreck Commissioner.

We concur.

 

(Signed)

HENRY D. GRANT,

 

 

 

Captain, R.N.,

Assessors.

 

"

THOS. BEASLEY,

 

L 447. 70.-4/79. Wt. 299. E. & S.