(No. 885.)
"ACTIVE." (S.S.)
The Merchant Shipping Acts, 1854 to 1876.
IN the matter of a formal Investigation held at the Grand Jury Room, in the Town Hall, in Swansea, on the 27th and 28th days of January 1881, and the 3rd and 4th days of February 1881, before JOHN COKE FOWLER, Esquire, Stipendiary Magistrate for Swansea, assisted by Captains CASTLE and KENNEDY, into the circumstances attending the loss of the British steamship "ACTIVE," of Newcastle, about 200 yards off the Maenheere, on or about the 4th of January 1881.
Report of Court.
The Court, having carefully inquired into the circumstances attending the above-mentioned shipping casualty, finds, for the reasons stated in the annex thereto:—
1st. That the cause of the loss of the "Active" was by the striking on a ledge of rocks extending from 100 to 150 yards, or possibly further, southward of the Maenheere rocks.
2nd. The master was not justified in passing so near the rocks.
3rd. The course steered from the Runnelstone appears to have been a proper one; but when the master saw how near he was approaching the rocks, he should, in the opinion of the Court, have steered the ship more to the southward.
4th. The master does not appear to have made any allowance for the tide; had he done so, he would not have attempted to pass so near the rocks, as it was nearly low water at the time.
5th. A previous answer meets this question.
6th. We do not consider it was necessary to use the lead under the circumstances.
7th. There was a good and proper look-out.
8th. The Court finds she was not navigated with proper and seamanlike care.
The master's certificate is dealt with, and is suspended for three calendar months from this date.
Dated this 4th day of February 1881.
(Signed)
JNO. COKE FOWLER, Judge.
JOHN S. CASTLE,
Assessors.
H. C. KENNEDY,
Annex to the Report.
This case was heard at the Grand Jury Room, in the Town Hall, Swansea, on the 27th and 28th days of January, and the 3rd and 4th days of Febuary 1881, when Mr. Edward Strick appeared for the Board of Trade. The master was present, and represented by Mr. Whyndham Lawrence. Ten witnesses were examined by Mr. Strick on behalf of the Board of Trade, and the opinion of the Court was asked upon the following questions, viz.:—
1st. What was the cause of the loss of the "Active?"
2nd. Whether the master was justified in keeping the vessel so close in shore?
3rd. Whether a safe and proper course was set after passing the Runnelstone?
4th. Whether the master was justified in altering the course to S.E., and whether due and proper allowance was made for tide and currents?
5th. Whether the "Active" struck on one of the Stag Rocks, upon any other rock, or upon a sunken wreck?
6th. Whether the total neglect of the lead was justifiable?
7th. Whether a good and proper look-out was kept?
8th. Whether the vessel was navigated with proper and seamanlike care?
And, finally—
Whether the master and mate are, or either of them is, in default?
Mr. Strick also stated that, "It is the opinion of the " Board of Trade that the master's certificate should be " dealt with."
Mr. Lawrence, on behalf of the master, having addressed the Court, and Mr. Strick having replied for the Board of Trade, the Court proceeded to give judgment upon the questions upon which its opinion had been asked.
The adjournment of this investigation for a week has been of great use, because the Court has thereby been enabled to obtain important evidence, which has dissipated the doubts raised during the first part of the inquiry.
The circumstances of the case are as follows:-It was proved that on the 4th of January the steamship "Active," of Newcastle (registered tonnage 200 tons), bound to Caen, in Normandy, from Neath, with a cargo of coal, passed the Land's End about noon, and was steered to pass outside of the Stag Rocks; which lie off the Lizard. She came abreast of the north-west portion of the Stags at 20 minutes past 2, in clear weather and a calm sea, with a light wind from the north-east. Thence she proceeded at full speed (about 7 1/2 knots) with the intention of passing the Maenheere (that is, the most southerly rock of the group), on her way to the Start. At half-past 2 the master was on the bridge personally directing the steersman by the land and his own observations. He was no stranger to the coast or to the rocks, which are described in the nautical books as dangers incident to the Lizard. He had passed them safely hundreds of times, and on this occasion he states that he believed he was allowing an interval of 300 yards between the vessel and the visible rock. At that time, however, he struck some unseen obstacle. The helm was put hard-a-port, which brought her head to S.S. west. She was carried forward 400 or 500 yards by the momentum acquired (the engines having been immediately stopped), and in 5 or 6 minutes the vessel foundered in water deep enough to cover her hull and masts. The master and his crew had just time to get into their small boat, and thus saved their lives. They were presently taken on board of a fisherman's vessel, and put on shore at Portleven, in Mount's Bay.
The question is, what was the obstacle on which the vessel struck. We were told last week by the witnesses, who were on deck at the time, that the "Active" was distant from the nearest rock—the Maenheere—about 300 yards. One of them made the distance a little more, another made it less. The master himself gave the estimate at 300 yards, adding that he had often passed at that distance. All these witnesses expressed their opinion and belief that the obstacle was a sunken wreck, and not a rock. In order to set this question at rest, the Board of Trade has sent us four additional witnesses from the immediate neighbourhood.
After having them examined and cross-examined, I am now satisfied beyond all reasonable doubt that no wreck is lying fixed and stationary in the spot where the "Active" struck, and that the obstacle was in fact a shoal or ledge of low rocks running out to the southward of the Maenheere for a distance of 100 or 150 yards, and possibly a little further. This finding is based upon the evidence of a very intelligent fisherman, who lives and keeps his boat within a mile or thereabouts of the spot in question, and who has floated over and actually seen this ledge through the water. At low tide the rocks are covered with from 8 to 10 feet of water. If there had been 300 or even 200 yards between the visible rock and the vessel, I have no doubt she would have escaped contact with the rocks. I cannot accept the estimate of distance given by the master and the crew. I do not question the honesty of their estimate, but that estimate was wrong. This finding is also confirmed by the present position of the vessel, as proved by the same witness, Mr. Mitchell. He found her lying from 350 to 400 yards only outside of the Maenbeere rocks, from which fact the inference must be drawn that at the time of striking she was a very short distance from that rock. I may add that we examined the witnesses from the r Lizard as to their knowledge of any wrecks near this spot, and have totally failed to discover any reason whatever for believing or even surmising that anything of the kind exists.
Such being the circumstances of this casualty, I come to the responsibility of the master. I am unable to discover any grounds of excuse, except the idea which I doubt not was in his mind, that he had passed in safety on previous occasions as near, or even nearer, than on this day. The tide rises at the Lizard 14 1/2 feet; and in other states of tide he may possibly have done so. But I cannot do otherwise than attribute the loss to an overweening confidence on the part of the master that he knew exactly by his eye the boundary of safety and danger for a vessel drawing 13 feet of water aft. He was carefully questioned as to his motive for running so close to dangerous rocks. The reason he assigned was that he sought to cheat the tide and save a little time in the trip to Caen. I am advised that the excuse as to tide has no foundation; and as to time, he admitted that had he passed a full mile to the southward his utmost gain of time would have been 5 minutes,?? economy which if it involves the slightest risk to ?? ship is simply childish. The state of the tide, ?? precisely, was practically low water, and this ci?? stance he neglected to notice and consider.
It is with regret that I come to the decisio?? suspend this gentleman's certificate. He is an el?? and respectable officer, and bears an excellent char?? But the practice he pursued of shaving point ?? closely is a growing danger, and very reprehen?? and in the discharge of my duty I feel it to be nece?? to suspend the certificate for three calendar month??
Dated at Swansea this 4th day of February 1881.
(Signed)
JNO. COKE FOWLER, Judge.
We concur.
(Signed)
JOHN S. CASTLE,
Assessors.
H. C. KENNEDY,
L 367. 655. 200.—2/81. Wt. 47. E. & S.
