Wreck Report for 'Famenoth', 1882

(No. 1346.)

"FAMENOTH."

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal Investigation held at Westminster on the 27th and 28th of April 1882, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Rear-Admiral PICKARD, Captain G. W. WARD and Captain WILSON, as Assessors, into the circumstances attending the stranding of the sailing ship "FAMENOTH," of Aberdeen, on the Pan Sand, off Whitstable, on the 27th of March 1882, when five lives were lost.

Report of Court.

The Court, having carefully inquired into the circumstances of the above-mentioned shipping casualty, finds, for the reasons annexed, that the stranding of the said ship was due to her having been kept on a S.S.E. course for too long a time, instead of being laid on an E.S.E. course immediately after passing the West Girdler Buoy, heading for the Prince's Channel; and that the blame for the vessel having gone ashore rests with Edward John Taylor, the pilot who was in charge of her at the time, but was subsequently drowned.

The Court is further of opinion that William Cowan Auld, the master of the "Famenoth," is to blame for having kept the three steam tugs, the "Benachie," "Daring," and "Victoria," in attendance on the vessel, instead of sending one of them off to the assistance of the five men who had gone adrift in the "Famenoth's " boat, the vessel herself being in no immediate danger, whereas the five men were in imminent risk of losing their lives.

For this wrongful act and default the Court suspends the certificate of the said William Cowan Auld for three months.

The Court is not asked to make any order as to costs.

Dated this 28th day of April 1882.

 

(Signed)

H. C. ROTHERY, Wreck Commissioner.

We concur in the above report.

 

(Signed)

BENJN. S. PICKARD,

 

 

 

GEO. WM. WARD,

Assessors.

 

 

R. WILSON,

 

Annex to the Report.

This case was heard at Westminster on the 27th and 28th days of April 1882, when Mr. Israel Davis appeared for the Board of Trade, Mr. Ince for the owners and master of the "Famenoth," Mr. Batham for the representatives of the pilot, and Mr. Micklem for the representatives of the third mate of that vessel, and Mr. Muir Mackenzie for the owners and master of the steam tug "Benachie." Ten witnesses having been produced by the Board of Trade and examined, Mr. Israel Davis handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. Mr. Micklem, Mr. Batham, Mr. Muir Mackenzie, and Mr. Ince then addressed the Court on behalf of their respective parties, and Mr. Israel Davis having been heard in reply, the Court proceeded to give judgment on the questions on which its opinion had been asked. The circumstances of the case are as follow:—

The "Famenoth" is a three masted iron ship, belonging to the Port of Aberdeen, of 1,034 tons gross and 983 tons net register. She was built at Govan, in the county of Lanark, in the year 1876, and at the time of the casualty which forms the subject of the presentinquiry she was the property of Mr. George Milne Cook, of Marischal Street, Aberdeen, and others, Mr. Cook being the managing owner. She left London at about 5 p.m. of the 26th of March last for Otago, with a crew of 24 hands all told, 18 passengers, and a general cargo, and proceeded down the river in tow of a steam tug called the "Benachie," and in charge of a duly licensed Trinity House pilot, named Taylor. There was also on board a deep sea channel pilot, named Hodges, who was to take charge of her after passing Deal. At about 11.30 p.m. the same night she came to anchor off the Nore, and there remained until 6 a.m. of the following day, when the tide having begun to ebb she got under weigh and proceeded down the river in tow of the "Benachie," and in charge of the pilot Taylor. Now it seems to be the practice in the river for the steam tug to select the course, leaving it to the master or pilot in charge of the vessel towed to alter it, if he does not approve of it, or if he sees anything wrong. Accordingly the master of the "Benachie," in the exercise, as he has told us, of his discretion, and without consulting the pilot, took the course down the Oaze Deep, intending to pass through the Alexandra into the Prince's Channel, the "Famenoth" following in his wake. On leaving the weather was fine, with a rising glass, and the wind was very light from about S.S.W.; but at about 7.30 a.m., when they were opposite to the Middle Oaze Buoy, the wind suddenly shifted to the N.W. and began to blow hard, and accordingly the course, which had till then been E. by S., was altered to east to prevent the vessel getting too far to leeward. On nearing, however, the Shivering Sand Buoy, which is at the eastern extremity of the Shivering Sand, Holland, the master of the "Benachie," seeing that he would not be able to weather it, and that it would therefore be impossible for him to make the Alexandra Channel, signalled to the pilot of the "Famenoth" that he would enter the Prince's Channel by the Girdler Lightship, and having received the pilot's assent the "Benachie's" course was altered to S. 1/2 E., so as to pass inside of and to the westward of the Shivering Sand Buoy, and thence between the Girdler Lightship and the West Girdler Buoy. At this time the wind had gone away to the N.N.W., and was blowing with increased violence, and the course of the vessel being about S. 1/2 E. to S.S.E., the wind was nearly right aft, and the lower topsail loose, she began to gather headway and to overrun the tug. They passed about midway between the Girdler Lightship and the West Girdler Buoy, the tug at that time being just forward of the "Famenoth's" starboard beam, and continued their course, heading about S.S.E., when all of a sudden the master of the "Benachie" observed the Pan Sand Beacon a little on his port bow, and upon his calling the pilot's attention to it, the latter believing, as we were told by Hodges, that he had got too far to windward, and was on the north side of the channel, ordered the helm to be ported. No sooner, however, did the master of the "Benachie" see the vessel's head paying off to starboard than he signalled to him to starboard his helm, which was immediately done. This brought the vessel's head more to the wind, and had the effect of checking her course, upon which the tug was able to go ahead and take up a position on the "Famenoth's" port bow. So violent, however, was the gale at that time that, although the tug got her head round to E.N.E., she was unable to tow the ship into the Prince's Channel, and they began to drive broadside towards the sand. At this time Hodges called Taylor's attention to the ripple of the water on the edge of the sand, upon which Taylor ran forward and ordered the port anchor to be let go; but this had hardly been done when the vessel struck, and after paying out about 30 fathoms of chain the vessel became fast, upon which the "Benachie" at once slipped her tow rope. The place where the vessel grounded was on the shallowest part of the Pan Sand, the Pan Sand Beacon bearing S.S.W., and the Prince's Lightship E.N.E.

As soon as it was seen that the vessel was hard and fast, the captain of the "Famenoth" began to take measures to provide for the safety of his passengers, and with this view orders were given to get out the starboard life boat, but before this could be done a sea struck her and stove her in; upon which orders were given to get out the gig, which was done, and the second and third mates, one able and one ordinary seaman having got in, some six or seven of the female passengers and children were put into her; Taylor, the pilot, also got into her, but apparently without any orders from the captain. The boat then pushed off, and having got alongside the "Benachie," which was lying off at a short distance to leeward, a rope was thrown to her and all the passengers were then transferred to the "Benachie." The master of the "Benachie" then hailed the men in the boat to take a turn round one of the thwarts of the boat, saying that he would tow them back to the ship; and shortly afterwards, thinking that the boat was fast, the master of the "Benachie" gave orders to go ahead; unfortunately, however, the rope in some way or other slipped, and the boat went adrift, and she began to drift towards the sand. On seeing which, the master of the "Benachie" at once backed astern until he was in 10 feet of water, when fearing to get his vessel aground he put her ahead again; but the boat herself, notwithstanding the efforts of her crew to pull her to windward so as to regain the ship, was carried by the force of the wind and sea over the sand, and when last seen they were on the other side of the sand, but were still pulling to windward. The "Benachie" then returned to the "Famenoth," but in the mean time another steam tug, called the "Daring," had come up and the remainder of the female passengers having been put into the damaged life boat. they were sent off, and taken on board the "Daring." When. however, the "Benachie" came alongside, the captain of the "Famenoth" told him to pass his tow rope on board, and a third tug, the "Victoria," having also come up, all three passed their tow ropes to the "Famenoth" and began to tow. Up to this time the vessel was making no water, but they had hardly been towing for more than five minutes, when it was reported that she was filling fast, upon which the captain ordered them to cease, and the tow rope was slipped. The "Benachie" was then ordered to come alongside to take off the remainder of the passengers and crew; this she succeeded in doing, but not without considerable difficulty, at the same time smashing her sponson; and between 1 and 2 o'clock all hands had left the "Famenoth." and gone on board the "Benachie." They remained by her until about 3 o'clock, when the vessel's rail being under water, they steamed away for Sheerness, which they reached at about 1/2 past 5 the same evening. We are told that the vessel herself has since been raised, and that she is now in the East India Docks; the gig also came ashore the same afternoon at Cliff End, about 4 miles to the westward of Margate, but the 5 hands who were in her were not again seen, and there can be no doubt that they have all perished.

These being the facts of the case. the Board of Trade have asked our opinion upon the following questions:—

1. What was the cause of the stranding of the "Famenoth"?

2. Whether attempts were made sufficiently early to bring the "Famenoth" to anchor, and if not, who was in default?

3. Whether, when it was observed that the "Famenoth" was approaching the Pan Sand Beacon, proper efforts were made to prevent the vessel from stranding?

4. Whether the casualty was due or partly due to the cables of the "Famenorh" not being in good order and condition, and if they were defective, who was in default?

5. Whether the measures connected with attempting to anchor the "Famenoth" were conducted with seamanlike skill and care, and if not, who was in default?

6. What was the cause of the cable parting?

6 (a). Whether a proper course was steered on approaching and passing the buoy on the Shivering Sand?

7. Whether a proper course was steered after passing the Girdler Lightship?

8. Whether the "Famenoth" might have been saved by proper measures being taken with the yards or to put her under sail, and who was in default for not taking such measures?

9. Whether the "Benachie" should have been ordered alongside, or should have come alongside the "Famenoth," when the gig was despatched from the "Famenoth," and who (if any one) was in default?

10. Whether a good look out was kept on the "Famenoth," and if not, who was in default?

11. Whether the helm of the "Famenoth" was improperly starboarded, and if so, who was in default?

12. Whether the master of the "Benachie" made every effort, which it was his duty to make, to save the "Famenoth" and those on board?

13. Whether the master of the "Benachie" made every effort, which it was his duty to make, to pick up the gig of the "Famenoth" and her crew?

14. Whether, after the gig left the "Benachie," the master of the "Famenoth" did, or omitted any act, the doing or omission of which conduced to the loss of the gig and those in her?

15. Whether a good look out was kept on the "Benachie," and if not, who was in default?

16. Whether the "Famenoth" and "Benachie" and each of them were navigated with proper and seamanlike care and skill?

17. Whether the master and mate of the "Famenoth" are, or either of them is, in default, and whether blame attaches to the pilot of the "Famenoth," Mr. Taylor, or to the master of the "Benachie"?

The Board of Trade are of opinion that the certificate of William Cowan Auld, master of the "Famenoth," should be dealt with.

Now instead of answering these questions in the order in which they have been put to us, I think that it will be more convenient, and save a good deal of needless repetition, if I group some of the questions together; and if in so doing I may omit to notice any points to which it is wished to call our attention, the omission can be readily supplied at the last.

Now the first question with which I propose to deal, and which is the first in the series of questions, which have been addressed to us is, "What was the cause of the stranding of the 'Famenoth'?" The stranding of the "Famenoth" seems very clearly to be due to her having been kept, after passing between the Girdler Lightship and the West Girdler Buoy, on a S. by E. to S.S.E. course, heading directly for the Pan Sand Beacon, until she was so close to it that it was not possible, either by starboarding or by porting her helm, to go clear, and the force of the gale then drove her on the sand.

This brings us to the second question, namely, "What ought she to have done?" When it was found in going down the Oaze Deep that they could not clear the Shivering Sand Buoy, and that consequently it would not be possible to pass through the Alexandra Channel, they were right to go inside and to the westward of the Shivering Sand Buoy (there being plenty of water at that time of tide), and then lay her on a course so as to pass between the Girdler Lightship and the West Girdler Buoy. As soon, however, as they had cleared the West Girdler Buoy, she ought at once to have been put upon an E.S.E. course heading for the Prince's Channel Lightship, instead of being kept as she was on a S.S.E. course, heading for the Pan Sand Beacon. It was suggested, but not by any of the witnesses, that possibly she might have been hampered by the tug, which was then on her starboard beam; but it is obvious that if the pilot, as soon as he had passed the West Girdler Buoy, had signalled to the tug that he was about to starboard his helm, and had ordered her to do the same, the heads of both vessels would have come up to port, and the "Famenoth" having come closer up to the wind, her way could have been checked, which would have allowed the tug to go ahead of her and get into her proper position again.

The third question is, "Whether proper steps were taken, after the Pan Sand Beacon was made out ahead, to prevent the vessel going on the sand?" This of course depends very much on the distance at which the Pan Sand Beacon was when first seen. According to the captain of the "Famenoth" it was then not more than a 1/4 of a mile off; according to Hodges, the deep sea pilot, it was about 600 yards off; and according to the master of the "Benachie," who saw it first, and called the attention of those on board the "Famenoth" to it, it may have been about 1/2 a mile off. No doubt if the Pan Sand Beacon had been seen at a sufficient distance, they might have avoided it either by starboarding the helm, and thus passing down the Prince's Channel, or if there was a danger of their being blown by the violence of the gale on the sand, the helm might have been ported, so that she might have passed to the southward of the sand, and thus down the Queen's Channel If, however, they were not more than 1/4 to 1/2 a mile from the Beacon when it was first seen, it was then in our opinion too late to clear the sand by either porting or starboarding the helm; and the only thing then to do was to put the helm hard a-starboard so as to throw the vessel's head up into the wind and to check her way, and then to drop both anchors at once, instead of waiting in hope of drawing off, till she was so near to the sand that, when the port anchor was dropped, there was not room enough to pay out sufficient cable.

The next question which seems to arise is, "Whether there was a good look-out being kept on board the 'Famenoth'?" The master and chief officer of the "Famenoth" have told us that a man was stationed forward on the top-gallant forecastle on the look-out, but they have failed to produce him, and the excuse which they have given for not doing so is, because the crew were all new to them, and they did not know the names of any of them. On the other hand, we have had four of the able seamen produced before us as witnesses, and of these three are stated to have been forward on that morning, but they have all stated that they were not on the look out, and that they were not aware of any one having been placed there. One of them indeed said that before the Pan Sand Beacon was sighted they had all left the forecastle and gone on to the main deck. The fact too that the Pan Sand Beacon was first seen and reported, not from the "Famenoth" but from the "Benachie," is strong proof that there could not have been a good look-out on board the former vessel on that morning, for it will be observed that the "Benachie," which was then on the "Famenoth's" starboard beam, first sighted the beacon a little on her port bow, whereas the master of the "Famenoth" and Hodges both told us that when their attention was called to it by the master of the "Benachie" it was right ahead of them. It must therefore have been nearer to their vessel than to the "Benachie," and yet it was the "Benachie" that saw it first. We think that there could not have been a good look-out on board the "Famenoth" on that morning, or they would have seen the beacon sooner than they did. No doubt they relied on those on board the tug keeping a good look-out ahead, as we understand is generally done when a vessel is being towed; but in this case, with the tug not ahead but alongside of her, it was the duty of the master to have stationed a man specially on the look-out forward. This however does not appear to have been done, and according to the chief officer's statement he had left the top-gallant forecastle and gone on to the main deck when the beacon was first seen, and so it would seem had all the rest of the hands.

Another question which we have been asked is, "Whether the cables of the 'Famenoth' were in good condition, and what was the cause of the port cable parting?" There is no evidence to shew that the vessel's cables were not in perfectly good condition. We are told that on the voyage immediately before the last they had been passed by the Board of Trade officials, when she obtained her passenger certificate, and I am informed by the assessors that with the vessel in the position in which she was, broadside to the sea, such a strain might be brought upon the cable that no chain however good could have stood it.

Another question which we are asked is, "Whether she ought not, when she found that the wind had gone round to the northward and westward, and was blowing hard, to have come to an anchor?" The assessors are, however, of opinion that there was no necessity for her to do so. The fact of her not being able to weather the Shivering Sand Buoy and to pass through the Alexandra Channel would, in their opinion, be no ground for her coming to anchor in the Oaze Deep. for it was quite safe at that time of tide to pass inside of the Shivering Sand Buoy. and with such a leading wind as she had from the N.N.W., the proper course for her was to pass between the Girdler Lightship and the West Girdler Buoy and thus into the Prince's Channel. After passing, too, the Shivering Sand Buoy, it would have been most imprudent to have anchored with a falling tide, as there are many shallow patches, and she might, if she had anchored over one of them, have grounded at low water.

The next question which seems to call for a reply has reference to the "Benachie," and it is this: "Whether the master of the 'Benachie' made every effort to pick up the gig and her crew when she went adrift?" No doubt there was some want of care on the part of the master of the "Benachie" not to have seen that the rope was fast before he put the "Benachie" ahead. According to the mate it was never fast, for he saw a man in the bows holding the rope in his hand, and, naturally, when the tug went ahead it would be drawn through his fingers. But, whatever may have been the cause of the rope slipping, it was undoubtedly the master's duty to have seen that it had been properly secured before he turned ahead. As soon, however. as he saw that the gig was adrift, we think he did make every effort to pick her up; his own boat drew 7 1/2 feet of water, and he backed, according to the master's statement, until she was in 10 feet of water; according to the mate, until she actually touched the ground; and, in our opinion. it would have been in the highest degree imprudent for him to have attempted to follow her over the Sand.

But then the question arises, "Ought not some effort to have been made to follow the boat and pick her up?" When the "Benachie" ceased following the boat over the Sand she returned to the "Famenoth;" but in the meantime the "Daring" had come up, and the master of the "Famenoth" then desired them to pass their tow ropes on board, which they did, as did also the steam tug "Victoria," which came up shortly afterwards, and all these steam tugs then began to tow at the vessel, but had to leave off a few minutes afterwards owing to the "Famenoth" filling with water. During all this time the boat was, no doubt, being driven before the gale, notwithstanding all the efforts of her crew to keep her to windward. Now, it certainly does appear to us that either the "Benachie" or one of the other steamers should have been sent round the Sand to look after the boat and pick her up; for at this time all the female passengers and children had been safely transferred, part of them to the "Benachie," part to the "Daring;" the "Famenoth" had two steam tugs in attendance upon her, and a third was fast coming up, and the vessel herself was in no immediate danger. With the wind and tide as they then were, one of these steam tugs could have run round to the south of the Pan Sand in a few minutes, and without any risk to herself or to those on board her; and had she been sent off at once, she would in all probability have picked up the boat long before it had reached the Sands, and have rescued the men in her; and to us it is inconceivable why this was not done.

This then brings us to the last question, "Whether the master and mate of the 'Famenoth' are, or either of them is, in default, and whether blame attaches to the pilot of the 'Famenoth,' and whether the master of the 'Benachie' is also to blame?" As regards the stranding of the vessel some blame no doubt rests with the master and mate of the "Famenoth" for not having seen that a good look-out was being kept on the forecastle head, in which case the Pan Sand Beacon might have been sighted in sufficient time to have avoided the sand. But the principal blame for the stranding rests with the unfortunate pilot Taylor, who was drowned, for the vessel was in his charge, and he directed the navigation. As we have already said, what he should have done was, as soon as he had cleared the West Girdler Buoy, to have put the vessel on an E.S.E. course, heading for the Prince's Channel Lightship, instead of keeping her for so long on a S.S.E. course, until he had got so near to the Pan Sand that it was not possible to clear it either by starboarding or by porting his helm; and then, when he found himself in this position, he should have brought the vessel's head up to the wind, and dropped both anchors, instead of waiting until they had got so near to the Sand that there was no room to pay out chain. As regards the loss of the lives of the five men in the boat, some blame rests with the master of the "Benachie" for not having seen that the rope was fast before he steamed ahead, but after he saw that the boat was adrift, he no doubt made every effort to get hold of her again before she was driven beyond his reach. Nor can it be said that blame attaches to him for not having gone after her round the Sand, for it was his duty, as the servant for the time being of the "Famenoth," to return to that. vessel and to pass his tow line to her when required to do so. Equally too there is no blame attaching to either the "Daring" or the "Victoria," for there is nothing to shew that they knew that the boat had gone adrift. The whole responsibility in our opinion for the loss of the lives of these five men rests with the master of the "Famenoth." He had two steamers, the "Benachie" and the "Daring," alongside of him, and the "Victoria" was fast coming up; all the female passengers and children had been transferred to the "Benachie" and the "Daring;" his vessel was in no immediate danger; whereas he must have known, if he had thought of it, that the occupants of the boat would be in very great danger. As soon therefore as the "Benachie" had got back to him, he ought to have sent her to pick up the boat before it could reach the Sands, over which it was no doubt driven, and where these unfortunate men in all probability perished; and for not having so done, we think that he is very greatly to blame.

I think that I have now answered all the questions which we have been asked, though not exactly in the order in which they have been put to us, and the last point which we have to decide is, whether we are to ??eeds to the application of the learned counsel for the Board of Trade that we should deal with this master's certificate. The master stated that it had never occurred to him to send the steam tug after them, but in the opinion of the assessors it ought to have occurred to him. This is not a mere error of judgment; it is an act of negligence, which has resulted in the loss of five valuable lives; and under these circumstances, the assessors think that they would not be doing their duty unless they marked their sense of the master's conduct by suspending his certificate; and notwithstanding the very high character which we are told that his owners are prepared to give him, and the time during which he is said to have been in their service, we think that we cannot do less than suspend his certificate for three months from this day.

The Court was not asked to make any order as to costs.

 

(Signed)

H. C. ROTHERY, Wreck Commissioner.

We concur.

 

(Signed)

BENJN. S. PICKARD,

 

 

 

GEO. WM. WARD,

Assessors.

 

 

R. WILSON,

 

L 367. 1116. 150.—5/82. Wt. 171. E. & S.