Wreck Report for 'Ella Constance', 1882

a(No. 1369.)

"ELLA CONSTANCE" (S.S.)

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal Investigation held at the Moot Hall, Newcastle-on-Tyne, on the 23rd of May 1882, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Captain PARISH and Captain WILSON, as Assessors, into the circumstances attending the stranding of the steamship "ELLA CONSTANCE," of Sunderland, on a shoal in Loch Dunvegan, Island of Skye, and subsequently in Loch Bay, on the 15th of April 1882.

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 the improper navigation thereof by Luke Hull, the master, in having attempted to pass from Dunvegan Bay into Loch Bay by the southern instead of by the northern entrance, he having no knowledge of the locality and not having sufficiently accurate and reliable charts on board to enable him to take that course.

The Court, however, believing that the mistake was due not to any wilful neglect or default, but to an error of judgment, will not deal with his certificate.

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

Dated this 23rd day of May 1882.

 

(Signed)

H. C. ROTHERY, Wreck Commissioner.

We concur in the above report.

 

(Signed)

R. WILSON,

Assessors.

 

 

ALFRED PARISH,

 

Annex to the Report.

This case was heard at Newcastle-on-Tyne on the 23rd of May instant, when Mr. De Hamel appeared for the Board of Trade, Mr. Oliver for the owners, and Mr. Roche for the master of the "Ella Constance." Eight witnesses having been produced by the Board of Trade and examined, Mr. De Hamel handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. Mr. Roche and Mr. Oliver then addressed the Court on behalf of their respective clients, and Mr. De Hamel 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 "Ella Constance" was an iron screw steamship belonging to the Port of Sunderland, of 655 tons gross and 420 tons net register, and was fitted with engines of 90 horse power. She was built at South Stockton, in the year 1858; and at the time of the casualty which forms the subject of the present inquiry she was the property of Mr. J. Thomas Freear, of No. 21, Bridge Street, Sunderland, and others, Mr. Thomas Freear being the managing owner. She left Liverpool on the 12th of April last for Copenhagen, with a crew of 15 hands all told, and about 600 tons of general cargo, and drawing 13 feet 6 inches forward and 16 feet aft. She seems to have had bad weather from the time of leaving, and at about 4 p.m. of the 14th the master determined to put into Moonen Bay, on the south west coast of the Island of Skye, and to anchor there for the night, the wind at the time blowing a gale from the E.N.E. She remained there until about 4 a.m. of the following morning, when the wind having moderated the anchor was hove up, and she proceeded on her voyage; but at about 6 a.m., when off Dunvegan Head, it came on to blow again, and there being a heavy sea in the Minch, the master determined to run for shelter into a little bay called Loch Bay. the entrance to which was from Dunvegan Bay, and to get to which it would be necessary to pass either to the north or to the south of Issay Island. Thinking, on an inspection of his chart, that the south channel was the better and more open, the master determined to take it, and the vessel was accordingly steered to pass within about a cable's length to the south of Issay Island; and at the same time the engines, which had been going full speed, were put at slow, the master being upon the bridge directing the navigation, whilst the mate was taking soundings. At about 5 minutes to 7 o'clock, and just when they had about cleared the south point of Issay Island, the vessel suddenly struck, upon which the engines were put full speed astern, but as the tide was falling, it being then first quarter ebb, she remained fast. At about half ebb a little island, called Sheep Island, showed above water a little to the southward of them, and they then knew that they had struck upon a shoal lying between Sheep Island and the southern point of Issay Island. They remained there, the vessel making very little water, until about 3 p.m., when the tide having risen she floated, and her engines having been put full speed astern she came off; but no sooner had she done so than it was found that she was making water very fast, upon which the master determined to beach her, and he accordingly steered her towards the village of Stein, where he ran her on the beach, but not before the water had begun to put the fires out. There we are told she still remains, the better part of the cargo having been removed, and it is expected that she will ultimately be got off. It is under these circumstances that an inquiry has been ordered.

Now the first question upon which our opinion has been asked is, "What was the cause of the stranding of the British steamship 'Ella Constance' on a reef in Dunvegan Bay on the 15th of April 1882?" The cause of the stranding of the vessel was, no doubt, the attempt of the master to enter Loch Bay by passing to the south of Issay instead of taking the broader and clearer channel to the north of the island, he being ignorant of the navigation of these waters, never having been there before, and not having an accurate and reliable chart on board to guide him.

The second question which we are asked is, "Whether the master was provided with proper and reliable charts, and if not, whether he was justified in attempting to enter Loch Bay by the south instead of by the north channel?" The chart which the master had was one of Wilson's general charts, apparently a good and useful chart for the usual course through the islands, but useless as a guide to enable him to pass through the narrow channel between Dunvegan Bay and Loch Bay. The master told us that he thought, on looking at his own chart, that the channel to the south of Issay Island would be the better and the wider channel, but a more careful inspection would have shown him that it was not, and that whilst the southern entrance is barred by rocks and shoals, the northern channel is the wider and clearer one, and this was, as the master admitted, quite apparent on the Admiralty chart, but unfortunately the master had not one on board. it was said that the master could not be expected to have a chart on an enlarged scale of every port and bay which he might pass on his way, and into which he might be obliged in case of bad weather to take refuge. This may be quite true; but there seems to be some question whether there was any necessity for his going into Loch Bay at all, the evidence being that when once in Dunvegan Bay he was under shelter, the water being comparatively smooth. But be this as it may, the master was certainly not justified in attempting to run from Dunvegan Bay into Loch Bay, being as he was entirely ignorant of the navigation, and not having any sufficient charts on board to guide him.

The third question which we are asked is, "Whether, having regard to the fact that the reef on which the vessel struck is marked upon the chart, the master was justified in attempting to pass in such close proximity thereto without keeping a special look-out therefor?" The master told us that, on examining his chart, he imagined that the rocks or shoals, which are marked as being in the southern channel, would all shew above water, so that he would be able to see and avoid them, and therefore that there was no necessity, it being broad daylight, to put a man specially on the look-out forward. But a more careful inspection of his chart would have shewn him that the shoals in question are without the black core, and that they would therefore be covered at high water; and as it was the first quarter ebb, he might naturally expect that they would be covered. Mr. Roche has, however, contended that, even if there had been a look-out stationed forward he would not have been able to see the shoal sooner than the captain could from the bridge, and that consequently, if we should be of opinion that there had been some neglect on the master's part in not placing a look-out forward, it would be no ground for dealing with his certificate, as it had not conduced to the casualty. No doubt that is so; the assessors, however, are not disposed to blame the master for not having placed a man forward on the look-out under the circumstances.

The fourth question which we are asked is, "Whether the vessel was navigated with proper and seamanlike care?" The master was on the bridge attending to the navigation of the vessel, whilst the chief mate was taking soundings, and the engines were going slow; and there is nothing to complain of in regard to the master's conduct in the navigation of the ship, except the attempt to pass from Dunvegan Bay into Loch Bay without having any knowledge of those waters, or any proper chart to guide him.

Under those circumstances Mr. de Hamel, on behalf of the Board of Trade, has stated that in their opinion the master's certificate should be dealt with. It seems that the master has held a master's certificate of service for more than 30 years; that he has commanded steamers during the last sixteen years; and that during the time he has so commanded steam vessels he has only once met with any casualty, and that was on entering. Sunderland Dock, when his vessel was in charge of a pilot. The managing owner, too, as well as the mate who has sailed with him ever since he has been in command of this vessel, have given him a good character for carefulness and for sobriety. This is not a case of drunkenness or of neglect of duty, or of absence from the deck when his presence there was necessary. He was attending to the navigation of the ship, and his only mistake seems to have been the attempt to pass through a difficult and dangerous passage without having any knowledge of the locality, and without a proper chart. He has no doubt been guilty of a very grave error of judgment, but looking at all the circumstances, and at the long service which he has had, the assessors are disposed to take a merciful view of the case, and we shall therefore not deal with his certificate.

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

 

(Signed)

H. C. ROTHERY, Wreck Commissioner.

We concur.

 

(Signed)

R. WILSON,

Assessors.

 

 

ALFRED PARISH,

 

L 367. 1139. 150. 6/82. Wt. 171. E. & S.