Wreck Report for 'City of Brussels' and 'Kirby Hall', 1883

(No. 1704.)

"CITY OF BRUSSELS" (S.S.) AND "KIRBY HALL" (S.S.)

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal Investigation held at Liverpool on the 27th and 28th days of February and the 1st day of March 1883, before H. C. ROTHERY, Esquire. Wreck Commissioner, assisted by Captain CASTLE, Commander BURNEY, R.N., and Captain HYDE, as Assessors, into the circumstances attending the loss of the steamship "CITY OF BRUSSELS," of Liverpool, and the loss of the lives of 10 of those on board her, through collision with the steamship "KIRBY HALL," of Liverpool, in Liverpool Bay, on the 7th of January last.

Report of court.

The Court, having carefully inquired into the circumstances of the above-mentioned shipping casualty, finds, for the reasons annexed, that the said collision was due to the master of the "Kirby Hall" not having stopped his engines directly he heard the first whistle from the "City of Brussels," instead of only slowing them down.

The Court is further of opinion that no blame is attributable to the master of the "City of Brussels," and that every possible effort was afterwards made on board both vessels to save life.

Under the circumstances the Court will not deal with the certificate of the master of the "Kirby Hall."

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

Dated this 1st day of March 1883.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur in the above report.

 

(Signed)

HENRY D. BURNEY, R.N., J.P.,

 

 

 

JOHN S. CASTLE,

Assessors.

 

 

GEORGE HYDE, R.N.R.,

 

Annex to the Report.

This case was heard at Liverpool on the 27th and 28th days of February and the 1st of March 1883, when Mr. Mansel Jones and Mr. Squarey appeared for the Board of Trade, Mr. Walton for the owners, master and officers of the "City of Brussels," and Mr. Bucknill for the owners, master and officers of the "Kirby Hall"; Mr. Pierce attended to watch the case for the Italian Consul at Liverpool on behalf of two Italian passengers who had lost their lives in the collision. Twenty-two witnesses having been produced by the Board of Trade and examined, Mr. Mansel Jones handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. Mr. Walton and Mr. Bucknill were then heard on behalf of their respective parties, and Mr. Mansel Jones having replied for the Board of Trade, the Court proceeded to give judgment on the questions upon which its opinion had been asked. The circumstances of the case are as follow:—

The "City of Brussels" was an iron screw steamship, belonging to the port of Liverpool, of 3,774 tons gross, and 2,434 tons net register, and was fitted with engines of 500 horse-power. She was built at Partick, near Glasgow, in the year 1869, and at the time of her loss was the property of the Inman Steamship Company, Limited, Mr. Ernest Stobart Inman, of Tower Buildings, Water Street, Liverpool, being the managing owner. She left New York on the 28th December last for Liverpool with a crew of 101 hands all told, 66 passengers, and a general cargo, and on the 6th of January following arrived off Queenstown. Having there taken on board a pilot named Henry Jones, she proceeded on her voyage, and at 3.45 a.m. of the following morning was off Point Lynas, when the pilot took charge, and she was then put upon an E. by S. course to make the North-West Lightship. The weather was at the time fine, the sea smooth, the wind from about S.E., and the vessel was proceeding at full speed, making from 14 1/2 to 15 knots an hour the tide being at the first of the flood? At 4.53 a.m. Great Orme's Head Light was abeam, bearing S. by W., distant about nine or ten miles, and the vessel continued at full speed until 5.11 to 5.13, when a fog came on, upon which the pilot ordered the engines to be put at half speed, and a minute after wards he put them at slow, and a man was them stationed at the steam whistle, and ordered to sound it every minute or half minute. They thus proceeded until a few minutes after 6 o'clock, when a fog-horn was heard, apparently about 3 points upon the starboard bow, and distant from 2 to 3 miles. As soon as the pilot had satisfied himself that it was the fog-horn of the North - West Lightship, deeming it unsafe in the then state of the weather to make direct for the Bar Lighship, he brought the vessel round under a starboard helm with her head to the W.N.W., and allowed her to drift with the tide stern foremost in an E.S.E. direction towards the bar. At this time, the pilot, the master, and the second and fourth mates were on the upper bridge, there was a man at the wheel, which was amidships and immediately under the bridge, another at the whistle immediately abaft the upper bridge, and a third in the chains on the starboard side taking a cast of the lead. There were also two men forward on the look out, one upon each bow, and two more about 60 feet further aft in the fore-gangways. According to the master the engines were stopped at 6.11, but according to the pilot at 6.13; and the vessel continued drifting with the tide at the rate of a knot to a knot and a half per hour in an E.S.E direction towards the Bar Lightship for about 40 minutes, when a whistle, which afterwards proved to be that of the "Kirby Hall," was heard broad on the star board bow. It was, we are told, immediately answered, and in about another minute another whistle was heard, apparently much closer, and almost immediately afterwards the masthead light of the "Kirby Hall" was observed, heading directly for them, a little forward of the starboard beam, and distant only from two to three hundred feet. On seeing the light the engines were at once ordered to be put full speed astern, but just as they were beginning to reverse, the "Kirby Hall" struck her on the starboard side about 40 feet forward of the bridge, and just in the way of the bulkhead, separating No. 2 and No. 3 holds, cutting her down below the water line, and at the same time fracturing the bulkhead. Orders were at once given on board the "City of Brussels" to stop the engines with the view of keeping the vessels together, and at the same time the "Kirby Hall" was hailed not to back out of her. The hailing, however, seems not to have been heard, for the "Kirby Hall" either rebounded or backed out of her, and the water then immediately began to pour into the "City of Brussels," filling the second and third holds, whence it found its way into the stoke hole, and thence into the engine room, driving out the engineers and firemen. On seeing the extent of the damage, and knowing that the vessel would not float very long, the captain at once ordered the boats to be got out. It seems that the "City of Brussels" had eight boats, of which the four foremost were life boats. Of these one was smashed by the collision, another was stove in being lowered, and of the remaining six, five were safely lowered into the water, and nearly all the passengers and some of the crew got into them; but they had not time to lower the sixth boat before the vessel went down, carrying with her all that remained on board, including the master and some of the officers. The boats, however, being close at hand, succeeded in picking up a good many of them, but two of the passengers and eight of the crew, amongst them the second officer and carpenter, were unfortunately drowned. The "Kirby Hall," which during this time had remained on the spot, then took the survivors on board, and landed them the same evening at Liverpool, The wreck, we are told, now lies 2 1/2 miles N. 1/2 E. (magnetic) from the North-West Lightship, heading W. by N., and that cannot be very far from the place where the collision occurred.

We now come to the case of the "Kirby Hall." She is an iron screw steamer, also belonging to the port of Liverpool, of 2,691 tons gross and 1,759 tons net register, and is fitted with engines of 300 horse power She is a new ship, having been built at Govan, near Glasgow, at the end of last year, and was at the time of the collision the property of Messrs. Alexander and Graves, of No. 20, Castle Street, Liverpool, Mr. Robert Elly Graves being the managing owner. She left Glasgow on the 5th January last, with 800 tons of cargo, and the same quantity of coal, bound to Liverpool, whence having completed her cargo she was to proceed on to Bombay. Her crew consisted of 23 hands all told, viz., a master, three mates, six A. B', a cook, a steward, four engineers, and seven firemen; in addition to whom the superintendent engineer of the owners and the representative of the manufacturers of the engines were on board, going with her as far as Liverpool to see how the engines worked. All the crew were engaged only for the voyage to Liverpool, but it was intended that the officers should go on in the vessel to Bombay; the men, however, were merely runners. Having brought Up for the night off Gourock, she was taken on the following morning three times over the measured mile, when it was ascertained that with a pressure of 80 lbs. of steam her average speed was 11 1/4 knots. Having then adjusted her compasses, she left at about 10.30 a.m. for Liverpool, and at 0.55 a.m. of the following day, the 7th, the Calf of Man Light bore N.E. by N., distant four miles, and Langness Light east northerly, upon which the vessel was put upon a S.E. 1/2 S. course to make the Bar Lightship, the captain expecting that that course would take him, allowing for the flood tide, about 3 miles clear of the North-West Lightship. At 1.35 a.m. the Calf of Man Light bore N. by W. northerly, and Langness N.E., and at 2.55 the Calf of Man Light bore N.W. by N. 1/2 N., and Langness Light N. by northerly, and dipping. Accordingly the vessel was kept on the same course, going full speed until about 10 minutes after 5, when a fog came on, upon which the engines which were at first slowed, were stopped for 5 minutes, whilst the captain went and fixed his exact position on the chart. Having done so, he returned to the deck, and deeming it imprudent in the then state of the atmosphere to make direct for the Bar Lightship, he altered the course one point more to the southward, to S.E. by S. 1/2 S., and at the same time the engines were put at slow, and a man was stationed at the whistle to sound it every half minute or minute. At this time the chief officer was on the upper bridge, the third officer was forward in the bows keeping a look out, and the master was about the deck, sometimes on the upper bridge, sometimes on the lower bridge, sometimes in the chart room, directing the navigation of the ship. The six A. B's were all supposed to be on deck, one we know was at the wheel amidships, and another was at the whistle, but where the other four were there is nothing to shew. The vessel continued her course, the engines all-the time going slow, until about 6.49 a.m., when a fog horn was heard ahead, upon which the captain went into the chart room, and having satisfied himself that it was that of the North-West Lightship, he came out, intending to go forward to order the anchor to be got ready to let go, and was putting his watch in his pocket, after counting the number of the blasts of the fog horn, when he heard a whistle, which afterwards proved to be that of the "City of Brussels," ahead and apparently on the port bow. He accordingly went to the telegraph, which was on the lower bridge half-way between midships and the starboard side, and telegraphed to the engine room to go "dead slow," which he did by repeating the order to slow. In about a minute or so afterwards another whistle was heard, apparently nearer and rather more ahead, on which the captain signalled to the engine room to stop, and almost immediately afterwards the masthead light of the "City of Brussels." was observed nearly ahead, upon which he at once ordered, the engines to be turned full speed astern and the helm to be put hard-a-port. The "Kirby Hall," we are told, paid off from two to three points to starboard, but it was too late to avoid a collision, and with the way which she still had on her she came into he "City of Brussels," striking heron the starboard side, with the results which have been already stated. On the vessels separating, the engines of the "Kirby Hall" were stopped, and the chief officer was sent forward to see what damage had been done. He found that both the bows had been stove in and a portion of the stem carried away, and that the compartment forward of the collision bulkhead was rapidly filling with water, and having seen that the sluice was tightly closed down he returned and informed the captain. Orders were thereupon given to lower a boat to the rail, but the "City of Brussels "having by that time been lost sight of, it was not deemed prudent to lower the boat into the water. An attempt, however, was made to find the other vessel, and this they fortunately succeeded in doing, but by that time the "City of Brussels" had foundered. According to the entries in the log book they commenced taking the passengers on board at 7.50, at 8.25 the last boat came alongside, and at 8.30 they came to anchor. There they lay until about 10.45, when the weather having partially cleared up they observed a lad in the mizen-top of the" City of Brussels," and a boat having been sent he was taken off and brought on board. The fog, however, shortly afterwards again closed in, and they remained at anchor until about 4 o'clock, when she got under way and proceeded up the river, arriving at Liverpool the same evening, and there landing the people from the "City of Brussels."

These then being the facts of the case, the first question upon which our opinion has been asked is, "Whether the masters of both vessels complied with " the regulations for preventing collisions at sea, espe- " cially Nos. 12 and 13." In answering this question I propose to confine my remarks to Articles 12 and 13. Should there be any other articles, which it appears to the Court have been violated by either vessel, they will be more conveniently dealt with when we come to answer the 7th question. The 12th Article directs that in foggy weather "A steam ship under way shall make " with her steam whistle or other steam sound signal, " at intervals of not more than two minutes, a prolonged " blast." It would seem that from the time of their getting into the fog, both vessels sounded their steam whistles every minute to half a minute, we shall therefore hold that they both complied with this regulation. The 13th Article is in these terms: "Every ship, " whether a sailing ship or steamship shall, in a fog, " mist, or falling snow, go at moderate speed." So far as the "City of Brussels" is concerned, it is alleged and not denied that for 40 minutes before she sighted the "Kirby Hall" her engines were stopped, she could hardly therefore have been going at a more moderate speed. As regards the "Kirby Hall" it seems that, when off the Calf of Man Light her distance from the North-West Lightship was about 56 miles. It was then 0.55 am., and from that time to 5.10 a.m., or for 4 1/4 hours, she was going full speed. Now we are told that on the measured mile she made 11 1/4 knots in the hour, but she had then a pressure of steam of 80 lbs. to the square inch, whereas during the voyage the pressure was only 75 lbs., which it is said would probably reduce her speed to about 11 knots. Now 11 knots an hour for 4 1/4 hours would give us very nearly 47 knots, which would put her at about 9 knots from the North-West Lightship when the fog commenced, but, as the master has very fairly admitted, they made an alteration in the course, which would somewhat increase the distance, so that he estimated that he estimated that when the fog came on they were about 9 1/2 knots from the North-West Lightship. The collision, however, occurred 2 1/2 miles short of the North-West Lightship, which would give 7 knots as the distance travelled by the "Kirby Hall" during the hour and forty minutes, namely, from 5.10 to 6.50 a.m., that she was going slow, being 4 1/5 knots an hour. It must be remembered, however, that during this time she would have the flood tide not exactly with her, inasmuch as the tide was running about E.S.E., and her course was S.E. by S. 1/2 S.; still it would help her somewhat on her way, so that her speed through the water would be something between 3 1/2 and 4 knots an hour. Now, in our opinion, that was not an excessive speed, indeed it would have been difficult for her to have gone slower, and at the same time to have retained her steerage way. On the whole, therefore, we think that both vessels were going at a moderate speed.

The second question which we are asked is, "Whether a good and proper look-out was kept on board both vessels?" As regards the "City of Brussels" there can be no doubt at all of that. She had four men on the upper bridge, the master, the pilot, and two officers, all looking out; and she had four men forward, two at the catheads, and two in the fore gangways. As to the "Kirby Hall" there was the chief officer on the upper bridge, and the third officer right forward in the bows, looking out, and in a position to see on both sides. Where the men were who should also have been looking out we do not know; it would seem, however, that the "City of Brussels" must have been seen from the "Kirby Hall" as soon as the "Kirby Hall" was seen from the "City of Brussels," and, as there was certainly a good look-out on board the "City of Brussels," the fair inference would seem to be that there must also have been a good look-out on board the "Kirby Hall." The conclusion, then, to which we have come is, that there was a good and proper look-out on board both the vessels.

The third question which we are asked is, "Whether " the 'Kirby Hall' was sufficiently and properly man- " ned?" As regards the engine-room department she seems to have had a proper complement, but for a vessel of the size of the "Kirby Hall" we think that only six deck hands, of whom one was the carpenter, besides the officers, was not sufficient; and we have no hesitation in saying that she was not properly manned.

The fourth question which we are asked is, "Whether " her master rendered every assistance to the master and " crew of the 'City of Brussels,' and complied with sec- " tion 16 of the Merchant Shipping Act Amendment Act, " 1873?" That section requires the master of each vessel to stay by the other until he has ascertained that she has no need of further assistance, and to render to the other vessel, her master, crew, and passengers, such assistance as may be practicable or necessary to save them from danger. Now the evidence shows, and more particularly that of the engineer of the "Kirby Hall," by the way in which the engines were manœuvred after the collision, that every effort was made to find the vessel after she had been lost sight of in the fog. No blame, therefore, in our opinion, rests with the master of the "Kirby Hall" on this account.

The fifth question which we are asked is, "Whether " the master of the 'Kirby Hall' ought to have lowered " the boats of that vessel to proceed to the assistance of " the 'City of Brussels'?" in our opinion the master of the "Kirby Hall" did quite right not to lower his boat into the water. He had lost sight of the "City of Brussels," and to have sent away a boat with four men and an officer when he had so few hands on board in order to try and find the "City of Brussels" would have been the height of imprudence. His proper course was to try and find the "City of Brussels" with his own vessel, and that he succeeded in doing, and was thus the means of saving a great number of lives.

The sixth question which we are asked is, "Whether " every possible effort was made to save life?" In our opinion every possible effort was made by both vessels to save life. The captain of the "City of Brussels" offered an admirable example to all in remaining by his ship until she sank from under him; the boats too were lowered without the slightest confusion, the officers and men having all their separate boats, to which for the most part they found their way. Nothing could be better than the conduct of the officers and crew of the "City of Brussels." As regards the "Kirby Hall" we think that they also did all in their power to save life.

The seventh question which we are asked is, "Whether both vessels were navigated with proper and seamanlike care?" This appears to us to be the most important question of all. And first, as regards the "City of Brussels," it would seem that from the time of entering the fog she was kept steaming slowly ahead, until the fog horn of the North-West Lightship was heard, when she was at once brought round head to tide, and was allowed to drift stern foremost towards the Bar Lightship, it being thought more prudent to do so in the then state of the atmosphere, than to steer, even with the engines going slow, direct for the Bar Lightship. To see whether this was a wise and proper course or not, let us see what would be the speed of this vessel with her engines at slow. We are told that at 4.53 a.m. Great Orme's Head bore S. by W. distant some 9 or 10 miles; this would place her some 13 1/2 to 14 knots from the place of the collision. For about the first twenty minutes of that time she was going full speed, during which, at the rate of 15 knots an hour, she would have gone about 5 knots, leaving her about 8 1/2 to 9 knots to do before she got to the place where the collision occurred. For the first hour of this time, or from 5.13 to about 6.11 a.m., the engines were going slow, after which she was brought head to tide, and was then allowed to drift for forty minutes. Allowing then some 2 to 2 1/2 miles for the action of the tide during the hour and forty minutes which elapsed between the time of the fog setting in and the collision, we have some 6 to 7 miles that she must have gone through the water during the hour that she was steaming slowly ahead, before she made the North-West Lightship. This being so, and it being, as we are told, impossible for her to have further reduced the speed, and yet maintained steerage way, the assessors are of opinion that it would not have been prudent for her to have continued her course towards the Bar Lightship after she had made the North-West Lightship, and that she did quite right to come round with her head on to the tide. The question then arises, Was she right to drift with the tide stern foremost towards the Bar Lightship, or ought she to have gone to the southward of the North-West Lightship, and there anchored? It is admitted that it would not have been a safe and proper place for her to have anchored where she was, some 2 1/2 miles to the north of the North-West Lightship, and in order to get to a proper anchorage she would have had to steam in this dense fog for some 2 1/2 to 3 miles until she had got to the southward of the North-West Lightship, and in doing so she would have run the risk of coming into collision with some other vessel which was making, as she had just been doing, for the Mersey. Now we were told by Henry Jones, the pilot, who has had very large experience of this river, that it is the invariable practice for the pilots in a thick fog, when they have made the North-West. Lightship, to bring the ship round head to tide and drift down towards the Bar Lightship he said that drifting up thus, head to tide, they were in a better position to bring up should they find themselves coming. down upon any vessel at anchor, and being motionless in the water other vessels which might be in motion through the water would have a better chance of going clear either ahead or astern of them; and in that opinion we are disposed to concur. So far, therefore, as the "City of Brussels" is concerned, there is no reason to think that she was not being navigated with proper and seamanlike care.

As regards the "Kirby Hall," she was, as I have already said, coming at a moderate rate of speed until she heard the first whistle of the "City of Brussels;" so far, therefore, she is not to blame. As soon however, as that whistle is heard the master signals to the engine room to go dead slow, and the engineer told us that he thereupon reduced the revolutions from about 25 to 23, which can hardly be said to have affected the speed materially. In about a minute or so afterwards the captain heard the second whistle, upon which he ordered the engines to be stopped, and it was only on his seeing the masthead light of the "City of Brussels" that he ordered them full speed astern. Now the captain has very fairly admitted that had he stopped the engines when he heard the first whistle in all probability no collision would have occurred; he said, however, that he did not do so because he never expected a vessel in such a thick fog to be coming out of the river. When, therefore, he heard the whistle of the "City of Brussels" he thought she must be heading for the river, and as he imagined the whistle to be on the port bow he thought that if he ported his helm he would go astern of her. Not knowing the practice of the pilots for the Port of Liverpool, this being the captain's first command, there is some excuse for the mistake. At the same time it is much to be regretted that he acted on that assumption, and that he did not stop his engines at once on hearing the first whistle ahead, instead of only- ordering them to be slowed down; had he done so, this collision would probably not have occurred. His fault was in not stopping his engines at once in so dense a fog on hearing a whistle ahead, instead of only slowing them down, for it is well known that a whistle will often seem in a thick fog to be distant when in fact it is very near.

The eighth question which we are asked is, "What " was the cause of the loss of the 'City of Brussels'?" The cause of the loss of the "City of Brussels" was due to the "Kirby Hall" having run into and struck her just in the way of the bulkhead between the second and third holds, cutting her down below the water's edge, and at the same time fracturing the bulkhead, and thus allowing both the holds to fill.

The ninth question which we are asked is, "Whether " the masters of both vessels are, or either of them is, " in default?" And it is added that "the Board of Trade " are of opinion that the certificates of both masters " should be dealt with." As regards the master of the " City of Brussels," he is not, in our opinion, in any way in default, and we should, therefore, not think of touching his certificate. As regards the master of the "Kirby Hall," he is, no doubt, in some degree to blame for not having stopped his engines instead of slowing them when he heard the first whistle of the "City of. Brussels;" but under the circumstances we do not think that we ought to deal with his certificate.

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

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur.

 

(Signed)

HENRY D. BURNEY, R.N., J.P.,

 

 

 

JOHN S. CASTLE,

Assessors.

 

 

GEORGE HYDE, R.N.R.,

 

L 367. 147. 150.—3/83. Wt. 171. E. & S.