Wreck Report for 'Clementia', 1883

(No. 1723.)

"CLEMENTIA."

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal Investigation held at Westminster on the 16th day of March 1883, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Captains KENNEDY and PATTISON, as Assessors, into the circumstances attending the stranding and loss of the sailing ship "CLEMENTIA," of Cardiff, in Ballytiege Bay, on the 22nd of February last, whilst on a voyage from Demerara to Greenock.

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 and loss of the said vessel was due to the negligent navigation thereof by John Watts, the master, in having steered a course too near the Irish coast, and in having, although the weather was very thick, neglected to verify his position by taking a cast of the lead.

For these wrongful acts and defaults the Court suspends the certificate of the said John Watts for six months from this date, but recommends that during the period of such suspension, he be allowed a first mate's certificate,

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

Dated this 16th day of March 1883.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur in the above report.

 

(Signed)

H. C. KENNEDY,

Assessors.

 

 

JOHN L. PATTISON,

 

Annex to the Report.

This case was heard at Westminster on the 16th day of March instant, when Mr. Kenelm Digby appeared for the Board of Trade; the owner and the master of the "Clementia" were present, but were not represented by either council or solicitor. Four witnesses having been produced by the Board of Trade and examined, Mr. Kenelm Digby handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. The owner and the master of the "Clementia" severally addressed the Court, and Mr. Kenelm Digby 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 "Clementia," which was a wooden barque belonging to the Port of Cardiff, of 336 tons gross, and 326 tons net register, was built at Deptford in the year 1869, and at the time of her loss was the property of Mr. John Ditchburn, of No. 26, Cawley Road, South Hackney, London, and others, Mr. John Ditchburn being the managing owner. She left Demerara on the 14th of January last for Greenock, with a crew of 11 hands all told, one passenger, and a cargo of 400 tons of sugar and rum. She appears to have encountered some stormy weather in crossing the Atlantic, but in due course arrived off the coast of Ireland, and at 9.30 a.m. of the 21st of February she was on an east course, making from 6 to 7 knots, with the wind blowing a fresh breeze from about W. by S. to W.S.W., the weather being thick and foggy, when she spoke a Cork pilot boat, and in answer to her inquiry was informed that the Old Head of Kinsale bore E.N.E., distant 40 miles. She was accordingly kept upon an east course from that time until 10 a.m., when it was altered to E. 1/2 N., but at midday she was again put upon an east course, and continued on that course until about 0.20 a.m. of the following day, when a light was observed about three points on the starboard bow. It seems to have been seen for only a very short time, and was taken to be the light of a steamer outward bound. As the man at the helm was steering rather wildly, the captain then ordered the second mate to go to the wheel, and at the same time directed the course to be altered to E. by N., which we are told brought the wind upon her port side. That course, we are told, was continued for between 20 minutes and half an hour, when land was suddenly observed ahead and on both bows, upon which the captain ordered the helm to be put hard down to bring the ship up into the wind, but in coming. round she struck, and went broadside on to the beach. It being about half flood, the vessel as the tide rose struck heavily, and the sails were kept aback to drive her as high up on the beach as possible. in about half an hour afterwards the fore and main masts and mizen topmasts went over the side, the crew at the time having taken shelter in the cabin. Presently, however, the cabin began to break up, upon which the men took to the mizen rigging. At about 4 a.m. they were hailed from the beach, and were informed that the rocket apparatus, was approaching, and at 6 it arrived, and by 7 o'clock they were all landed safely on the shore. The place we are told where the vessel grounded was at the head of Ballytiege Bay, about 3 1/2 miles to the westward of Kilmore Coastguard Station. The vessel has since become a total wreck, and, with her cargo, has been totally lost.

Such being the facts of the case, the first question upon which our opinion has been asked is, "Whether " when the vessel left Demerara the compasses were in " good and proper order?" It is not denied that when the vessel left Demerara the compasses were in perfectly good and proper order; but what the master said was that when they got into the Irish Channel the binnacle compass became rather sluggish. That, however, seems to have passed off when the wind and sea increased and the ship began to pitch about. Moreover, as the owner has truly observed, and as the master and officers admitted, there were other compasses on board if the binnacle compass could not be relied on; but the master does not pretend that the casualty was in any way due to any error in the compasses.

The second question which we are asked is, "Whether " proper measures were taken to ascertain the position " of the vessel at 9.30 a.m. on the 21st of February, " and from time to time thereafter?" According to the master, the information which he got at 9.30 on the 21st from the Cork pilot boat, that Old Head of Kinsale bore E.N.E., distant 40 miles, agreed so nearly with his dead reckoning that he did not think it necessary to take any steps to verify his position. But I am told by the assessors that it would be very difficult for a pilot boat beating about in the channel, and out of sight of the land, to tell the exact distance at which she was from any point of the coast, and that it was the master's duty to have verified the pilot's statements, as he might and f ought to have done by taking a cast of the lead. In our opinion the master neglected to take the only available measures at his disposal to ascertain the position of the vessel at and after 9.30 a.m. of the 21st February.

The third question which we are asked is, "Whether " a proper course was set and steered after speaking the " Cork pilot boat?" The course which we are told they steered after speaking the Cork pilot boat was east, except between 10 a.m. and midday, when she was put on an E. 1/2 N. course. The master also told us that he had observed that the men at the wheel were inclined to let her yaw a little to the northward of east, and in this way he seems to have thought that she had got somewhat to the northward of her course. Let us see, however, what the sailing directions for the Irish coast say. At page 3 of those directions we find the following passage:—"In thick weather it may be well to run on " the parallel of 51º north, until the vessel gets into " 65 fathoms or less water, then steer E. by N. or " E.N.E., keeping the lead going, and be careful not " to advance into less than 50 fathoms until on the " meridian of Old Head of Kinsale, when the land may " be approached to 40 fathoms water. An E. 1/4 S. " course may now be steered, having constant recourse " to the deep sea lead. By proceeding in this manner " it is probable that, if not seen before, the land will " be made in the vicinity of Waterford, or about Saltee " Islands; but no vessel should attempt to run up the " Irish Channel without having first seen the land." That the course steered from 9.30 a.m. of the 21st February was not a proper one is clear from the fact that it ultimately landed him at the head of Ballytiege Bay, about 11 miles to the north of the Coningbeg Lightship, south of which it was his duty to have passed. Whether this was due to the bad steering of the men, which, however, it was the officer's duty to guard against, or whether it was owing to his having been much nearer to Old Kinsale Head when he spoke the pilot boat than he was told, and therefore steered too northerly a course, it is not possible to say; but it is quite clear that he had no right to continue his course as he did, having no land marks to guide him, and without having taken any cast of the lead to verify his position.

The fourth question that we are asked is, "Whether " the master was justified in not using the lead?" In our opinion here was no justification whatever for his not using the lead. The master has marked on the chart the spot where the vessel grounded; but to get there at all upon any course, he must have been for a very long time before in comparatively shallow water, in from 15 to 61 fathoms, and ultimately in only 6 or 7 fathoms. Had he taken a cast of the lead at any time within some hours of his stranding, he would have seen that he was out of his course; and it was the more necessary that he should do so, seeing that the weather was, according to his own statement, extremely thick and foggy.

The fifth question that we are asked is, "Whether a " good and proper look-out was kept?" There is no reason to think that a good and proper look-out was not kept, but a look-out was of little use in such thick and foggy weather to prevent the vessel, getting out of her course.

The sixth question which we are asked is, "Whether " the vessel was navigated with proper and seamanlike " care, and whether proper allowance was made for " tides and currents?" There can be no doubt that the vessel was navigated in a very improper and unseamanlike manner, and that no allowance whatever was made for the strong indraught which it is well known sets with the flood tide both into Waterford Harbour and into Ballytiege Bay.

The seventh question which we are asked is, "What " was the cause of the stranding?" The cause of the stranding was due no doubt to the vessel having been kept on too northerly a course, which brought her within the range of the strong indraught into Waterford Harbour and Ballytiege Bay, so that instead of passing as she should have done to the south of the Coningbeg Lightship, she got set up into the head of Ballytiege Bay, and some 11 miles to the northward of the lightship.

The eighth question which we are asked is, "Whether the master is in default?" and it is added that "the Board of Trade are of opinion that the cer- " tificate of the master should be dealt with." it is not denied that the whole responsibility for this casualty. rests with the master. The mate at 8 a.m. of the 21st suggested to him that they should take a cast of the lead, but the master replied that he would not do so until 12 o'clock. At noon he says that he was so confident of his position, that he determined to continue his course without attempting to verify his position, although he had seen no land marks whatever, and the weather was so thick that they could see only a little distance off. In our opinion this is a very bad case indeed. By his reckless navigation he has lost a valuable ship and cargo, and has exposed to imminent risk the lives of all on board; and we should not be doing our duty unless we suspended his certificate for six months; at the same time, as the master has asked for it, we shall recommend to the Board of Trade that he be allowed a first mate's certificate during the suspension of his master's certificate.

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

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur.

 

(Signed)

H. C. KENNEDY,

Assessors.

 

 

JOHN L. PATTISON,

 

L 867. 1495. 150.—3/83. Wt. 171. E. & S.