Wreck Report for 'Ben Nevis', 1883

(No. 2011.)

"BEN NEVIS" (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 8th of December 1883, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Captains METHVEN and KENNEDY, as Assessors, into the circumstances attending the stranding of the steamship "BEN NEVIS," on Bielosarai Spit, in the Sea of Azov, on the 18th of September 1883.

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 negligent navigation thereof by William Campbell, the master, in having kept her too long heading towards the Bielosarai Light, and without having taken any steps to estimate his distance from that light.

There being no material damage done either to the vessel or to the cargo, the Court was not asked to deal with the certificate of the said William Campbell, nor was it asked to make any order as to costs.

Dated the 8th day of December 1883.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur in the above report.

 

(Signed)

R. METHVEN,

Assessors.

 

 

H. C. KENNEDY,

 

Annex to the Report.

This case was heard at Newcastle-on-Tyne on the 8th of December 1883, when Mr. Howard Smith appeared for the Board of Trade, Mr. Bramwell for the owners, and Mr. Roche for the master of the "Ben Nevis." Four witnesses having been produced by the Board of Trade and examined, Mr. Howard Smith handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. Mr. Bramwell and Mr. Roche then addressed the Court on behalf of their respective parties, and Mr. Howard Smith 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 "Ben Nevis" is an iron screw steamship, belonging to the Port of North Shields, of 998 tons gross and 636 tons net register, and is fitted with engines of 98 horse power. She was built at Sunderland in the year 1872, and at the time of the casualty which forms the subject of the present Inquiry she was the property of Mr. Samuel Allen Morrison, of Tyne-mouth, in the county of Northumberland, shipowner, and others, Mr. Samuel Allen Morrison being the managing owner. She left Taganrog at about 4.30 p.m. of the 18th of September last for Trieste, with a crew of 19 hands all told, 1 passenger, and about 1,350 tons of wheat, and drawing 17 feet 4 inches forward and 17 feet 5 inches aft. She passed the Petchany light vessel at about 6 p.m., leaving it on the port hand distant about half a mile, and was then put upon a W. by S. course by the pole compass, which was correct, so as to pass about midway between the end of the Dolga Spit and the Bielosarai Lighthouse. The weather at the time was fine, the wind moderate from the N.E., and the engines were going full speed, the vessel making about 8 knots an hour. At 8 p.m. the chief mate's watch commenced, and on relieving the second mate he was told to keep the vessel on the same course, W. by S. magnetic, and when he made the light to call the master. Accordingly at 9.15 p.m., on sighting the Bielosarai Light, he called the master, who was at' the time in the chart-room, and the latter having thereupon come on deck and seen the light told him that he might keep her on the same course yet a bit, and he then returned to the chart-room. At about 10.30 the chief officer, thinking that they were getting rather close down to the light, went and asked the captain if there was to be any alteration in the course, upon which the captain came up, and he then altered the course half a point to the south, to W. by S. 1/2 S. That course was continued until about 10.50, when the light was a-beam, upon which the course was altered to S.W., and in about ten minutes afterwards the vessel struck and remained fast. At daylight they took the bearings, and found the lighthouse bearing N. by E., distant a little less than a mile, and the beacon W. by N. 1/2 N. distant a little more than a mile, which would put the vessel not more than half a mile from the Spit. On a kedge being carried out and hove upon it came home, upon which it was again taken out as well as a large stream anchor, and the engines having been put full speed astern, they endeavoured to haul her off the sand, but all their efforts were unavailing. At length at about 3 p.m. the master landed and went to Marionopol for the purpose of obtaining assistance, that being the port to which he had gone on the previous voyage, and on his arrival there he addressed himself to a Mr. Peter Regier, who had acted as broker to the ship on the previous occasion, and who he understood was the only person in the place who could speak English. The master told us that he at first asked Mr. Regier whether he could not engage lighters and a steam tug himself,. but Mr. Regier told him that he could not do so without his assistance, and on being asked by the master what he would charge to get' the vessel off, Mr. Regier at first asked 1,100l. This, however, the master refused to give, upon which Mr. Regier offered. to do it for 1,000., but which was also refused by the master, and ultimately an agreement was entered into that the services should be rendered for 800l. Accordingly on the following morning 5 lighters started from Marionopol,. and on reaching the vessel they at once went alongside and began to discharge a portion of the cargo, and after they had discharged about 150 tons the ship floated and she was hauled out into deep water. They then took her to Marionopol, and the cargo having been reloaded she proceeded to Kertch, and thence to Trieste, and there discharged her cargo. We are told that neither the ship nor the cargo sustained the least damage from the stranding.

These being the facts of the case, the first question upon which the Board of Trade have asked for our opinion, is, "Whether the ' Ben Nevis' was supplied with proper and sufficient charts, and whether the charts contained the latest corrections?" It seems that the chart which the master had on board was the Admiralty chart of the Sea of Azov, but corrected only down to June 1874; it therefore had not the latest corrections, for the chart which I have before me is corrected up to last month; any defects, however, which it may have had, had certainly nothing to do with this case. One fact, however, requires to be noted, and it is this, that in the master's chart, which is corrected only to June 1874, the Petchany light vessel is placed right over on the south side of the channel, in only 18 feet of water, and with all the deep water to the north of it, and we were told in the last case, that of the "Cyanus," that that is where it now is; whereas in the chart with corrections to November 1883 the light vessel is placed more to the north side of the channel, with the deepest water to the south of it. Whether in June 1874 the light vessel was on the south side of the channel, and was subsequently moved over to the north side, and then again moved back to the south side of the channel, there is nothing to shew, but it is a matter, which seems to demand the attention of the Hydrographical Department of the Admiralty. I may add that Mr. Morrison, the owner, told us that they supply the charts to their captains, but that they do so only on the demand of the captains; and it is admitted that Captain Campbell, although he had already made one voyage in this vessel to the Gulf of Azov, had made no demand for any fresh chart of this place. No blame, therefore, rests with the owners for not having furnished to the master a chart with the latest corrections; it was the master's duty, if he required it, to ask for it.

The questions 2 to 7 may be conveniently taken together; they are as follows:—

" 2. Whether safe and proper courses were set and steered after leaving the Petchany light ship to the time of the stranding?

" 3. Whether safe and proper measures were taken to ascertain and verify the position of the vessel when Bielosarai Light was first seen and from to time thereafter?

" 4. Whether the master was justified in neglecting to use the lead?

" 5. Whether the vessel was navigated with proper and seamanlike care?

" 6. What was the cause of the stranding?

" 7. Was the stranding caused by any wrongful act or default on the part of William Campbell, the master of the vessel?"

There can be no doubt that the course steered after passing Petchany lightship was a safe and proper one, but the mistake was in continuing that course for too long a time after making the Bielosarai Light. The distance at which that light can be seen is stated on the chart to be 10 miles, and although it may possibly be seen at a somewhat greater distance from the bridge in very clear weather, 12 miles would be about the extreme limit at which it would be reasonable to expect to see it. Now this light was first seen at 9.15 p.m., and from that time till 10.30 the vessel was kept with the light about one point on the starboard bow going full speed, and making about 8 knots an hour, and from 10.30 to 10.50 she was kept with the light about a point and a half on the starboard bow and going at the same speed. For more than an hour and a half, then, the vessel was kept with the light a point to a point and a half on the starboard bow going full speed, and during that time she must have made some 12 miles, quite sufficient to bring her close down upon the light, if not on to the Spit itself. This, then, was the cause of the vessel stranding where she did; she was kept so long, first on a W. by S., and then on a W. by S. 1/2 S. course, that when the course was altered to S.W. she was already too close to the Spit to clear it, and grounded within half a mile of it, and within a mile of the lighthouse, when she ought not to have gone nearer than within about 4 miles of them. But it was said by Mr. Roche, what measures could the master have taken to ascertain the position of his vessel, and to satisfy himself that he did not get too near the lighthouse? He had all the necessary means at his disposal; he knew that the light could not be seen at a greater distance than from 10 to 12 miles off; he knew that his vessel was making 8 knots an hour, and that, if he allowed her to run at that speed for an hour and a half, she would be ashore; it was not a question of taking a cast of the lead; he had the light clearly visible before him, and that ought to have been enough for him. it was not, as Mr. Roche has con. tended, a mere error of judgment; it was a wrongful act and default, and for which, in the opinion of the Assessors, there was no excuse.

The eighth question which we are asked is, "Whether, in the opinion of the Court, the agreement for salvage was a reasonable one; and whether there are any grounds for supposing that the master was in collusion with the salvors, and whether he received any portion of the amount paid by him for salvage?" No doubt the amount is large, seeing that the weather was fine, and that the services were of short duration; but as I said in the 'case of the "Littlebeck," there is here no competition among the salvors; Mr. Regier seems to be the only person who was able and willing to render the required assistance. The vessel, too, we were told, was worth 15,000l., and the cargo about 12,000l, to 13,000l., more; and although in the opinion of the owner the amount paid was excessive, he admitted that he did not see what else the captain could have done, and that he did not complain of his conduct. In our opinion there is no evidence whatever that the master was in collusion with the salvors, or that he received any portion of the amount which was paid for salvage.

There having been no material damage either to the vessel or to the cargo, the Court was not asked to deal with the master's certificate or to make any order as to costs.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur.

 

(Signed)

R. METHVEN,

Assessors.

 

 

H. C. KENNEDY,

 

L 367. 1783. 150.—12/83. Wt. 73. E. & S.