Wreck Report for 'Mildred' and 'El Dorado', 1886

(No. 2918.)

"MILDRED" AND "EL DORADO" (S.S.)

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal Investigation held at the Sessions House, Westminster, on the 11th of May 1886, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Captain RONALDSON, Captain BEASLEY, and Captain KIDDLE, R.N., as Assessors, into the circumstances attending the loss of the sailing ship "MILDRED" and one of her crew, through collision with the steamship "EL DORADO," in the English Channel, on the 28th of April 1886.

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 wrongful acts and defaults of David Thomas Balmanno, the chief officer of the "El Dorado," and it accordingly suspends his master's certificate for six months, but recommends that during the period of such suspension a first mate's certificate be granted to him.

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

Dated this 11th day of May 1886.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur in the above report.

 

(Signed)

A. RONALDSON,

THS. BEASLEY,

JAMES KIDDLE,

Assessors.

Annex to the Report.

This case was heard at Westminster on the 11th of May 1886, when Mr. Pyke appeared for the Board of Trade, and Mr. Nelson for the owners of the "El Dorado." The masters and chief officers of both vessels were present, but were not represented by either counsel or solicitors. Nine witnesses having been produced by the Board of Trade and examined, Mr. Pyke handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. Mr. Nelson having then produced a witness, addressed the Court on behalf of his parties, the chief officer of the "El Dorado" was heard on his own behalf, and Mr. Pyke 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 "Mildred" was a wooden schooner belonging to the Port of Padstow, of 114 tons gross and 99 tons net register. She was built at Plymouth, in the county of Devon, in the year 1875, and at the time of her loss was the property of Mr. William Cock Phillips, of Port Isaac, Cornwall, and others, Mr. Phillips being the managing owner. She left Western Point, in the River Mersey, on the 20th of April last, with a crew of 5 hands all told, and a cargo of 186 tons of rock salt, bound to Harlengen, in Holland; and at about 2.30 a.m. of the 28th was in the English Channel, Anvill Point, which is at the entrance to Swanage Bay, bearing about north, distant from 12 to 13 miles. The weather, we are told, was fine and clear, the sea smooth, with a light air from about east, and the vessel was proceeding under all plain sail, close hauled to the wind on the starboard tack, heading about N.N.E., and making 1 to 1 1/2 knots an hour. The watch consisted of the mate and a seaman named John Snelling, who was at the wheel. At this time the mast-head light of a steamer, which afterwards proved to be the "El Dorado," was observed away o?? the starboard beam, and at a distance of about 3 miles, and shortly afterwards the red light appeared. The "Mildred" continued her course close hauled to the wind, and at length, seeing that the steamer was bearing down upon them and that a collision was inevitable, the mate called all hands, but they had hardly got on deck when the steamer came into them, striking the schooner a stem on blow on the starboard bow, and cutting her down below the water's edge. All hands except one succeeded in clambering on board the steamer, and in two or three minutes after the collision the "Mildred" went down, carrying with her the cook, who had not been able to get out of her in time, and although a boat was quickly lowered they were not able to find him.

The case of the "El Dorado" is as follows:—She is an iron screw steamship, belonging to the Port of London, of 1,342 tons gross, and 863 tons net register and is fitted with engines of 150 horse power. She was built at North Shields in the year 1882, and at the time of the casualty was the property of the "El Dorado," Steamship Company, Limited, Mr. Thomas Scrutton, of No. 9, Gracechurch Street, London, being the manager. She left London on the 27th of April last, with a crew of 23 hands all told, in water ballast, bound to Cardiff; and early on the following morning was proceeding down Channel, steering a W. 1/2 N. course, and making from 9 1/2 to 10 knots an hour. The weather at the time was fine and clear, with a smooth sea, and light airs from the east. It was the mate's watch, consisting of himself, the boatswain, and two A. B.'s; the mate was on the upper bridge directing the navigation, the boatswain was forward on the look-out, one of the A.B.'s, a man named Thomas Headland, was at the midship wheel, which is on the upper bridge, and the remaining man was knocking about the deck. Whilst thus proceeding, Oastra, the boatswain, who was forward on the look-out, told us that he saw the green light of a vessel, which afterwards proved to be the "Mildred," a point and a half on the port bow, and about two miles off, and that he reported it. The mate, however, says that he did not hear the report, and nothing was accordingly done until they had approached to within a short distance of one another, when Headland, the man at the wheel, called the mate's attention to it, upon which the latter at once ordered the helm to be put hard-a-port, and telegraphed to the engine room to stop and reverse full speed, but they had hardly time to get the helm over before the collision occurred in the way already stated. On hearing the telegraph, the captain, who was in the chart room, at once came on deck, and telegraphed to the engine room to stop the engines; and finding immediately afterwards that one of the crew of the schooner was missing, he gave orders for one of the boats to be lowered; and in from ten minutes to a quarter of an hour afterwards the cutter on the starboard side was put into the water; but after pulling about for about a quarter of an hour or twenty minutes without finding the missing man, they returned to the steamer, and the "El Dorado" then continued her voyage, and in due course arrived at Penarth, and there landed the survivors from the schooner.

These being the facts of the case, the first question upon which our opinion has been asked is, "Whether " both vessels complied with the regulations for pre- " venting collisions at sea?" By the 17th and 22nd articles of the regulations it was the duty of the "El Dorada" to keep out of the way, and of the "Mildred" to keep her course. The "Mildred," we are told, did keep her course up to the time of the collision, and therefore complied with the regulations. But the "El Dorado" did not keep out of the way, and thus violated the 17th article of the regulations.

The second question which we are asked is, "To " what cause was the breach of articles 17 and 18 " of the aforesaid regulations by those on board " the 'El Dorado' due?" The reason why the "El Dorado" did not keep out of the way of the "Mildred," as it was her duty to do, was because the "Mildred" was not seen in sufficient time by the mate to enable him to give the necessary orders to clear her.

The third question which we are asked is, "Whether " a good and proper look-out was kept on board the " 'El Dorado' by the officer of the watch, and the " boatswain or either of them?" According to Oastra, the look-out man, he saw the green light of the "Mildred," when she was yet a couple of miles away, and reported her; but he admits that he received no answer to his report; and although he saw that the vessels were approaching one another, so that, if each continued her course, there must inevitably be a collision, he never took the trouble to make a second report, but remained on the forecastle until just before they were about to strike, when he jumped down to save himself; and the excuse, which he gave for so doing, was that steamers are in the habit of going very near to other vessels, and that he thought the mate was all the time looking at her, and would clear her at the last moment. The mate told us that he was at the time a little on the port side of the centre of the upper bridge, looking out ahead; that he heard no report from the look-out man forward, and that his attention was first called to the light of the "Mildred" by the man at the wheel saying to him, "Do you see that light, Sir?" and although he at once gave orders to hard-a-port the helm, and to reverse the engines, they were then too close to clear her. He told us that he had been looking out for Anvil Point Light, at the same time looking ahead and all round, it being as he truly stated, the duty of the officer of the watch to have his eyes everywhere. But if so, there being no pretence that the "Mildred's" green light was not burning brightly, there seems to be no justification for his not having seen it sooner; and the only reason that we can suggest is that he was not keeping a good look out. In our opinion a good and proper look out was not being kept on the "El Dorado."

The fourth question which we are asked is, "Whether " every possible effort was made to save life?" In our opinion everything was done which it was possible to do under the circumstances to save the life of the unfortunate man who went down with the vessel. Two buoys were thrown to him by the mate of the "El Dorado," and then one of the boats was launched, but in all probability he was sucked down by the vessel.

The fifth question which we are asked is, "Was there " any delay in lowering a boat from the 'El Dorado,' " and, weather permitting, ought not a boat always to " be kept swung out on each quarter ready for lower- " ing." All the boats, we are told, were on the bridge secured on chocks, and every possible despatch seems to have been used to lower one of them into the water, Some time would, however, necessarily be occupied in doing so, and under these circumstances we are asked, whether vessels ought not always, whenever the weather permits, to have a boat kept swung out on each quarter ready for lowering. Personally I can offer no opinion on the point, but I am advised by the Assessors that in their opinion all vessels should do so, whenever the weather permits, so that the boats might be available at the shortest possible notice, in case a man should fall overboard, or an accident such as this occur. We are told also that on the present occasion the sea was smooth, and that there was a light air from the east, so that there would have been no difficulty in the "El Dorado" having one of her boats thus swung out, in which case it could have been lowered into the water much more quickly.

The sixth question which we are asked is, "Whether " both vessels were navigated with proper and sea- " manlike care?" The "Mildred" having been kept on her course close hauled to the wind up to the moment of the collision was, in our opinion, navigated with proper and seamanlike care. On the other hand the "El Dorado" was not; for instead of keeping out of the way, as it was her duty to do, she was kept going at full speed without altering her course, until she had approached so close as to render a collision inevitable.

The last question which we are asked is, "Whether " the master and officers of the 'El Dorado' are or " either of them is in default?" and it is added that " the Board of Trade are of opinion that the certificate " of David D. Ballmanno, the mate of the 'El Dorado' " should be dealt with." No blame seems to attach to the master, who only came on deck just as the collision was about to occur; the whole blame for the collision rests with the boatswain and the chief officer. The conduct of the boatswain in not taking any steps to satisfy himself that the mate had heard his report, when he saw the two vessels approaching one another in such a way that a collision was inevitable, unless the steamer altered her course, is in our opinion highly reprehensible. At the same time the chief responsibility must rest with the mate, who was the officer of the watch. He told us that previously during the same watch they had passed two steamers, neither of which had been reported by the boatswain; from which he wished us to infer. that the boatswain had perhaps not reported the light of the "Mildred;" but this in our opinion does not improve the mate's position, for if they had previously passed two steamers, whose lights should have been reported by the boatswain, he should have called the boatswain's attention to the circumstance, and should have exercised a more vigilant look out, knowing how little he could depend upon the look-out man. It appears to us that there is no justification for the mate not having seen this vessel in sufficient time to have avoided her, and that the reason why he did not see her, was because he was not keeping a proper look out. His neglect has caused the entire loss of this vessel, for which he can make no compensation, and the death of one of the crew; and under these circumstances the assessors are of opinion, notwithstanding the good character which he has received from the owner, Mr. Scrutton, that it is a case in which the Court is bound to deal with his certificate. It seems that he holds a master's certificate, and they think that it should be suspended for six months; they will however at the same time recommend to the Board of Trade that during the suspension of his master's certificate he should be allowed a first mate's certificate.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur.

 

(Signed)

A. RONALDSON,

THS. BEASLEY,

JAMES KIDDLE,

Assessors.

L 367. 2699. 200.—5/86. Wt. 12. E. & S.