Wreck Report for 'Duke of Connaught' and 'Dragoman', 1887

(No. 3129.)

"DUKE OF CONNAUGHT" AND "DRAGOMAN" (S.S.)

The Merchant Shipping Acts, 1854 to 1876.

IN the matter of the formal Investigation held at Westminster, on the 21st and 22nd of January 1887, before H. C. ROTHERY, Esquire, Wreck Commissioner, assisted by Captains PARISH, CASTLE, and DYER, R.N., as Assessors, into the circumstances attending the loss of the sailing ship "DUKE OF CONNAUGHT," of London, and of the lives of 14 of her crew, through collision with the steamship "DRAGOMAN," of Liverpool, off Bardsey Island, in the Irish Channel, on the 2nd of January instant.

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 Charles Francis Le Vesconte Syvret, the second officer of the "Dragoman," and it accordingly suspends his master's certificate for six months, but recommends that during the period of the suspension of his master's certificate he be allowed a first mate's certificate.

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

Dated this 22nd day of January 1887.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur in the above report.

 

(Signed)

ALFRED PARISH,

 

 

 

JOHN S. CASTLE,

Assessors.

 

 

RICHD. C. DYER,

 

Annex to the Report.

This case was heard at Westminster on the 21st and 22nd days of January instant, when Mr. Muir Mackenzie and Mr. Lushington appeared for the Board of Trade, Mr. Charles Hall, Q.C., Dr. Raikes, and Mr. Sceales for the owners, master, and officers of the "Duke of Connaught," and Sir Walter Phillimore, Q.C., and Mr. Barnes for the owners, master, and officers of the "Dragoman." Ten witnesses having been produced by the Board of Trade and examined, Mr. Muir Mackenzie handed in a statement of the questions upon which the Board of Trade desired the opinion of the Court. A witness was then produced on behalf of the "Dragoman," and Dr. Raikes and Mr. Barnes having been heard on behalf of their respective parties, and Mr. Muir Mackenzie having replied for the Board of Trade, the Court proceeded to give judgment upon the questions on which its opinion had been asked.

The present case relates to a collision which occurred early on the morning of the 2nd instant, off Bardsey Island, between the sailing ship "Duke of Connaught" and the steamship "Dragoman," resulting in the total loss of the sailing ship and 14 out of 18 of her crew. Owing to the large number of the "Duke of Connaught's" crew who were drowned, the evidence from her as to the circumstances which preceded the collision is somewhat meagre; but so far as can be gathered from the statement of the master and of the look-out man, the only person out of the watch on deck who was saved, the facts, so far as she is concerned, are as follow:

She was an iron sailing ship, belonging to the Port of London, of 1,034 tons gross, and 999 tons net register; was built at Glasgow in the year 1859, and at the time of her loss was the property of Mr. Henry Workman, of No. 17, Gracechurch Street, in the City of London, shipowner, and others, Mr. Workman being, I presume, the managing owner. She left London on the 20th of December last, with a crew of 18 hands all told, 100 tons of cargo, and 500 tons of ballast, bound to Maryport in Cumberland, and thence to Normanton in Queensland. In going down Channel she encountered bad weather, which compelled her to put back to the Downs, and on the 23rd she came to anchor off Walmer Castle. There she remained until the 29th, when the voyage was resumed; and at 10 p.m. of the 1st instant she passed the lightship in Carnarvon Bay on a N.N.E. course by the standard compass, equivalent to N.E. magnetic, there being 2 points of easterly deviation on that course, and making about 4 knots an hour, the wind being light from about S.W. with a smooth sea. At midnight the light on Bardsey Island was sighted, and on the captain being informed he came up on deck, and took the bearings, which he told us were E.N.E. by the standard compass, or, allowing for deviation, east magnetic. At 2 a.m. the captain, who was in his cabin, hearing four bells strike came up on deck, and again took the bearings of Bardsey Island, which he found to be S.E. 1/2 E. by the standard compass, or, allowing for deviation, S.E. by S. 1/2 S. magnetic. It was then the second officer's watch, and he and the man at the wheel were on the poop; there was a man forward on the look-out, and the rest of the watch, four in number, were about the deck. After remaining on deck for about a quarter of an hour the captain again went below, leaving orders with the second officer to call him if he saw anything of a steam tug, and in about 10 minutes or a quarter of an hour afterwards, which would bring it nearly to half past 2, he heard the look-out man report two lights nearly right ahead, or a little on the starboard bow. He then heard the second officer go forward, and in about a quarter of an hour afterwards return, and as he passed the cabin door the second officer asked whether he was asleep, and on receiving an answer in the negative, he stated that he thought there was a tug boat coming. The captain then came out, and on doing so saw the masthead and green lights of a steamer, which afterwards proved to be the "Dragoman," about two points on the starboard bow, and distant from a mile to three quarters of a mile; and upon looking at the lights he told the second officer that it was not a tug boat but a passing steamer. At this time he said Bardsey Island Light appeared to be from 1 1/2 to 2 points abaft the beam, but he did not take the bearings by compass; it shewed him however, he said, that the vessel was on her course. He continued to watch the green light until it had got about four points on his starboard bow, when all of a sudden she opened her red light, and very shortly afterwards ran into them, striking the "Duke of Connaught" on the starboard side nearly abreast of the main hatchway, and cutting about 8 feet into the deck. That is the captain's statement, and it is confirmed in great measure by Langley, the look-out man, the only other witness from the "Duke of Connaught" who can speak to the facts, the other two who were saved having been below until the collision. According to Langley, he went on the look-out at 2 a.m., and about half an hour afterwards he saw two lights, one nearly ahead, but a little on the starboard bow, and which afterwards proved to be that of the "Dragoman," the other rather less than a point upon the starboard bow. He told us that on his reporting them the second officer came forward, and, after looking at them through his glasses, told him that they were the lights of two steamboats, and that he could see their green lights. After staying there some time, Langley told us that the second officer went aft, and that he then saw the "Dragoman's" green light come in sight, still very nearly ahead; that he then saw her red light appear, but that shortly afterwards the red light disappeared, and the green light again came in sight; that he continued to watch it, and as it approached it got broader on their starboard bow, when all of a sudden the red light again appeared, and she came straight for them, striking them in the way described by the master. Immediately after the collision the crew of the "Duke of Connaught," all or most of whom were by that time on deck, made a rush for the steamer, but before they could get on board, the "Dragoman" had backed out, and in about three minutes afterwards the "Duke of Connaught" sank. The chief officer, having succeeded in jumping clear of the vessel before she went down, swam off to the steamer, which was lying about a ship's length off, and was hauled up on board; but the rest of the crew went down with the vessel, and of these the master, the steward, and the look-out man were subsequently picked up by a boat which had been lowered by the "Dragoman," the others, 14 in number, having been drowned. That is the "Duke of Connaught's" case.

The case of the "Dragoman" is as follows:—She is an iron screw steamship belonging to the Port of Liverpool, of 2,815 tons gross and 1,839 tons net register, and is fitted with engines of 300 horse-power. She was built at Low Walker, on the Tyne, in the year 1885, and at the time of the casualty was the property of the Bedouin Steam Navigation Company, Limited, Mr. William Thomson, of Mersey Chambers, Liverpool, being the manager. She left Liverpool at 2.45 p.m. of the 1st of January instant, in water ballast, and with a crew of 29 hands all told, bound to Cardiff; passed the South Stack at 11.40 p.m., and at 1.40 a.m. of the 2nd was abreast of the Carnarvon Bay Lightship, distant 4 miles. At this time, we are told, it was blowing a fresh breeze from the S.W., and the vessel was on a S.W. by S. course, making from 7 to 8 knots an hour. It was the second officer's watch, and he and the man at the wheel, the vessel being under steam steering gear, were on the upper bridge; there was a man forward on the top gallant forecastle looking out, and the two others, who made up the watch, were on the main deck. On being informed that they were off the Lightship in Carnarvon Bay, the captain came out of the chart-room, and after remaining a short time on deck returned to the chartroom, leaving word with the second officer that he was 'to be called when they made Bardsey Light, or at all events in an hour. Accordingly at 2.40 the second officer, having made out Bardsey Light and taken its bearings, went down to the chart-room door, and told the master that Bardsey Light was in sight bearing S. by W. 1/2 W., and having done so he returned to the upper bridge, and in about two minutes afterwards, whilst looking round with his glasses, he saw the green light of a vessel, which proved to be the "Duke of Connaught," about a point and a half on his starboard bow, and distant from two to two and a half miles. After watching her for about half a minute through his glasses, he ordered the man at the wheel to starboard a point, which brought the light two and a half points on his starboard bow, and in about a minute afterwards the green light was reported by the lookout man forward. The second officer told us that he kept his glasses upon her, and in about another half minute he saw the red light appear, and after looking at her for another half minute, thinking that she had ported her helm, he ordered the helm of the "Dragoman" to be put hard-a-port. He said that he kept watching her with his glasses, and in another half minute he heard his name called by the captain, upon which he left the upper bridge and went down to the port side of the chart-room, where he saw the captain, who asked him what that light was; he answered that it was a sailing vessel shewing her red and green lights, and coming towards them. They then both went up on to the upper bridge, when the captain took the glasses, and said that he could only see the green light, upon which he asked how the helm was, and was told that it was hard-a-port. Seeing, however, to use his own words, that they were "uncomfortably close," he then ordered the engines to be stopped and reversed full speed, but before her way could be taken off she struck the "Duke of Connaught" in the way already stated. Orders were at once given by the captain to lower one of the boats, and in about a quarter of an hour the pinnace got away, but not before the chief officer of the "Duke of Connaught" had swum alongside and been taken on board. In about an hour they returned, bringing back the master, the steward, and the look-out man of the "Duke of Connaught," but the "Dragoman" remained on the spot till daylight, when, seeing nothing of any of the remainder of the crew, put about and returned to Liverpool, where she arrived the same afternoon.

These being the facts of the case, the first question upon which our opinion has been asked is, "Did " the 'Duke of Connaught,' when approaching the " 'Dragoman' so as to involve risk of collision, comply " with the Regulations for Preventing Collisions at " Sea; and in particular, did she keep her course as " required by the said regulations?" We were told by the master of the "Duke of Connaught," that when he came on deck some five minutes before the collision the green light of the "Dragoman" was about 2 points on their starboard bow, and that at that time Bardsey Island Light bore from 1 1/2 to 2 points abaft the beam, shewing him, he said, that his vessel was keeping her course. On the other hand, it was said by Mr. Barnes that as the "Duke of Connaught" intended to take a tug boat, if she fell in with one, it is very probable that the second officer, when he saw the lights of the "Dragoman" on his starboard bow, and believed, as it is admitted he did, that they were those of a steam tug, ported his helm to get nearer to her, and thus brought her red light into view. It was further argued by Mr. Barnes that the fact mentioned by the master that, when he came on deck, Bardsey Island Light bore 1 1/2 to 2 points abaft the beam, shews that she must at that time have ported her helm, for that at 2 or 2.15 a.m., when he had before taken the bearings of Bardsey Light, it bore S.E. 1/2 E. by standard compass, or S.E. by S. 1/2 S. magnetic, which would be a point and a half abaft the beam; and that by 2.45, when the master came up just before the collision, the light would necessarily have got further aft, and would have been S. by E. 1/4 E. magnetic, and not, as the master said, S.E. by S. 1/2 S., or S.S.E. magnetic. But the master stated that he did not then take the bearings of the light by compass, and only guessed it to be 1 to 2 points abaft the beam; and the assessors tell me that, if you do not take the bearings by compass, you are very likely to be out as much as a point, or even more; it is therefore quite possible that the light, instead of being S.S.E., as the master supposed, may have been S. by E. 1/4 E., or 3/4 of a point more to the southward, as Mr. Barnes has stated. Moreover, we are told that it never is the practice for a vessel to alter her course to pick up a steam tug, but that the steam tug, being anxious to get employment, always alters her course towards the vessel, and that the second officer, being an old channel pilot, would know this, and would not be likely to alter his course, even if he had thought it was a steam tug. But we have the evidence of Langley, the look-out man on board the "Duke of Connaught," which, if we believe it (and I know no reason why we should not do so), conclusively proves that, from the time of first seeing the "Dragoman's" light, the "Duke of Connaught" could not have ported her helm, as is contended; he tells us that, when he first saw the light of the "Dragoman," it was nearly ahead, but a little on the starboard bow; that when the green light appeared it was also nearly ahead, but a little on the starboard bow; that he watched the lights from that time, and that they continued on the starboard bow, growing broader as the vessel approached, until suddenly all three lights appeared, and she came into them; and that the "Dragoman's" lights were never on his port bow; and, if so, it is impossible that the "Duke of Connaught" could have ported substantially as is pretended. At the same time, we are quite prepared to admit that the red light of the "Duke of Connaught" may have been seen, and probably was seen, by those on board the "Dragoman," for otherwise it is inconceivable that the second officer of that vessel should have ordered the helm to be put hard-a-port; and, if we consider the relative courses and positions of the two vessels, nothing is more reasonable than to suppose that the "Duke of Connaught's" red light may at one time or another have become visible to the "Dragoman." It must be remembered that the two vessels were not on directly opposite courses, but, whilst that of the "Duke of Connaught" was N.E., that of the "Dragoman" was S.W. by S., crossing one another at an angle of one point, so that when the "Dragoman" was directly ahead of the "Duke of Connaught" she would have the "Duke of Connaught" one point on her starboard bow; and when a little on the "Duke of Connaught's" starboard bow, the "Dragoman" might very well have had the "Duke of Connaugt" a point and a half upon her starboard bow. And this was probably the position in which they were when the "Dragoman's" lights were first seen from the "Duke of Connaught" for Langley tells us that those lights were nearly ahead, but a little on the starboard bow. Now with the two vessels in this position, the assessors tell me that it is extremely probable that the "Duke of Connaught," being as she was before the wind, would yaw as much as a point one way or the other, and if so she would bring her red light into view; but this would not be altering her course; and if the second officer of the "Dragoman" had exercised only the same amount of discretion that the look-out of that vessel did, who saw the "Duke of Connaught's " red light for a short time, and then saw it disappear and the green light appear again, he would have seen that the red light had come into view, not because she was altering her course, but because she was yawing about, as a vessel would naturally do under such circumstances. In our opinion the "Duke of Connaught" when approaching the "Dragoman" did keep her course as required by the Regulations for Preventing Collisions at Sea.

The second question which we are asked is, "Was a " good and proper look-out kept on board the 'Duke " of Connaught,' and was the casualty in any and " what way due to the lack of a sufficient look-out on " board that vessel?" From the evidence of Langley it appears that he saw the "Dragoman's" masthead light some 20 minutes before the collision, and reported it, and that the second officer thereupon went forward and examined it with his glasses. There is not, therefore, the slightest ground for thinking that there was not a good and proper look-out kept on board the "Duke of Connaught."

The third question which we are asked is, "Was the " master or the second officer of the 'Duke of Con- " naught' absent from the deck at a time when the " safety of the vessel required his presence there? And " was the casualty in any and what way due to the " absence of the master or second officer from the " deck?" It does not appear that the second officer was ever absent from the deck. He went forward when the lights were reported, as it was natural for him to do, and in returning along the main deck he would necessarily pass the cabin door, and when there he informed the captain, as it was his duty to do, that there were two steamers in sight, and that he thought one of them was a steam tug, and he then returned to the poop, and remained there till the collision, As to the master he was lying down on a couch in the cabin, and there seems to have been no special reason for his presence on deck. The weather was fine, the night clear, and the deck was in charge of the second officer, who had been an old channel pilot, with a watch of 6 A.B.'s to assist him. If ever there was a time when a master might with safety go below it was this, and it would be unreasonable to expect that he should always be on deck day and night. He was ready in case his services were required, and that is all that could reasonably be expected under the circumstances. We do not think that the casualty was in any way attributable to the master's absence from the deck.

The fourth question which we are asked is, "When " the 'Dragoman' was approaching the 'Duke of Con- " 'naught' so as to involve risk of collision, were " proper measures taken on board the 'Dragoman' " to keep out of the way of the 'Duke of Connaught'?" It is admitted that it was the duty of the "Dragoman" to keep out of the way of the "Duke of Connaught;" let us see then what reason the second officer, who was in charge of the deck at the time, gives for not doing so. He says that after he had got the "Duke of " Connaught's" green light 2 1/2 points on his starboard bow by starboarding his helm one point, he saw the red light of the "Duke of Connaught" appear, and, thinking that she was porting her helm, he gave the order to hard-a-port. He said that shortly after this, and when she was still shewing him both her lights, he left the upper bridge and went on to the lower bridge to speak to the master; and that when they returned to the upper bridge, the vessel was shewing her green light only, and it was then, and then only, that the master ordered the engines to be stopped and reversed full speed. In starboarding his helm, at first one point, so as to give the "Duke of " Connaught" a wider berth, the second officer no doubt acted quite rightly; but in afterwards hard-a-porting his helm when the red and green lights were seen 2 1/2 points on his starboard bow, and in then leaving the upper bridge to go and speak to the captain, the engines all the time being kept going ahead full speed, he did his best to bring about a collision. He admitted that the green light of the "Duke of " Connaught" always remained in sight, and had he, when he saw the red light, waited, as the look-out man did, for a short time, instead of leaving the upper bridge to speak to the master, he would have seen the red light disappear and the green light alone remain in view, and he would have known that she had not altered her helm, but was simply yawing; and his proper course then would have been to keep his helm a-starboard, passing her starboard side to starboard side. We are of opinion that proper measures were not taken on board the "Dragoman" to keep out of the way of the "Duke of Connaught."

The fifth question which we are asked is, "When " the 'Dragoman' was approaching the 'Duke of " Connaught,' so as to involve risk of collision, was the " speed of the 'Dragoman' slackened, and were her " engines stopped and reversed with proper prompti- " tude, and were the provisions of Article 18 of the " said Regulations duly complied with on board the " 'Dragoman'?" We are told that the "Dragoman" passed the Lightship in Carnarvon Bay at 1.40 a.m., and that at 2.40 she sighted Bardsey Light, distant from 10 to 12 miles. Now the distance from the Lightship to Bardsey Light is about 21 miles, and as the tide was running, as the master has said, at the rate of about one knot an hour against them, it is clear that she must have been going at least about 10 knots an hour through the water. It is under these circumstances that the second officer leaves the upper bridge to speak to the master after ha d-a-porting his helm, with the "Duke of Connaught's" red and green lights shewing 2 1/2 points upon his starboard bow. It was clearly his duty, before he left the upper bridge, to satisfy himself which way the "Duke of Connaught" was going, and if he had had any doubt on the point to have stopped and reversed full-speed. He, however, did nothing of the kind, but left it to the captain to give the order to stop and reverse, when the vessels were so close to one another that a collision was inevitable. It is clear therefore that he has violated the provisions of Article 18 of the Regulations.

The sixth question which we are asked is, "Was " a good and proper look-out kept on board the " 'Dragoman,' and was the casualty in any and what " way due to the lack of a good and proper look-out " on board that vessel?" It was said by the second officer that there were passing banks of fog, but the last of these banks of fog seem to have passed half-an-hour before the collision; they had therefore nothing to do with this casualty, or with the vessel not having been seen sooner than she was. According, however, to the second officer, when he went down to the chartroom to report that Bardsey Light was in sight, he opened the door and saw that it was 2.40 by the chartroom clock. He then went up on to the upper bridge, and 2 minutes after he got there he saw the green light of the "Duke of Connaught" 1 1/2 points on his starboard bow. The master, when Bardsey Light was reported to him, first laid her position down on the chart, and as he left the chart-room he said that he observed that the clock was about 2.45, a minute one way or the other; he remained on the lower bridge for a short time to get his sight, and after calling the second officer from the upper bridge and speaking to him, they both went up on to the upper bridge, and in a minute and a half to two minutes after that the collision occurred. Assuming then these estimates of the time to be correct, the green light of the "Duke of Connaught" must have been seen by the second officer of the "Dragoman" at least 6 minutes before the collision. Now it must be remembered that the speed of the "Dragoman" through the water was 10 knots at least, that of the "Duke of Connaught" 4 knots, so that they were approaching one another at a joint speed of from 14 to 15 knots an hour, or at the rate of a knot in about 4 minutes; and, if so, the green light of the "Duke of Connaught" must have been seen by the second officer of the "Dragoman" when they were yet from a mile to a mile and a half from one another, and therefore in ample time to have avoided a collision, had the proper steps been taken. There would seem, therefore, to have been a good and proper look-out on board the "Dragoman;" but to leave the upper deck when the vessels had approached to within about half that distance, and the "Duke of Connaught" was heading straight for her, shewing both her lights, was almost as bad as having no look-out at all.

The seventh question which we are asked is, "Was " the casualty due to any and to what neglect or " default of the master or of the second officer of the " Duke of Connaught?" In our opinion no blame whatever attaches either to the master or to the second officer of the "Duke of Connaught."

The eighth question which we are asked is, "Was " the casualty due to any and what neglect or de- " fault of the master or of the second officer of the " 'Dragoman'?" In our opinion no blame whatever is attributable to the master of the "Dragoman," who, as soon as he saw the dangerous proximity of the vessel, took the only proper step by ordering the engines to be stopped and reversed full speed. As regards, however, the second officer, we think that he is to blame for having hard-a-ported his helm on seeing the "Duke of Connaught's" red light, and in not waiting to see whether she had really altered her course or not, she being at the time 2 1/2 points on his starboard bow; in leaving the upper bridge when he did, with the "Duke of Connaught" shewing both her lights 2 1/2 points on his starboard bow, and in not stopping and reversing full speed, if he had any doubt as to which side she was about to pass them.

The ninth question which we are asked is, "Whether " every possible effort was made by those on board the " 'Dragoman' to save life?" No doubt the master and crew of the "Dragoman" did everything in their power to save the lives of the unfortunate crew of the "Duke of Connaught" after the collision. It seems, however, that she had all her boats swung in-board and covered up, so that it necessarily took some time to get them out; and the assessors are decidedly of opinion that it would be well that these large vessels, when in the British or Irish Channels, or on the coast, should have one boat at least uncovered and ready to be lowered into the water at once in case of necessity.

Lastly, it is said that "the Board of Trade are of " opinion that the certificate of the second officer of the " 'Dragoman' should be dealt with." It has been urged by Mr. Barnes that even if the second officer made a mistake in porting his helm, it was merely a mistake, for which the Court ought not to punish him by dealing with his certificate. And no doubt, if that was his only fault we might be disposed to say that the porting the helm was an error of judgment, for which the Court never deals with an officer's certificate. But in leaving the upper bridge as he did, and in not stopping and reversing the engines after he had put his helm hard-aport, and when the "Duke of Connaught" was 2 1/2 points on his starboard bow and shewing both her coloured lights, and when, consequently, there was risk of collision, we think that the second officer has been guilty, not only of great neglect, but also of a direct violation of the Regulations for Preventing Collisions at Sea; and we shall, therefore, suspend his master's certificate for six months. The Court, however, on the application of Sir Walter Phillimore, agreed to recommend to the Board of Trade that during the suspension of his master's certificate he should be allowed a chief mate's.

 

(Signed)

H. C. ROTHERY,

Wreck Commissioner.

We concur.

 

(Signed)

ALFRED PARISH,

 

 

 

JOHN S. CASTLE,

Assessors.

 

 

RICHD. C. DYER,

 

50022#151;140. 200.—1/87. Wt. 12. E. & S.