VICE-ADMIRALTY COURT.

New Zealand Times, Volume XXIX, Issue 4268, 24 November 1874, Page 2

VICE-ADMIRALTY COURT.

Monday, November 23. (Before His Honor Mr. Deputy Judge Johnston.) THE STRATKNAVER SALVAGE CASH. Mr. Gordon Allan and Mr. Izard appeared for the salvors, the captain and owners of the as. Stormhird ; Mr. Travers for the captain, owners, and consignees of the ship Strathnaver. J. 0. Crawford, Esq., the Marshall, having formally opened the Court, Mr. Allan commenced the case by calling— Eugene Bellairs, examined by consent of both sides, stated that he was chief draftsman in the Provincial Survey Office, and knew Stokes’ and Drury’s charts, which he had enlarged. Except as to soundings, the chart produced is a reproduction of the original. The scale is about 6Jin. to a nautical mile. Peter Doile stated, I am a master mariner and have been at sea twenty-five years. I have been a master thirteen years off and on, my experience being chiefly confined to New Zealand sailing. I have traded out of this port for sixteen years as second mate and master. The heads at the entrance to the port are called Pencarrow head and Palmer head, and the pilot station is about two-thirds of a mile from the Steeple rock. To the eastward of the West Ledge is Barrett’s reef. The outer rock is half a mile from the West Ledge. There is a rock awash to the S.W. of the outer rock. The rock called in the chart “ the outer rock” is 10ft. out of water, but there is another rock which is to the south-west of it, which is awash. The rise and fall of the tide here varies from 2Jft. to sft. Erom outer rock awash to Pencarrow light is a little under three-quarters of a mile. Chaffer Passage is the channel between Barrett’s reef on one side and the land. The West Ledge reef consists of rocks nearly all of which are visible ; there is a boat passage between the rocks. The average depth of the water in Chaffer’s Passage is from six to seven fathoms. The width of the passage varies from a mile to a quarter of a mile. Erom the West Ledge to Dorset point is about a mile and a quarter. I would not consider it proper to take a vessel of 1000 tons drawing 18ft. in any state of weather or tide through the passage. I never knew any sailing vessels larger than coasters from thirty to sixty tons to go through the passage. The steamers Ladybird and Airedale have gone through. A vessel of 1000 tous could not go safely through the passage without a good commanding breeze from the South. Several sunken rocks are known to exist there, so that a vessel would require a fair wind to sail straight through the passage. Somes Island light shows three sections, green, white, and red, divided by projecting screens. Opening the red light indicates danger on the west side, and the green light danger on the east side. A navigator who knew the port thoroughly might sail a little on one side or the other, but to be thoroughly safe the white light only should be seen. Somes Island light can be seen two miles to the southward at sea. The pilot should join the ship at not less than three miles from the land ; Hhat is a maritime rule. A vessel at sea cannot be seen from the pilot station at Wox-ser Bay, so that the pilot is dependent upon the signal station at Beacon Hill for information as to ships approaching the port. Erom the signal station in daylight could see a large ship coming from the North about seven miles, from Cape Palisser about six miles, and from the South about twelve miles, according to the state of the atmosphere. In heavy weather it would take the pilot an hour after signal to get from the pilot station to the Heads—-with such a boat as he uses and four hands ; under the most favorable circumstances it would take him half-an-hour. The rate of the current is from half a mile to two miles an hour, being strongest during the ebb tide. The time of rise and fall of the tide cannot be depended upon, nor can the rate of the current, local causes exercise so great an influence. On Monday, Slst Aug., I was in command of the s.s. Stormhird ; we sailed at 7.30 that evening for Wanganui ; the Manawatu sailed 2J-hours before xls. The wind had been light all the day from the S.E., but it died away almost to a calm. What wind there was between eight and nine o’clock was from the S. and E. When we got abreast of the Steeple rock my attention was drawn by the chief officer to a vessel showing blue-lights and rockets. She bore from us in the dix-ection of Chaffer’s Passage and to the S. and W. of Barrett’s reef. I took my glasses, and went on to the bridge, and saw the loom of a large vessel. I likewise saw a green light. On nearing the Heads, opposite Barrett’s reef, I made out the ship. I was then about 100 yards north of the outer rock. The green light was about 2J points before our beam, that would place it to the S.W. of the outer rock. I cousidei'ed the vessel was limning into danger, because she was going into Chaffer’s Passage. I burned a blue light to indicate the channel, and steamed with all possible haste towards hex - . She was about two cables’ length from the point of the West Ledge, which is nearest the outer rook, and was heading towards tho old pilot station. I intended steaming up to the ship's bow's, but finding her closer to the reef than I expected I went under her stern. The ship was between me and the high land, and I could not see her canvas very well, but I saw that she had her topsails set, and her yards all square. The wind was then vex-y light from S.E., and there was a good deal of sea, as if the wind had just taken off. It was about slack water, and she seemed to be going at the rate of about a mile and a half or two miles, I sang out to those on board to port the helm, and steer for the light, as the ship was nmnixxg on the reef. I meant Pencarrow light,

as no other light was visible. A short time after that, the engines having been stopped four or five minutes, I saw the ship slowly alter her course to port. She then headed to the eastward, but I could not then see the position of her yards ; as I had not reversed the engines, the way we had on and the progress made by the ship took us a mile apart. I then came round and came up to the ship. She was then near the outer rock, heading nearly E, I got within fifty yards of her and saw that her yards were braced up on the starboard tack. There was then scarcely any wind, and the swell was setting from the southward. I called out to the people on board the ship to let go the anchor, but they did not do so. She was gradually setting in towards the west side of Barrett’s reef. She had no way on, and was drifting with the sea. The outer rock was on her starboard bow. I was then hailed by some one on board the ship, whom I afterwards found to be Pilot Holmes. He said, “ Stormbird, ahoy ! Will you tow us clear of the reef 2” I said, “ Is that you. Pilot Holmes He said, “ Yes.” I said, “ Send your boat with a line.” I steamed under the ship’s bow to receive the line from the pilot’s boat. While making the line fast some one aboard the ship asked “What are you going to charge for towing us.” I replied, “ This is no time for making bargains, we’ll settle that when we get to town.” Nothing more was said, and the line was made fast. I steamed gently ahead toward the lighthouse, keeping the lighthouse on the starboard bow. The ship, instead of keeping in the track of the steamer, came up on her port quarter. She went closer to the rock than we did, and I asked the pilot to follow the steamer. He said, “ We’re all right ; the white light will be in sight presently." He also asked me to hoist a lantern so that he might have something to steer by. While we were getting the light up the tow line parted. I stopped the engines, backed astern, and received the line again. The ship was just then rounding the outer rock, which was on the ship’s quarter, about 250 feet distant. The ship had fair steerage way on her, and was towing smoothly when the rope parted. I felt no great check. The same rope was brought on board again, and we towed ahead at half-speed. I was very careful, as the ship being close to the rooks, I was doubtful whether I would get a second line on board. I got the ship clear of the rocks into the main channel, and when abreast of the Pinnacle rock the pilot hailed me again and said, “ Do you wish to proceed, Doile ; we’re all right now.” I said, “ We are too late for the tide, we might as well take you up.” We lost twenty-four hour's by towing the vessel in. The steamer had immigrants on board, and the loss caused by the detention was about £75. The ordinary rate for towage, if I had been passing in, would be £2O, or if I had got up steam to go out to her, £4O. On my return from Wanganui I met Captain Devey at Mr. Turnbull’s office, and had a conversation with tn'in in reference to this matter. He said he had seen a letter from me in the paper which made him very uneasy ; he had come to see Mr. Turnbull and me to try if some amicable settlement could not be come to. I told him that we could not think of accepting mere towage for the risk and inconvenience we had suffered, but that we were willing to entertain any proposal he might make. Captain Devey said he wished to have a day to consider the matter. We had some conversation about the position of the ship, and I asked him if he knew the position he was in when I came up to him. He said he was not responsible for the position of the ship, as the pilot was on board a quarter of an hour before I came up to him. I said “ Were you aware that you were ■within two cables’ length of the West Ledge reef.” He said “ I saw the reef when you sung out, and by my own judgment we were only one cable’s length off.” I said, “ It might be so, as you had a better chance of seeing than I had, as the ship was between me and the reef.” I never spoke to him upon the subject. I am of opinion that the ship could not have got out of her dangerous position without assistance. Cross-examined by Mr. Travers ; I obtained my master’s certificate in 1868. I have never commanded a largo sailing ship since I have had the certificate. The certificate was granted by the Marine Board, Wellington. I have sailed in ships of 1100 tons downwards. I have not sailed in a large ship since 1855, when I was twenty-one years old. I was then an apprentice, acting as second mate. I have commanded the Stormbird for four or five years. When the Stormbird was going out on the particular day mentioned in this case she was going about 71 knots. Shortly after she was driven at full speed—eight knots. Question : How do you account for the Strathnaver not running on to the West Ledge, in the time which elapsed from your first sighting her to your hailing her, when you say that she was only two cables’ length from the rock when you were half a mile away. She had her topsails set and the wind aft ? Answer : Her position did not perceptibly change. I noticed that the ship altered her course immediately after I passed her, and I considered the instruction I gave them to port the helm took her out of danger. Question ; Assuming the ship to be on the starboard tack, close hauled, with the wind S.E., and lying within six points of the wind, what would her course be 2 Answer ; E.N.E. Question : What course, with the wind S.E., would the Strathnaver make on the starboard tack from the point where you called out “ Port your helm 2” Answer : It is impossible for me to say what course she would make. Question : You said the ship had her topsails set, her main topgallant sail partly set, and her foresail overhauled 2 Answer : Yes ; they were set and were aback. Question : Would not that then take her away from the rock 2 Answer : There was not enough wind to take her one way or’ the other ; there was not even enough to take away the steamer’s smoke. The set of the sea being from the south, and there being little wind, the vessel would of comjie make leeway up Chaffer’s Passage. Only a minute and a half elapsed from the time the people on board the ship asked to be towed till the rope was made fast. When the rope parted it took some time to get it fast again ; I could not say how long. I then proceeded to tow her round the outer rock. We had immigrants on board. None of them were “tight” or “fresh,” nor was there any noise amongst them. There was great shouting and hurrahing on board the ship, but it did not interfere with the conversation between me and Pilot Holmes. I could not see up Lyell’s Bay ; it was very dark. Tb moon appeared over the hill when we were going up the channel. I wrote a letter to the New Zealand Times about this matter, and in that letter I used the words, “ When abreast of the Pinnacle Bock I observed a vessel's light in the offing.’ I also said in the letter that “on nearing the Heads, saw a ship standing in for the old pilot station, on the west side of .Chaffer’s Passage, under topsails and maintopgallant sail.” I was under the impression when I first saw the ship that her maintopgallant sail was set, but I found afterwards that X could not tell very well whether it was or not. What 1 saw did not therefore confirm the statement in the letter. [Other portions of the letter were referred to by Mr. Travers, and answers elicited much at variance with the printed matter.] I did not communicate with Captain Devy until after X had written the letter. With a smart commanding breeze from the south-east, and a person who knows the passage thoroughly, a large ship could go through Chaffer’s Passage. I have known Pilot Holmes for many years, and consider him a competent man. I was not surprised to find her in such a position with Pilot Holmes on board, because the ship might have got there without his being able to help himself. The only way the ship could have been saved was by anchoring, but I saw no preparations being made for anchoring. Mr. Dicker, chief officer of the Stormbird, gave evidence so little at variance with that of Captain Doile that it is unnecessary to reproduce it. In cross-examination by Mr. Travers the witness stated that from the first hailing to the last only a period of thirty seconds to a minute elapsed. He could not say how far they were from the Strathnaver when they hailed her. There was a good deal of noise on hoard the ship and on board the steamer too; couldn’t very well have a lot of people on board without having a great deal of talk. When the steamer hailed the ship the engines were stopped, and the way she had on carried

her about 150 yards past the ship. If Captain Doile said she went a mile past he would say so too; what the captain said he would stick to; in fact, ha would now say that he did not know how far she went. If the ship were a log the wind and the set of the sea would carry her up Chaffer’s Passage; but with the tide setting out and the sea setting in she would he carried on to Barrett’s Beef, The set of the tide and the sea would carry her to sea. It was about eight o’clock when they first saw the Strathnaver, and had the wind not lulled in the interval between the first time we hailed her and the second she must have gone ashore. Pelt persuaded Pilot Holmes was not on hoard when they first hailed the ship, because he did not think Holmes would have got her into such a position. The reef was visible on her port how, the outer rock on her starboard bow, the rest of Barrett’s reef on the port bow, Pencarrow light visible, and the red light at Somes Island just opened out. At that time she had her topsails set, the three topgallant sails loose, and the foresail in the gear. She was close-hauled. Had the wind not dropped she must have gone on shore, unless there was wind enough to work her. Possibly she might have swung clear bad she anchored, but she was very close to the reef. She could have lain there snugly in calm weather. A north-west wind would have blown her out to sea, and a south-east would carry her straight through the passage. It was such a clear night that anyone on the look-out could see Pemarrow light, and with proper charts define his position. It would he very imprudent for a master of a vessel to get where the Strathnaver was.