THE WHAKATANE COLLISION

Otago Daily Times, Issue 14703, 10 December 1909, Page 6

THE WHAKATANE COLLISION

HEAVY SALVAGE AWARD. (FBost Oua Own ConHEsroNDE.-ii.) LONDON, October 29. On two days this, week the Right Hon. Sir John Bighorn and two of the Elder Brethren of the Trinity Houee were engaged in the l'robale, Divorce, and Admiralty Division in hearing a consolidated salvage action brought by eight sets of plantiffs for remuneration for services rendered to the New Zealand Shipping Company's e.6. Whakatane, her cargo, and freight, on the 4th of July Inst, after she had been in collision with tho steamship Circo off Dungencss. On tho third day the award was made, totalling in all tho sum of £9000. The plaintiffs \vere:-(l) and (2), tho owners,, masters, and crewii of the German tugs Gladiator and Unterweser XV; 13) tho Dover Harbour Board, owners of the tugs Lady Cruudall and Lady Vita, and I'noir masters anil crews; (4)' the owners, taster, and crew of the steamship Elidir; .5) tile owners, master, and crew of the jug Warrior; (6) George Bales, owner of the motor launch Alert; (7) Charles 11. Paige, a Trinity House pilot; (8) Eli Mundy and William G. Wilbrahaui, two other Trinity Houee pilots. There was an imposing array of counsel. Mr Laing, ICC, and Mr H. (J. S. Duncan were there on behalf of the New Zealand Shipping Company. Mr Bailhache, K.C., and Mr D. Stephens appeared for the two German tugs, the Gladiator and the Unterweser XV; Mr Ilorridgc, K.C., and Mr Alfred Bucknill for the Dover Harbour Board; Mr Leslie Scott, K.C., and Mr R. H. Balloch, for the Elidir; Mr Batten, K.C., and Mr A. E. Nelson for the Warrior, George Bales, and Pilot Paige; and Mr Dawson Miller and Mr L. F. C. Darby, for the Pilots Mundy and Wilbraha.m. Tho facts were, briefly, that about 8.45 a.m. on July 4 the Whakatane, a steel screw steamship of 5902 gross tons register, while outward hound from London to New Zealand, with a general cargo and a few pa*scngcr3[ manned by a crew of 56 hands, was rim into by tho steamship Circe and sustained serious injury. No .3 hold at once began to fill, the bulkhead dewfailed to hold, and the water rapidly flooded the ongino room, and in about half mi hour her lires were drowned out. Tho weather at the time of I he collision was ioggy, there was a light westerly breeze, and the sea was smooth. Signals of distress were made, but for some time no assistance was forthcoming. At about 10.45 a.m. the fog chared away, audi tho Circe, the vessel which had collided with the Whakatane, came up and offered assistance. The passengers of tho Whakatane were put on board tho Circe which then made fast and started to low the liner in towards the shallow water close to Dungcness. Tha Whakatane at first made water rather rapidly, but later on if only increased by slow degrees. About 12.50 p.m. the tow ropo .carried awav, and the Circe proceeded on alone, into Dover i- ",,„?•',"• tho Mlidir - a «'•««• steam', ship of 423 tons gross register, bound from Port Dinorwic lo Grimbsy with ~ car „ o „r skies, and manned with a crew 0 F ten hands, which had come up in response to tlw signals, was made fast, and shortly afterwards started to tow. About 1.45 p m the tow line curried away, and she did not gee connection again till about 3 p.m when the towage towards Dumbness was resumed. A Trinity House pilot boat came alongside, and the plaintiff Paige boarded, hnprtly after 3 p.m. the- tu- Gladiator, followed by ths Unterweser XV, arrived and made fast ahead and astern lo assist ni r steering. (v *ii' 3 tl ' ! ' s were ' nforme d by the plaintill Bates, the agent of the Gladiator, that the Whakalans was in need of assistance, he having seen the vessel through a telescope from the beach at Dungencss. and gone out to I he lugs that were lying in the bay. xl'ov this service, as also for gelling into communication with the coastguard official*, which f.ulbtijuentiy led to the Dover Harlwur tugs going oul, tho l«aintiff Bates claimed salvage rcnumera-

tion. At about. 3.50 p.m. tho Elidir go( into difficulties, and had to slip her rope, ami she did not after that render any further service. Sonic time afterwards tho Warrior, a screw tug of 192 grcs s tons register, carrying a crew of nine hands, came up. and was engaged to make fast uncrul and assist in (lie towage. The water was still coming into K:o ship. Accord-' "'Sly. who,,, about. 5 p.m., the powerful i over Harbour tug Lady Crtmdall camo up ', •^ ;l \. < ' n "V'"" 1 ,0 l ,u ' n l>> as sho is ™i' ' fl r r ' ,cil ,V 1 "1 a 12-ineh salvage pump'. wT L, i l "" ,n V ns , ntt,r ' T 100 ° tons of m'| n I -T' 011 Cll S' ncs ' wA'nil up lo OL'U 11.1) liulinftw -Jx_-Z . l tw?°ni, !?in a V' ivpd f Dov«X the harbour, where tl.o vf «l T ■ ? stern and dra.wmg about 36ft „t J™ was then steered towards the beach, wh"o Sho was put upon the ground. Tn J, ''*} was subsequently patched and miniped out ami on July 9 proceeded under her owri wan. with wo tug* in attendance to Gravcsend. Tlio plamtilT s alleged that bv their united efforts the Whakaian.- her cargo, and freight were saved from sinking, in deep water, and becoming a total less This allegation wasdenied bv thodefeiidants' who pleaded thai, the Whalw.la.ne had ample! reserve of buoyancy and stability, an <j that, though injured and deprived of her motive power,-sho was in no danger of sinking, and could not fa.il to obtain tho' towago assistance of which alono she WBg in need. The total value of the defendant's property at, risk was agreed at the value of 51-10,000.' THE AWARD. After detailing the facts, tho president, a.ter noting that they wore not much in dispute, went on'to say that in tho opinion of tho court the Whakatane was-in a very serious danger, although he did not think t-nat at any 'time she- was in imminent, danger, in tho sense that sho was exacted to go down in a few hours; but tho nro-p-eriy was at. risk, and that property "was worth a very largo sum. tie thought tha proper award to make \va s the sum of £9000, which-lie. apportioned as follows:— To the Gladiator and the Unlarwesir XV £2000 each; to the Ladv Crundall, £2500; to tho Lady Vita, £400; to tho Elidir,' £300; to the Warrior, £1400; to Pilot Paige. £300; lo Mr George Bates. £100. flic two other pilots-Mutidy and Wilbranam—did not, in his opinion, render any salvage service, and he could not mako any award in their ca»:o. Jlr Laing did not press for costs against Ihrsc plaintiffs, mid their claim was dismissed without costs.