A CLAM FOR SALVAGE.

Wanganui Chronicle, Volume L, Issue 12765, 16 June 1911, Page 2

A CLAM FOR SALVAGE.

SEQUEL TO THE GROUNDING O* THE ALEXA.

At the Supreme Court yesteiday before Mr Justice Sim, the case of tho Wanganui Moat Freezing Co. v. A Hatrick and James White was commenced. .

This was a claim for salvage m conrection with the eccident to the Alexa at the foufcii Mole on December 12 last. Mr W. J. Treadwell appeared for the plaintiff comjany, and Mr Gray, of Wellington and Mr G. Marshall, for the defendants. In his opening Mr Treadwell. said the claim was for £250. Defendant had 1 aid £7f- into Court, but this had been refused'by'the plaintiff. His Honour i would be asked to decide what was fanpayment for tho services rendered. I Ewezi Alexander Campbell, chairman of directors of the Wanganui Meat Fieezing Co., the owners of the Lighters Thistle and Shamrock, and the lighters were propelled by oil-engines. The Thistle had two engines of 45-h.p. each. Cross-examined, iwitness said that the average price for towing tho Alexa iti and about would ba about £12. Re-examined : The Thistle cost £4,1500' eight or nine years ago. She would be worth about £4,000 in December last. Cross-examined, witness would not contradict Mr Cresswell if he said the Thistle was built in 1593. She was not insured. - . Ed-ward Squires, photographer, said that in December last he was with the Tesla Studios, and on Tuesday, December 13, took six sets of photographs of the Alexa from different positions. The photographs were produced, and explained. David Connor, captain of the Thistle and Shamrock j, remembered the Alexa going ashore. He ,was shifting the Jifilters away from the wharf, because the sea was becoming so rough, and buffeting them, and it was necessary to take" them up to the Wanganui Wharf. -The weather was fairly tine when the Alexa was sighted. Thoy attempted to take the bar at about 4 o'clock, by -which time the weather was very rough. Witness saw the A'i;xa strike the biar and fall off round the pier. She was getting closo to the breakwater, on the soutli side, when witness passed out of sight on the way to Wanganui. When witness returned to the vessel was alongside the breakwater, and four sets of piles, separated, by 20ft., were knocked in. No vessels went out that evening. The Alsxa was in a dangerous condition, exposed to the southerly weather, which would strike her broadside on. If she broke the structure down" she would have come on to the stone. The wind was west-sou-west on Monday night, partly end on to the Alexa, and pretty rough. Witness saw Mr. Hatrick that night at the railway station with Mr Bignell. While waiting for Mr Cresswell 'Mr "Hatrick -asked witness what could be done to assist the Alexa, and spoko of using an anchor. Then Mr Cresswell arriyed, and Mr H'atr^ok spoke again of getting the Thistle's assistance. No definite arrangement, was made. Mr Cresswell agreed to render assistance, and instructed witness. On the following day witness took two coils of wire aboard, and went down to the south spit. He left one coil.,to be.i straightened out, and took some coal baskets and took two coils of wire to tho Aloxa. On Wednesday witness took mi anchor from one of the Harbour Board's punts and got the wire tie hid left to be straightened out. This was coiled on to the Thi«clo aftd connected with th,e anchor, oncl thtThistlo prqceed;d,;to 'lay it . "Witness had" a boat's i*fow to rim the line from,Ihe Thistlo to tho breakwater. 'Hie'tide"" was running out, and some difficulty ■was exporipneed" in getting the heaving ■ lino 6a<"to tljew pj,erj .the 'fliistle'.n'early caught' the wire-in' jher"iJrpDellor,. .The ( ,>ea uas a bit'lumpy, and" one of-the men broke his oar. When the lino was miss?d witness-,had to take in part of tho Jino that liad been paid but*, aikl crossed the bar and came back again. Witness thought of abandoning the attempt, as tlia wind and current were" so strong, bub the thing was urgent, and ho made a second attempt. Th|s:C. time they got the line on to the breakvater. When Captain White and his m9ii got the end of the hawser they 'connected it with the hawser they alicady had at the end of the mole, and the Thistle steamed out to sea. There was a great danger of the line fouling the propellor. The line was pretty well stretched out, and the Thistle was steaming to the south. The anchor •vas attached to a derrick, and was in danger of dropping on the corner of the house or ' tho'■ rail. When the wire tightened the ■Thistle became broadsido on. There were eight men aboard the Thistle, which went as far as possible, mid then the anchor Avas dropped. This took about ninety minutes. Altogether they were attending the Alexa from 8 a.m. till 1 p.m. The Thistle returned to the South Mole wharf, and stood by all the afternoon. Between five and six they were on the pier, and stopped \ till they saw the Alexa heave on the l:ne. She was not afloat. On Wedi nesday morning seven or eight sets lof piles had been crushed. Fourteen i altogether were broken, ten on Tuesday night or Wednesday morning, when I Captain White was at home. Captain White said that in hauling the ship •Town she- iras striking the breakwater oil the way down. .Tho screws of the rigging were already carried away on Wednesday, and if she rolled the masts would be carried away. Captain White was 1 Tightened they would go if he pulled -ho ship down the breakwater, lhfi mate started to heave tho vessel down on Wednesday, but stopped because of the masts. Witness suggested to Captain Whito on Wednesday "ni-.'ht that the Thistle should go round the inolo and connect a lino on to his quarter, and try to keep the Altxa off thepier -while they hauled. Captain White i •agreed, and said something about the ] Togo coming doivn. Witness took tho Ihistlo out round to the mole. The ■weather was calm, but there was considerable swell. It was a little after six o'clock. Tho.Thistle circled twice to get into position to heave a line on to the Alexa, the lead being kept pomg The water is deeper against tho mole than a little outside. Tho Thistle got within 20ft. of the Alexa. The Ihistlo is twin-screw, and this was a great advantage. A single-screw boat could not have done it. The line aboard, the Thistle started towing to the south, and the Alexa was lifting on the sea. She was kept from hitting the breakwater. The Togo then came round the pier, and witness told the cf p J™ put his line on to tJie ThisI i WS, S the only effective thing <n •?; -110I 10 T Og? w l ould havo fouled the Hustle if she had attempted to sot a line aboard the Alexa. Witness told the Togo to go easy, and they towed for .about ten minutes, when the Thistle's line chafed on tho turn, and gave I way Tho Akxa crashed into the I breakwater. This was afte- 7 o'clock nVInMTBB^ 8 lark1 ark- WitneSS got VhL *h? T°P' and in ten minutes' -time fastened up on to the Alexra neain, and the Togo fastened on a^ain olt y C(2 tll"I l od and the vessel camo off The Alexa was hauling on \ j + Ji nCfc !r ' the Tl"stle on the Alexa, and the Togo on the. Thistle. It fcook Wie best part of an hour to get her into deep .rater, and when she was far onough out, witness told the Togo to let go. She did so and witness told the Togo to take hold of the Alexa, y-hich wtnoM meanwhile held in position He did this for about 10 or 15 mmwtos. When th;. Tow madp f,W the Alexa cast the Thistle off. If the

Thistle had not held the Alexa she would have fallen back on to tho breakwater. The Court then adjourned. On resuming at~ 2 'o'clock. Captain O'Connor said "that in consequence of a message, he picked up Mr Hatrick and j others, who were on the South Mole. They made fast to the Alexa and towod her to the Town Wharf. At noon liext day he secured the anchor and hawser (as directed by Mr Hatrick), placed the former on a Harbour Board punt, and took tho hawser „to town.' At that time there was "no boat in" port which could have lifted, the anchor. During the hauling operations . the lighter was in danger of goiug ashore^ or bumping into the Alexa,which also was in danger of being carried against the breakwater. Jn the event of a southerly springing up, - the. Alexa might have been seriously injured on the stones of the breakwater. denied tho correctness ■of "Captain White's statement tliat the Thistle's Sampson post was too far aft, that the Thistle could not keep straight, and that the Togo was needed-to keep her straight To Mr Gray.—Witness only undertook towing operations in fine weather. Did nearly all the towing v required at the port. The failure to bring the.. Pelotas in a few days ago was due, to an unusual fresh, the darkness of tho" night, and the elements. Ho was unable to tow the Carla to town recently owing to a .heavy .fresh in the river, "and the fact that the tide was two hours gone. There was always the risk of a hawser fouling the propeller of a vessel. engaging in running out an. anchor. That was one of the things a careful- captain took care to guard against. A hitch occurred in getting the heaving-lirie ashore that evening, the line being caught ?in "tha woodwork of the, mole. Wednesday !'evening's operations occupied four i hours. He made no arrangements'for the Togo to assist. He believed tho Thistle could have pulled the':Alexa off unaided. He had 20 tons -of ballast on the Thistle. She was not specially ballasted on this occasion! and was what would be" called "light.". Did not tell Captain Simon "of \the Togo that he (witness) would not have hooked on to tho Alexa if the Togo had not come round the breakwater: .Would adhere to this, even if the ■ captain and engineer of the Togo said,otherwise.-.. When .'the Togo was towing the Alexa witness hooked on because he thought lie hada right to do so: The StVKilda had been ashore on several occasions, but had been hauled off without the aid of a tug. Other vessels had got off similarly. ■ . -

To Mr Treadwell: A fresh was running out, strongly when the accident to the Pelotas happened; ' The Pelotas was the biggest job" the lighters had tackled. Had twice towed the Lizzie Taylor off the baach.

John Connor, son of the last witness, and mate of the Thistle, corroborated his father's evidence as. to the steps taken by the Thistle to refloat the Alexa. ; Atf 6 o'clock oh Wednesday went out to stand by the Alexa and n;ade several attempts to get a-line .aboard.-Was expecting the Togo,-us Oaptaih Whitd had asked the-pilot to send* the tug. During the operations the Thistle ran the risk of going ashore or striking the Breakwater. Was towing the Alexa ~.abput; ten1 or fifteen minutes before the Togo arrived. The Alexa's crew were heaving on the winch and the ship was gradually moving as each sea lifted her. The Alexa -was bumping the breakwater at the time. When the Togo arrived Capfain Connor ordered her line to be put forward of the Thistle. After towing for halt an thour, the tow-line parted. The Chi&tle again got hold of the^.^AJexa iand tho^Togo was ordered to^put a Jwnyser on board the Alexa while the 'L'h'btlo helfl her in position. This was j Upne.' After the Alexa was towed clear of the" mole^tljej Thistle ~iwerit to the* mole',-to pick* ivfMjMr* . Hayrick/ "'and ■ others Then got^hbld .of'the, Alexa'1' and trnvetl 'lief ,to town. The Captain. O'iLtfce Togo acted under Captain CojMiqkfs^-instruetiSjnisl throughout. Witness considered there" was mo actual m»ed.fpr the Togo, as tlie Thistlecould Ixave pulled tho Alexa off unaided. * Had often towed tho Alexa in rougher weather, and could control her. easily. " Xj <• To Mr G»ay —The entries in the logbook were made the day after the occurrence.' Accounted for the full entries by the fact that it-was an unusual event. .The- Entries were not rtiado iv viow of-possible legal proceedings. When speaking of the risk the Thistle ran when running out an anchor, he referred to the risk run under ordinary circumstances. To Mr'.Treadwell: The Togo was a nvei; boat, and was not supposed to go outside

Monte George^ Waller, engineer of tho Thistlo evidence on similaf lines. During his seven years' experi-t-nce, the Thistle had towed the Alexa about a dozen times, and had never found any difficulty in so doing. Claude Phillip Firmin, greaser on the Thistle and Shamrock, also gave evidence as to the work done by^ the Shaihmek. ..Speaking as a seaman; he considered,the Alexa was in great danger of being stove in/dn the breakwator John Malcolm May, assistant pilot at Castlecliff, stated that gales occurred very quickly at times." He stated that on the Wednesday, after the Aloxa stranded, he was in the pilot-boat, and he agreed with the evidence given by the captain and mate of the Thistle. The Alexa was in danger, and had a southerly gale sprung up she might havo done more' damage to the breakwater and herself.

Daniel Bekkcr, carrier at Castlecliff, gave evidence as to being a member of the pilot-boat crew, when taking a lino from the Thistle to the Alexa.

This concluded the case for the plaintiff, and the Court adjourned till 10 o'clock next morning..