VICE-ADMIRALTY COURT.

New Zealand Times, Volume XXIX, Issue 4269, 25 November 1874, Page 2

VICE-ADMIRALTY COURT.

Tuesday, November 24. (Before His Honor Mr. Deputy Judge J ohnston.) THE STRATHNAVEB SALVAGE CASE. Mr. Gordon Allan and Mr. Izard appeared for the salvois, the captain and owners of the s.s. Stormbird; Mr. Travers for the captain, owners, and consignees of the ship Strathuaver. The case for the salvors was continued, the following evidence being taken; — Richard Crowe, A. 8., Stormbird, remembered the 31st August, and seeing a green light to the N. and W. of Barrett’s Reef. Captain Doile bore down for the ship, which was then heading for, OhafferV-Tassage. Her 'yards ‘WOfe - square, and her course was in for the old pilot station. Couldn’t say how far the ship was from the West Ledge or from Barrett’s Reef. Captain Doile ran under the stern of the ship, and told the people on board to port her helm and steer for the light (Pen-cai-row). When we came up again her yards wei-e braced back, she was on the port tack, and the outer rock of Barrett’s Reef was under her port bow. She seemed nearly broadside on to the reef. Her head was then heading to the light. There was a southerly swell at the time, with little or no wind, and when the steamer came up the second time some one sung out, “ Will you tow us clear of the reef 1" Captain Doile sung out for a line, which was brought and attached, ami the steamer went ahead slowly towards Pencarrow light, the ship coming along on our port quarter. We went very slowly for about five minutes, when the rope parted. When the line was made fast the fii'st time, some one from the ship asked what Captain Doile would charge for towing the ship. He repliedthat that was no time for making bargains; they would settle that in town. Cross-examined by Mr. Travers; The first I saw was the green light of the ship; that was when we got to the Steeple Rock. I could make her out at that time to be a full-rigged vessel heading in the direction of Chaffer’s Passage. When we ran under her stem X took no notice of Barrett’s Reef. We could' see the breakers on the West Ledge. As we • came up towards the starboard side of the ship we could see the distance between her port/ side and the rock; she was about 100 yard* from it. What little wind there was was from the S.E., but I cannot very well explain how she drifted to the S.E._ Wc were rather . a long time getting the line again after it parted. Louis Christopherson, A. 8., Stormbird, added little to the facts already elicited. In cross-examination by Mr. Travers, he stated that five or six minutes elapsed from tho time

of the rope breaking till it was picked up agaiu. The immigrants on board the steamer made a noise during all the time, but none of them were tight. The steamer also made a noise blowing off steam. Robert Jamieson, A. 8., Stonnbird, gave no material evidence. Peter Johnsen, A. 15., steered the Stormbird on the occasion, and was busy attend! g to instructions, so that he did not observe the position o£ the strip. When they got to her stern, Captain Doile sung out “ What ship is that,” but he did not hear anything more, as he was steering the steamer. When they came up to her again, heard sonic one on hoard the ship say, 11 How much will you tow us in for," and Captain Doile said that was a matter for subsequent arrangement. When the towrope broke it took about eight minutes to make it fast again. The rope was not much account. Thomas Williams, salesman for Nathan and Co., was a passenger on hoard the Stormbird on the 31st August. When nearly abreast of the Pinnacle Rock, went and stood beside Captain Doile, and heard the mate report to the captain that a ship was making signals of distress. Saw what he took to be a blue light far ahead of the Stormbird to the right. From abreast of the Pinnacle Rock could see the West Ledge and Barrett’s Reef, We were in mid-channel, but I hail no means of judging how far the light was from the West Ledge. Captain Doile took out hi.s glass and said, “ What the devil is that fellow doing there ?” He told Mr. Kelly, the engineer, to put on steam, and told the mate to burn a blue light. He steered out of hi.s course, and passed the end of Barrett’s Reef toward the West Ledge. Opposite the reef burned a blue light, and went in the direction of the West Ledge, where we saw a ship. She was near the S. K. end of the West Lodge, and steering on to it, but a little up the passage. Captain Doile sung out, “ Port your helm,” aud she came round toward the reef. The steamer went a little ahead, and Captain Doile said, “She’ll never weather the reef.” The steamer turned round, and the captain sung out to those on board the ship to let go an anchor. The anchor was not let go, and she got between ns and Barrett’s Reef, her bead being toward Penearrow lighthouse. Before Caplaiu Doile called out her bead was toward the reef, aud only GOft. to 50ft. bom it. Somebody sung out from the ship, “ Will you tow us clear of the reef!” The rope was attached, aud the vessel lowed for about ten minutes in the direction of Penearrow, when the rope parted. It was attached agaiu, and the vessel towed into port. Cross-examined by Mr. Travers : When I said 30ft. or 50ft. from the reef, I meant 30ft. or 50ft. from Hie outer rock. Her head was toward the reef, but directly after she came round with her head toward Penearrow-. The Stormbird had been following her for twenty minutes when she cleared the reef. We followed beeause Captain Doile was afraid she would not clear it. RobertTuttrett, A. 8., late of the Strathnaver, was on the deck of tire ship between six and eight o’clock on the evening of the 31st August. Rockets and blue lights were tired while the crew- were engaged clewing up sails. The ship was in no trouble. At six o'clock the laud was nine or ten miles off. Saw the lighthouse about seven o’clock. The bine lights were burned before the lighthouse was seen and after. No gouudiuga were taken as we approached the shore, nor were the anchors ready to be dropped. They might have been got ready in five minutes. At eight o’clock, when my watch was finished, I stopped on deck aud saw a red light, which X now know to he Somes Island light. We were hr sight of it all the time till the steamer came. The steamer appeared to come from the direction of the lighthouse, She went along our starboard side and astern of us. Our head was toward the western shore. I heard some one on the steamer say, “ Port your helm, or you will be on the reef.” The ship then gradually came round with her head toward the lighthon e. The pilot came on board the vessel after the steamer passed us the first time, aud before she came alongside the second time. The ladder was put on the starboard side of the ship for the pilot to come on board, but it was shifted afterwards to the port side, where the pilot came on board. He appeared to come from the eastern shore. The boat passed round the ship. Immediately he came on deck he gave the order to port the helm, loose the sails, and brace the yards up. ’The orders were obeyed, but one of the crew told the pilot not to make such a noise, as there w-as not a mau-o’-war crew aboard. He said, “ It is all for your own good ; the ship is nearly ashore, and X want to get her off as fast as X can.” Both watches were on deck at the time ; the orders were for all hands to remain on deck. When the steamer first came up, the ship had her three lower topsails and two upper ones set. The mizzen topsail was lowered on to the cap. The pilot ordered more sail to be set, and the topgallautsails, royals, and foresail were loosed, but hot set. The niaintopgallantsail was only half-sheeted home. There was hardly a breath of wind at tile time, aud when the Stormbird came up again it had died completely away. I didn’t see the reefs until about ten minutes after the steamer took us in tow-. Before we were taken in tow we were heading for the lighthouse. I felt no shock or blow, such as striking on a rock would produce, before the steamer came up, nor did I after. There was no shock when the rope parted. Cross-examined by Mr. Travers : We were never out of the radius of the red light. lam positive the pilot did not come on board till after the steamer bad bailed ns. I cannot say whether the light of the pilot boat was flashing before the steamer came up. I have been employed in the Napier since being discharged from the Strathnaver, and am now workim'm .Mi - , Turnbulls stores. X have had cue conversation with Captain Doile about this case, at his house. He asked me if I knew where the ship was when we were coming in. I said T could only give a rough guess at°it. He asked me wheu the pilot came on board, and X told him after the steamer passed the first time. I cannot say whether the ship’s helm was put to port before the pilot came on board. Her head came up a little after the steamer passed. She was going through the water at the rate of about half a knot an hour with a good breeze. She would lie within six points of the wind, but X can’t say how high she would lie with to little wind. From the time the tow-line parted until it was re-attached occupied about ten minutes. The new piece of line had to ire. up from below, so that it might have occupied a little longer. -ti’licie was no alarm amongst the passengers, but there was some noise. It is the custom, when comin" into harbor, to have all the crew on deck that there was nothing unusual in all the crew being on deck in this instance. James Sawyer, outer signalman, stated : On the 31st August I saw no vessel approaching the harbor during daylight. After dark, about a quarter past six, I saw rockets to seaward, about S.S.W. The signal for a pilot after dark is a gnu, a rocket, or a flash light. I should think the rockets came from a ship a mile or a mile and a half from Barrett’s Reef. The signals were continued for about half an hour. °I sent a signal lamp to the masthead as a sigma! for the pilot, and saw him go seaward to the ship about halfpast six. From the lookout I can see down part of Chaffer’s Fas*a"e Barrett’s Reef, aud the West Ledge. It 3 was pitch dark. I didn’t see the ship in Chaffer's Xkissage or near the West Ledge. She was nearly on Barrett's Reef. This was about three-quarters of an hour from the time I saw her first rocket signals. I judged by the time that passed that the pilot was on board when the vessel was near Barrett’s Reef. It usually takes about twenty-five minutes for the pilot to go from the Steeple Rock to the place where I saw the signals. X saw the steamer passing Ward’s Island when I took down the light \ from the masthead ; that was eight or nine \ minutes after the pilot-boat passed the Fin-'-■nacle Bock. My impression was, that the v i2ot hail got on board, in a good position—about half or three-quarters to the south of Barrett’s Beef. When X saw the ship afterwards, I thought she was on to the reef ; hut I subsequently saw her forge a-head to the eastward. I- set the glass, and distinctly saw her scraping past th« outer rock. I did not H&- the steamer until I saw her towing the ship UP the channel. I judged the ship to be a vessel of enormous size ; but 1 after-

wards found out that there were two—-the steamer and the ship. Barrett’s Reef is a very dangerous place sometimes. The XCarl of Southesk was wrecked there iu three minutes and a half. Cross-examined by Mv, Travers : I did not at any time see the ship near the West Ledge. She was in dangerous proximity to Barrett a Reef. By the aid of the night-glass, I could see almost as well as in daylight, aud I took the ship to be a line of battle-ship, or a large mail steamer. The outer rock was between me and the ship, aud, I believed she was sci’aping. There is a passage between the outer rock and the rock awash ; but it is safe only for boats. Question: You say the ship was scraping the outer rock, and that she afterwards forged past It; then, she must have passed between the outer rock and the rock a-wash, which you say B *afe for boats only? Answer : She might scrape the outer rock, and yet pass the submerged rock. I did not at any time see the ship on the western side of Chaffer’s Passage. By “scraping,” I mean that it was doubtful whether sue touched or not. Thomas Kawlinson, A. 8., late of the Strathnaver, corroborated the evidence of the witness Tuttrett ns to sighting laud, throwing U P rockets, seeing the red light on Somes Island no soundings being taken, the anchors not being ready, and the ladder being shifted from the starboard to the port side to take tire pilot on board. The helm had been shi f ted before the pilot called out “Port your helm,” aud the ship was slowly altering her course. The pilot gave the order from his boat to port the helm. When he came on board he gave orders to set the mizzeu topsail, the three topgallantsaib, aud to loosen the royals. He gave the orders as quickly as he could. One of the men said, “ One at a time, we can’t do them all at once.” The pilot said, “ We must have sail on the ship, and both watches, or the ship will be ashore.” On the first occasion when the steamer came under our stern there was no alteration of sails till the pilot came on board. I heard Capt. Levey hail the steamer, and say he wanted to get headway on the ship. We were afterwards towed up. I heard no conversation that evening between the pilot and Capt. Levey as to the position the ship was in. The cross-examination of Mr. Travel’s elicited nothing of importance. Robert Scales, A. 8., late of the Strathnaver, said that ou the evening when the ship was making for the harbor he saw breakers on the port bow about two ships’ lengths away. Shortly after a steamer came up, and the pilot arrived soon after. The course of the ship was not altered till the pilot came on board, when he gave the order to put the helm harcl-a-purt. The yards were about square when he came aboard, aud he ordered the mizzen topsail and topgallantsails to be set. Before the strainer look her in tow the ship was powerless, and was drifting ou to the reef with her head toward the harbor. Cross-examined by Mr. Travers : All the men were not on watch, as no order was given. I was on deck when the pilot came on board. The ship was going toward the reef, and I thought she was going on to it. I mentijned this to some of the immigrants, but I had no fear. I just mentioned it as a matter of curiosity. There was no wind at the time, and the ship was only two lengths from the rock. I am sure the pilot was not on board when the steamer passed the first time. \V. T. Northcroft, a passenger by the Strathnaver, remembered seeing the lights of a steamer and the light of a boat approaching the ship when they came into harbor. The boat came up fi%'e minutes before the steamer, but I heard some one sing out from the steamer at a distance, “Port your helm,” before the boat came up. I don’t remember the pilot giving any orders from his boat. When the rope parted I felt the ship shiver. X saw rocks two or three hundred yards from the ship after the pilot came on board. Cross-examined by Mr. Travers : I saw the pilot-boat get to the ship before the steamer. We all -Hocked to see the small boat arrive first, and then we went to see the steamer. It was some lime after the pilot came on board that we saw the rock. There was a good deal of confusion amongst the passengers, and all this time orders were being given. X didn’t think anything of the ship shivering until I heard the boatswain say that we had touched a rock. I first saw the rock at 200 or 300 yards distance, but we had been towed further away from it when I felt the shock. The Court then adjourned.