VICE-ADMIRALTY COURT.

New Zealand Times, Volume XXIX, Issue 4270, 26 November 1874, Page 2

VICE- ADMIRALTY COURT.

Wednesday, November 25. (Before His Honor Mr. Deputy Judge J ohnston.) THE STBATHNAVER SALVAGE CASE. Mr. Gordon Allan and Mr. Izard appeared for the salvors, the captain and owners of the s.s. Stormbird; Mr. Travers for the captain, owners, and consignees of the ship Strathnaver. The case for the salvors w T as continued by the examination of George Croftsford, H. J. Kingsley, and James Strassenburg, whose evidence was identical in its main features to that of the previous witnesses. The case for the owners of the Strathnaver was then opened. Mr. Travers called Joseph Devey, master of the Strathnaver, who stated : I have held a master’s certificate for eleven years, and have been master for nine years. I have had command of many large ships, amongst them a 1600 ton ship, and was an officer in a 1200 ton ship which came to Wellington seven years ago. When i -oiii.tsa the ouatlmaver I had Admiralty charts of the Strait and harbor on board. The ship was light when she arrived ; all immigrants ships are at the end of a voyage; she drew eighteen feet. She is a fast sailing ship, and steers very well. She was light, but steered well. She drew about the ordinary wool cargo draught when we came in. Wa sighted Pencarrow light a little after six in the evening. The last bearing I took before m along the land on the North Island was Cape Campbell lighthouse. It was about twelve miles off, bearing W. by S. As I approached the Heads I took bearings, which were marked on the chart at the time, and have not since been altered. The wind was southerly at six o’clock and we were going nine knots, but it was gradually falling away. I was under full sail, as I was anxious to make the port before dark ; but as the wind fell away I found I could not. I then began to shorten sail, being about twenty-five miles from Pencarrow light. I reduced the ship to her three topsails and foresail to give the pilot time to come up. I also braced the crossjack forward to stop her way, and she went not more than three knots for more than an hour. I made frequent signals for the period of an hour. Before the pilot came on board, I knew the position of the entrance of the harbor, the reefs, and Pencarrow light from my Admiralty charts. 1 also saw the white light on Somes Island, and afterwards set a little over into the red. My signals were answered from the shore, and after some time the pilot came on board. I had hauled up the foresail and lowered the upper mizzentopsail just before the pilot came on board. It was half or three-quarters of an hour after I saw the lights from the signalstation before the pilot came on board, when the ship was about three-quarters of a mile south of the outer rock of Barrett's Eeef, Pencarrow light bearing by compass E. quarter S., Somes Island red light being open all the time, I was on the poop when the pilot came on board ; the chief officer was on the forecastle head. I saw the pilot-boat approaching the ship. It came under the port bow from the northward. The crew in the boat consisted of five men and a coxswain. After the boat was alongside, and before the pilot came on board, he sung out, “ Port the helm,” which . was immediately done. 1 gave the word myself. The vessel answered her helm. A clipper ship would move through the water with a very light air, although that air might not be apparent in it* effect on the sails. The pilot gave orders to brace the yards forward on the starboard tack. As near as I can make out, the Stormbird came up for the first time six minutes after the pilot was on board. She came up on the starboard side, and some one sung out, “ Port your helm.” There was not more than the usual commotion on board the ship. I was alongside the pilot when the steamer hailed. He said, “ Oh, hold your noise,” or something to that effect. The Stormbird afterwards came up on the starboard side, and I had a conversation with the pilot about the steamer, but not about her powers before she took us in tow. When she came up, the wind was not sufficient to take us into harbor. There was a south-east-erly swell, but I knew there was tide enough goingout to counteractit. Suppose there were no counteracting influences, the swell would move her very slowly, but there was sufficient wind to keep steerage way on her. It was about a quarter to nine when the pilot came on board, and the tide had been ebbing a little over an hour - . When the pilot sung out “Port your helm,” I saw nothing which would explain to me why he did so. I saw no reef. I know now that we should have kept the white light on Somes Island open, and not the red ; we were too far to the west. When the steamer was lying off on the starboard side, 1 had a conversation with the pilot about the price'for towage. He told mo the steamer belonged to Messrs. Turnbull & Co., which was a very respectable house, I sang out, “ What will you tow us iu for,” but in consequence of the noise on board the steamer, and her moving ahead of the ship, I could hear no answer. Shortly after, a lino was passed to the steamer, upon the order of the pilot. I did not notice the position of Somes Island light at the time. It was half an hour from the time the steamer came alongside till she. took,the ship iu tow. The rope

parted almost immediately after being made fast. The broken rope was token away, and replaced by. a longer piece of the same rope, which was brought up from below. The break was caused by the swell, or by the steamer going ahead too fast, or through the half-worn condition of the rope. The second piece had not been used so much as the other, and the pilot said it would be strong enough, as the steamer was not very powerful. The re-attachment of the rope occupied fully ten minutes. I saw nothing of the reef until after the ship was taken in tow by the steamer, when I saw it two cables’, length from the ship. I never heard the pilot say to those on board the steamer, “Come and towus clear of the reef.” , There was not the slightest alarm on board the ship either amongst the crew or, passengers ; that is, in my hearing. I never knew of the ship being to the westward of Barrett's Reef. Tiio pilot pointed it out to me on the port quarter. The chief officer was on tho forecastle head on the lookout all the time.' It was a clear-night, and light enough to see two cables’ length from the ship. I could see the rock when it was pointed out to me. The ship was never in Chaffer’s Passage, nor down at the West Ledge. The pilot did not' say in my ' hearing, nor did he report to me that “ tho ship was on a reef, and he . wanted to make all sail to get her off.” He gave a number of orders, which were promptly obeyed, with the assistance of the, passengers. There was no more confusion than might be expected to : arise where there were nearly 400 people about. The orders were substantially obeyed, though some of the lighter sails were not set. The pilot never said to me that we must have a steamer as the vessel was on or near a reef,nor did I ever hear anything of the ship bumping, and knocking the wheel out of the steersman’s hands. I felt no bumping. The first I heard of the matter was in Mr. Turnbull’s office, when Mr. Turnbull hinted that something of the kind had happened. The next morning’s paper (Ist September) contained a statement that the Stvathnaver had been in danger, and was towed into safety by the Stormbird. That was the first I ever heard of the matter, and I contradicted the statement in the evening paper. After that Captain Doile’s letter appeared. I was well aware of the dangers of the harbor, and kept my bearings from Peucarrow. When the Stormbird came up first, we had the upper and lower maintopsails set, the lower mizzentopsail set, the upper mizzentopsail lowered, the foresail hanging in the gear, and the jib and foretopmast'staysail set. Would not have been able to get to the anchorage without the assistance of the steamer.

Cross-examined by Mr. Allan: My knowledge o£ the harbor was ascertained from the Admiralty charts, which I examined two or three times in the course of the day. The, vessel made eleven or twelve knots in the afternoon, which rate was -gradually reduced to six or seven knots as the wind fell away. The lead-line and patent lead were on the poop ready to be used; but I did not think it necessary to take soundings, as the night was clear, and I had the Pencarrow light to take my bearings from. I know nothing of the headlands here, except what I gathered'from the chart. I should navigate my vessel hy the light coming up this harbor just as I would navigate the English Channel by bearings from the different lights. I took my last bearing at 7.40, and the pilot came on board at 8.45. I did not heave-to, because I was anxious to get in, having so many people on board. I was satisfied that my course was correct, and as the ship was doing very little, I felt in no danger. I was steering in a northerly direction, which would have taken me on to the reef, had I gone fai£«nough; but I took care of that—besides, I expected the pilot every minute. I tookaa bearing just as the pilot came on board; '|fHt that bearing is not shown on the ohart produced by me. I did not put it down thafc,evening. I did it next day from memory, when I had time. X was very busy while we were coming into port. The bearing was marked on the chart produced, but it has become obliterated. [Mr. Travers explained that he had obliterated .several marks:on the chart, as it would be'required for nsit in the Court.] I had seen the letter in the morning paper before I position on the chart. My object in marking the position was to show the point at which the pilot came on board. I never had any apprehension'of danger. When the pilot came up to the chip he had to wait a few minutes while the ladder was being removed from one side to the other. When he gave orders to “port the helm,” I did not ask him why he changed the course of the ship. X had no conversation with him about -the matter. He was quite cool, and we talked about other vessels. I felt in no danger, though I knew I had set a little too much to the westward by opening the red light. I could not plainly distinguish the light at the beacon sta--tion until about three-quarters of an hour before the pilot came on board. I don’t think I was ever in Chaffer’s Passage, but I will not swear that I have not said I was in Chaffer’s Passage. The helm was ported, and the ship was kept in an eastery direction towards Pencarrow. Her helm was steadied a few minutes before the steamer took us in tow. I did not hear Captain Doile, when the steamer came up, sing out “Port your helm ; you are going on a reef.” The helm had already been put to port when the pilot came on board. I did not think it at all absurd that he should give the order to port the helm, it being already a-port. Just before the steamer took us in tow, the pilot pointed to the reef, as a matter of curiosity I suppose. Pive minutes before the steamer took us in tow, the pilot said, “ She’s as right as a trivet.” He never left the poop to go forward, as it would be proper to do if the ship were in danger. After the steamer had towed us nearly abreast of the Steeple Hock the pilot told Captain Doile he need not proceed any further, as he had broad water and could work the ship in. I was willing to allow the steamer to go as the pilot said she had a lot of immigrants on board, and of course the cost would bo greater to the ship. My only reason for not making a bargain with the steamer was that the pilot told me Turnbull’s was a respectable house. When Captain Doile spoke to me next day about the distance the ship was off the reef, I did not say she was only 100yds. off. I don’t remember stating any actual distance, because I could not say what the distance was.

Lancelot Holmes, outer pilot, stated : I remember the Strathnaver coming in on the night of the 31st August. I left the pilot station a little after seven o’clock, a few minutes after I saw the signals from Beacon HilL I had a crew of five and a young man who went out with us. I kept inside the Steeple Rock, close into Dorset Point, and left Barrett’s Keef on the starboard side.-' We were in sight of the red light all the time. Just after, we passed the Steeple we saw a steamer’s lights a long way astern, coming round Gordon Point. The water was comparatively smooth. There was a swell with a rise of five or six feet. It took twenty-five minutes or half-an-hour to reach the outer rock. When I got to the outer rock I saw a vessel’s green light to the southward. Before that X had seen blue lights and rockets. After going a little further on a straight course towards her I saw a red light. Then I knew it was a vessel running for port. We got up to her in about a quarter of an hour from the rock. I can’t say whether or not Lyell Bay was open from the ship. When I first boarded her she was from half to three-quarters of a mile south of the outer rock of Barrett’s Reef, nearly due south. The red light of Somes Island was open the whole of the time. I took particular notice of that before I got on deck. I hoarded the ship on her port side. The ladder was not ready; they had to bring it from the starboard side. The reason I went to the port side was that if she ronnded-to she would round-to to the eastward and give mo smooth water to board. They were rather loug getting the ladder over, on account of the rush of passengers to see' the boat come alongside. I sung out from the boat “ Port your helm,” because the proper course was in the white light. We arrived alongside the ship before the steamer. No doubt she gained upon us, but wo pulled at about five knots, having the current with us. She gained about a mile. I said, “ If the wind increases we must take the steamer.” She came up to us- from the direction of the lighthouse, and as she passed Captain Doile sung out, “ Port your holm.” I said, “Allright,” and he sung out, “Port”

again. I replied, .“What are you making a noise about T The ship was going about two knots and answered her helm very well. X had great difficulty in getting the men to the braces ; in fact they worked very slack. The people were rushing about and the men could not get to work very well. After that the vessel headed to the eastward, to the leeward of Peucarrow. The course she first took would hardly clear the reef, but she seemed to be sagging over to the westward. She was in a very good position, though the steering was very wild. I afterwards changed her course to the E.N.E., which would take her clear of the reef. I could have put her ;a point or a point and a half higher, but there-was no necessity to put her so close to the wiud. This was before the steamer come up a second time. I was surprised at her stopping, and I remarked to the captain that as the steamer had stopped and as the wind had fallen off, we might as well take her, as far as the Pinnacle at any rate. Coming round -from the lighthouse it would have been easy for the captain- of the steamer to be deceived as to the position of tho ship. He came out on the white light, and it might appear to him that the ship was more to the westward than she ought to be. I knew the distance by pulling ii Captain Devey hesitated to take steam on account of the expense, but he ultimately agreed, as he knew by a correspondence between Messrs. Turnbull and his owners that the former was a respectable • firm. I said, “ Stormbird, ahoy.” He said, “ What is it ?” I said, “ What will you tow for ?” He said, “Leave that to the agent,” or something to that effect. That didn’t satisfy Captain Devey, but I said, “Come along.’’ Previous to that I said, “If you take us as far as the Pinnacle that will do,” but I cannot of course say whether Captain Doile heard me. I sent my boat ahead to take the line to the steamer. It took about five minutes to make the line fast, and the steamer went ahead and parted it. The outer rock of Barrett’s Reef bore about N.W. twp cable’s length away when we took the steamer. I poin.ted out the rock to the captain just before the steamer took us in tow, .but I did not go forward to see the line made fast, as I did not consider there was any peril. When the line parted the chief mate said the steamer must have gone full speed ahead to part the line like that. There was a slight vibration ‘when, the line parted, and I felt a kind of jerk. We were at this time in the white light, in the fair channel. He picked us up again, and when we were abreast of the Pinnacle, I said, “ You can let go'now, if you like.” He said, “ No, I’ll tow you all the way now. I’ve lost the tide.” Tip to that time he had lost about an hour. It was high water in Wellington that night at seven minutes past seven, so that the tide had been ebbing nearly two hours, and was running about two knots in the main channel at nine o’clock. It would he about a knot and a half where the ship was. The swell would affect the tide about a quarter of a knot. Taking the wind, the swell, and the tide, as it was, the vessel would drift away from, rather than on to, Barrett’s Reef, She couldn’t have been got on to the reef without a line. The ship was never nearer the reef than when I pointed it out to the captain. It was difficult to see the reef. When I first saw the ship she three-quarters of a mile from the West Ledge. Cross-examined by Mr. Allan : I am a native of Wellington, and have been getting my living on the water for twenty years. I have never been in command of a large ship or steamer, except as pilot. I have held a pilot’s certificate from the Marine Board for nine years, I have been a seaman on coasting vessels. I first saw the signals about seven, and it took about five minutes to get the boat out. We had a long start of the steamer, about two miles, and I looked back and saw that she did not gain upon us much. When I had been , on board the ship a little time, I took a glance at the compass, and saw that Pencarrow bore E. and by S. I then kept her away a little, and soon after I saw the big rock. When I came up to the ship she was steering N.N.W., and. rather wild. That was a little too much to the westward of Barrett’s Reef. I gave the order 4q:;* port the helm before I got out of -tae %oat because of her being a little too -intieb -to the westward. She could not have gone on the reef with two anchors on board whichjqould have been let go in half a minute. It jjfcMyv duty to see that the anchors are ready as soon as I go on board, and I saw that she had a patent windlass for heaving up chain ; besides, there were twenty fathoms ready. lam quite positive that I was ! on board five or six minutes before the steamer came up the first time. The steamer went out of her way to the eastward before coming up to the ship, with the object—so I understood from Mr. Dicker, the mate of the Stormbird—of “ coaxing” the ship away from the reef. If she had come nearer to the ship she would have been closer to her course to Wanganui. L didn’t know the steamer was the Stormbird till Capt. Doile hailed us. He said “ Port your helm,” but I didn’t hear him say anything about “You are going on a reef.” The steamer passed us and stopped, and when I asked Capt. Doile to tow us he was about two cables’ length away on our starboard quarter. I thought he was waiting for a tow. On the previous evening the Stormbird came down to tow the Euterpe and the captain partly refused, but Mr. Reed said, “We have come down to tow you; you better let us take you up.” I said, “ All right, tow away.” The Euterpe was consigned to Turnbull’s firm. If X had heard Captain Doile say, that “ tills was not a time to make arrangements for towing,” it would have given me the idea that he' was going to make a claim for salvage, and I should at once have refused to take him. I hadn’t the slightest apprehension of danger. I have seen some ships in an awkward position outside, but the Strathnaver was in a splendid position. I have often anchored a vessel where the steamer took the ship in tow. I wanted to get up to the Pinnacle Rock, so that I could beat up easily next morning, if I couldn’t that night, and because I wanted to let the steamer proceed on her voyage to Wanganui. I don’t recollect speaking to Mr. A. Reed, in the presence of Captain Phillips, of the Euterpe, on the day after the Strathnaver arrived, and saying to him that, “as I came up one side'of the ship the Stormbird passed on the other ;” in fact, I am sure I didn’t say so. I did not • say to him that when I went on board the Strathnaver she was not farther from the rocks than the width of Custom House-street at Bethuno and Hunter’s store. lam not aware that the Woodlark went ashore ;' I see what you are driving at, Mr. Allan. I brought that ship up and anchored her rather too close to Somes Island, it is true ; but I brought her to her anchorage late on a dark night, and could not very well judge the distance. However, the ship had plenty of room to swing, and in the morning she was hedged out. The occurrence was not so serious as to demand investigation by the authorities. The Harbor-master was aware of the occurrence. The first I knew of any danger to the Strathnaver was when I saw the letter in the New Zealand Times, a copy of which newspaper was thrown into the pilot boat from the steamer as she passed next day. I have also brought the City of Newcastle into harbor. His Honor pointed out to Mr. Allan that if his object in putting these questions was to throw doubt upon the competency of Mr. Holmes, he would only depreciate the value of the evidence of his own chief witness, who stated that he considered Pilot Holmes n thoroughly competent man. Mr. Holmes said he was perfectly willing to answer any questions Mr. Allan chose to put. Mr. Allan did not put any further questions, and the cross-examination concluded. ■ The Court then 'adjourned till ten a.m. next day.