1929-09-12 — Page 4

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NYIKUINE

THE CHINA MAIL,

VESTRIS INQUIRY

The Court's Finding In Full

CAUSES OF THE DISASTER

The following is a. continuation of the question put by the Board Trude and the answers at the "Vestris" enquiry:-

این

charitable purposes, and matters con- neeted with the welfare of the Mer- chant Navy. If they had to pay the costs incurred in this ingairy there would be less money to go to those purposes. He submitted that it was fair that the officers should be repres sented in crder to show that the criti- cisms, directed against them were un- just.

Mr. T. Scanlan, for the Seamer and Firemen's Union made a similar appli eation. He said there were precedents for granting the application.

Engineer Officers

circuni-

share stations. The captain was the Sir Thomas Inskip opposed the appli lust to leave the ship, He was not cation, and pointed out that though wearing a tebelt. He walked down costs were granted in the case of the the port side of the ship into the sea, "Titanic" it was stated then that it and his last words were: "My God was because of exceptional (i) Proper and adequate measures

my God, I am not to blame for this." stances. were taken to insure that the own-

Mr. Butler Aspinall proceeded: er rules and regulations applicable While the Court are not forgetful that

Mr. Gilbert Stone, making a similar to the masters, officers, and

the captain was a shipmaster of experi of the "Vestris" were complied with.

ence and good repute, it thinks his officers, said their casts had been kept application on behalf of the engineer conduet in connection with the boats it down to the minimum, but they could (in Proper and adequate measures were taken generally to ensure that open to some criticism. The time was not he small, and it would be a sericus the vessel wher trading from Newe of stress and difficuits, and the matter if they could not get them paid York was well kept up, and in good It may be that the captain was undalý

ship had a heavy list to starboard. by somebody. and seaworthy condition as regards optimistic and

Mr. Racburn, K.C., said the position Ja,

machinery, and equipment; it is

engineers

still had reason

for

to be noted that the ash ejector (thinking the ship might be saved. The was similar to that of the deck officers. valve and the half-door on starboard captain is not here to justify himself. Mr. Stone was instructed by the Marine Engineers Association, Ltd., and he Notwithstanding all these considera Such after side failed

vessel Jelt laf't New York. (ii) The registered own-tiens the Court thinks it was unwise to sumed, therefore, that the costs have attempted to lower the weather would not come out of the engineer cr and Messrs. Lamport and Holt

officers' own pockets. bouls. This opinion is fortified by did not fail to take proper

2801

and ade-

the fact that only one of them survived, Marine Engineers Association was ret Mr. Stone said that was so, but the quate measures. The Court

at-whereas six of the ice boats and numa wealthy body. If costs were not tributes

some blame to Mr. Alfred

fred her fourteen, which launched itself on Woods, the registered manager, for the lee side as the ship sank, were sue. Tanted it would mean that officers whol failing, after it being brought to his cessfully lowered, although they were would be debarred by considerations of were not members of an association notice that the May, 1926, left the wharf in New Dot taken in hand until much later than expense from presenting

the weather boats.

their case. The only boats It would sericusly cripple the work of York, overladen

Shipping Act, number nine, which was upendert in officers if they had to pay the costs. make

to being lowered and was thux swamped. urgent representations Messrs. Sanderson and Sons

that

The Court thinks better use might Mr. Scanlan's application.

Mr. Stilwell associated himself with overloading should not occur have been made of the lee boats. It

Mr. Raeburn said that looking at the

had. YA

ments of the March the require on the leo side to be launched was the association on behalf of engineer

sum.

Sch again.

Mr. David Cook, vice-presi- seems to the Court that had a strong matter broadly, it meant that if these dent of Sanderson and Sons, Incor-lead porated, did not take proper and ade- might have been induced to go to the be the curious phenomenon of the public been giver many passengers applications were granted there would quate measures to ensure that the lee side and get into the boats by way Vessel should not be laden beyond of the davits and falls. This observaving to pay all the costs of an inves her loadline marks, and, in a lessertion applies especially to the male mastigation into a loss, one of the causes of degree. Mr. Wheeler, and to a still lesser degree, Captain Heasley, are tain ordered the women and children the question of costs.

sengers. It may be that when the cap-which was overloading.

The Commissioner. I shall consider blame, Mr. Wheeler was respon- to be placed in the weather boats he sible for the stability of the vessel, did so as a precautionary measure, and ed costs he hoped it would be a fixed Mr. Racburn said the Court award- and although he stated that he had expected that help would arrive before considered

the question, the Court the ship foundered.

The Commissioner said he was quite are of the opinion that he did not

8.0.8. Signal take proper and adequate measures

incapable of fixing a figure. If he to ensure that the

"The Court considers that the S.D.S. made an order for costs the parties had sufficient stability.

signal should have been sent out after would have to send their bills to the Captain Heasley was not the captain's visit to the engine-room Board of Trade. In the event of the to blame in this matter,

Not

not later than 4 am on Monday. The Board of Trace wanting to reduce the а Wrongful

ship was then heavily listed, water in quantum, or to question the principle of 58-Was the loss of the "Vestris" large quantities was continuing to get of any item, he suggested that the point and/or the loss of life

eansed

or into her, and, according to the evid- should be decided by the Registrar of contributed to by (a) the wrongful

ence, the captain and chief engineer the Admiralty Division. act or default of the chief officers

were unable to inform themselves of

Mr. Rueburn said there was no pro- and chief engineer or either of them; what was the cause of the trouble, vision for taxation, and he thought the (b) the wrongful act or default of

Had the message been sent out at suggestion a good one. Lainport and Hot Limited, of Liver-am, that is nearly six hours earlier

The

proceedings then ended. pool, and Mr. Alfred Woods, regis- than it was actually sent, more than

Mr. Butler Aspinall, K.C., sat as tered manager, and/or their agents one ship would almost certainly have Commissioner, and with him as asses- and their servants at New York, or arrived on the scene before the sors were Vice Admiral E. L. Booty, any of them?

"Vestris" sank. Vessels coming to her Engineer Lieutenant-Commander W. M. assistance would have had daylight in Fletcher, Major S. H. Hambling, Cap- which to find the ship or boats instead tain H. P. Learmont, and Captain of having to search for the latter in F. J. Thompson. the dark

Act

Mr. Butler Aspinall proceeded to read the general instructions to ship. masters given by Lamport and Holt, These instructions first set out that

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LONDON, MARSEILLES, ANTWERP, ROTTERDAM via

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Wednesday, 25th September. Wednesday, 23rd October.

27th September. 11th October.

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Friday,

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Tuesday, 24th September.

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The Court is of the opinion that the chief officer was remiss in the manner in which he dealt with the upper deck hatchway on

the star

When they pass the Shiuhing Gorge, Counsel engaged in the case were board side of the cross-alleyway, and

the late Attorney General (Sir Thomas the American travellers say "Well, we also the bunker hatch in the after

Inskip, K.C.), Mr. W. N. Raeburn,gucss, this starboard corner of the starboard

K.C., and Mr. L. F. C. Darby for the our show place" Continental visitors bests the Hudson River, Board of Trade; Mr. G. P. Langton, remark that it reminds them. of the think that his conduct amounts to a wrongful act or default. The Court must always be the safety of his ship Carpmael, for the Liverpool, Brazil and master K.C., Mr. Lewis Noad, and Mr. K. S.

"Rbine and Switzerland." Whilst of the opinion that the chief en- and crew, and a second instruction said River Plate Co. (the registered owners British tourists declare "Surely, the not guilty of either a that a master in case of serious disas of the "Vestris"), Lamport and Holt, Lake district or the Scottish moors, wrongful act or default, that Messrs.ter "must in the first instance careful. Ltd., Liverpool; Mr. Alfred Woods but with a Lamport and Holt, Ltd, of Livery consider the actual amount of the (general manager of Lamport and Now why not take a five-days' round Htle lens vegetation." pool, were not guilty of wrongful peril there, may be for the lives of Holt), Mr. David Cook (vice-president act or default, that Mr. Alfred those under his charge and then judge of Sanderson and Sons, Inc., of New trip and see for yourself. It costs you Woods. registered manager (who is whether he will be justified or not in York), Mr. Wheeler (marine superin-only $40. also general manager of Messrs. fighting his own way unaided to the tendent of Sanderson and Sons), and Lamport and Holt) was not guilty nearest port. His being able to sue- Captain Heasley (assistant marine of wrongful act or default, except in ceed in this will always be considered superintendent of Sanderson and Sons. so far as his omission to make re- a matter of high recommendation to Mr. E. A. Digby, K.C., Mr. R. F. presentations to Messrs. Sanderson him as a master."

Ilayward, and Mr. F. Raw, who were and Sons, as mentioned in answer to Court thinks that the latter part of of the late master, the father of the Mr. Butler Aspinall stated: "The instructed by the widow and two sons Question 57 (Hi), may

have been connected with the overloading of this second instruction is highly un- late first officer, and by the surviving The "estria"

The captain's decision to officers. Their representation was ar It is considered by the Court that avail himself of the S.O.S. signal should Mr. David Cook, Mr. Harry Wheeler, not be affected by any such considera-ased by the Navigators and General Insurance Co., Ltd., through Messrs. ortions. The Court thinks it would be G. F. Ifudson, Matthews and Co. Dr. and Captain Heasley were guilty of well if this instruction was cancelled." B. W. Ginsburg, instructed by Rehder

and default, wrongful act

which contributed to the loss of the "Vestris." The Court orders Mr. David Cook do pay to the soli

that citor to the Board of Trade the sum of five hundred pounds ($500) on ac

Of her last voyage.

SOUTH AMERICA (East Coast) via Singapore, Cape Town & Ports count of the expenses of this inves-

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Friday, 29th September.

CALCUTTA via Singapore, Penang & Rangoon,

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Sunday, Wednesday,

15th September.

0th October.

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Monday, Sunday, Friday,

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Friday, 4th October.

Thursday, 19th September. Friday, 4th Octabar.

tigation.

--

desirable.

Finally Mr. Butler Aspinall dealt and Higgs, appeared on behalf of the with the theory put forward on be-Imperial Merchant Service Guild for half of the owners that the listing an intercated party. Mr. D. Campbell and loss of the vessel was to be a Lee, for Thomas Hogan and Sons,. counted for by the fracture of a dis stevedores, New Turk

Mr. Thomas charge pipe admitting water into the Seanlan, for the National Union of vessel. He said the Court could not Seamen Mr. Clbert Stone (instrart- accept the theory.

ed by Messrs. Bradshaw and Water- son), acting on behalf of the Marine The reading of the report and the

Association, represented annex occupied about one and threa- the interests of the engineer officers

Engineers' quarter hours, and the hearing of ap- of the "Vestris." Mr. Frank Stilwell, plications for costs, which followed, for the Transport and General Work- occupied a further 45 minutes.

ers' Union. Mr. L. S. Holmes, in-

Question of Costs

Annexe to Report Having read the report of the Court with the answers to the ques- tions and the Court's recommenda- tions, which covered 26 typewritten foolscap sheets, Mr. Butler Aspinall proceeded

to read an annexe to the Mr. Digby, K.C., for the relatives of structed by the Mercantile Marine Ser- report, which extended

fool- the captain and first officer, and for vice Association, for Captain F. G. to scap typewritten sheets. In

the surviving deck officers, asked the Clark, the former master, and Mr. the Court said that according to be paid by the Board of Trade. He Officer.

this, Court to order that their costs should H. V. Anderson, the previous chief Board of Trade requirements the "Vestris was permitted to load to

the said their conduct having been called a draft of 26 ft. 3 in. on a winter should be made parties, to the inquiry-

into question, it was proper that

they voyage, but the Court came to the conclusion that her draft when she

He submitted that the evidence called sailed

on their behalf was of assistance to Was approximately 27 it. 2% in.

the Court, sad, therefore, it was equit "The Court is of opinion that when should be repaid by the Board of Trade. able and fair that their reasonable costs the "Vastris" aailed she had 3,019 toas of coal on board. An attempt, not an

The Commissioner. What do you ingenuous

one, was made by Messrs. be no extravagant costs.

mean by reasonable? There should Sanderson and Sons to establish that this figure was 250. tons in excess of what she in fact sailed with, This attempt was supported by reasons which the Court thinks inaccurate and unconvincing."

Dealing with the question of over- loading, the Court said there were five definite cases of Mosers. Lamport and

of

Mr. Digby said he thought no extra- vagance would be found. Board of Trade, said so far as the chief Sir Thomas Inskip, K., for the officer was concerned he would leave the metter to the discretion of the Court, Mr. Digby was instructed by solicitors subject to one or two observation

Holts ship's putting to sea laden be- who received their instructions from the Navigators and General Insurance yond their marks; in fact, probably Co., Ltd. That company desired that ROTTERDAM & ANTWERP Via Singapore was the practice of shipmasters to that they were undertaking the burden there were more. It was said that it publicity should be given to the fact Colombo, Suez and Port Said. ALASKA MARU ..................... ....................... Wednesday, 9th October.

pump out water from the tanks on the of the inquiry on behalf of the persons RIO DE JANEIRO, SANTOS & BUENOS AIRES Via Saigon, Singapore, not believe this to have been the case. company advertised

way down the river. The Court does Mr. Digby represented. The insurance

Mr. Butler Aspinall read the corres-

in Board pondence

which

Trade publications that it was entitled passed between Messrs. Lamport and Holt, Messrs. to ask officers in the Merchant Navy Sanderson and Sons, and the Board money on the legal defence of officers. to insure with it because it spent of Trade in reference to a voyage in Therefore the application meant that laden. He repeated that the Court did that the money they had spent should 1026, when the "Vestris" sailed over this insurance company was asking not believe that it was the practice to be repaid by the public. pump out water, and added: "Mr.Depar

B.O.T. Position Wonds, the registered manager, said The did no more than pass on Messrs. and the relatives of the captain and Sanderson and Sens letter to the first officer, were concerned, Mr. Digby should have done more. Board of Trade. The Court thinks he

was really undertaking a duty which "The matter was of great import the Legislature thought it right the ance, and he was the registered maua The Board of Trade was not in a posi Board of Trade should undertake, ger. He should have made urgent re-tion of a prosecutor in that Court, but presentations that any pumping ant was there to represent the interests of necessary to be done should be done the public. The power of the Court to am. before the vessel left the wharf.

Mr. Woods should have informed him order payment of costs was really in- salf of what was happening at New son had complaint to make widch tended to be exercised when some per York-Jo ar of his company and could only be brought to the attention the other

of the by counsel. There was The Voyage-

this further observation, that only legal give a brief narrative of the ship's the expense of detention, subsistence Mr Butler Aspinall proceeded to cesta could be 10 questioned, because all voyage, mentioning that at 8.87 a.m. and travelling had already been met by the alarm signal was sent out, and at the Board of Trade 9.56 am, the S.0.5. signal was sent Mr. Digby said the position of the

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Monday, 23rd September.

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ARIZONA MARU (From Shanghai) Monday, 23rd September, MELBOURNE Via Manila, Brisbane & Sydney.

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Thursday, 3rd October.

Thursday, 19th October, 10

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