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1x1 Jii MliJD U JtiKili x TUMJKfcV SiLOSS OF THE FOREST AVALANCHE.The Wreek #ommi8sionerf Mr. H. C. Rothery. assisted by Captains Holt and Jones, as nautical assessors, has commenced an inquiry into the loss of the Forest and the Avalanche in the Channel.Mr. Mansell Jones represented the Board of Trade Dr. Phillimore and Mr.Railes appeared for the owners of the Forest, Mr. Ingledew for the owners of the Avalanche, Mr. C. Pritohsrd for the British Ship-roasters’ Societj*, and Captain Bedford Fim on behalfof the relatives of some of the deceased.Reference was made in a feeling manner to the death of Mr. Patteson, who used to practise in the court, after which Mr.Mansell Jones opened the case. He said-the Avalanohe was built in 1374. Both vessels were full-rigged sailing vessels. The Avalanche was of the registered tonnage of 1,160 tons, and wasowned by Messrs W. SaviUe and VV. Temple. She was built with two iron water-tight bulkheads, and a collision bulkhead forward, which had a valve which could only be opened by a key kept by the carpenter. There was also another bulkhead about teu feet from the stern post. She had an equipment of five boats, capable of carrying 130 persons. Two of them were lifeboats, three were on davits and two on slids. There were two sets of life belts and five life-buoys. She sailed for London on the 8*h September, and at Sheeruess had a collision with a foreign barque, which would be more particularly described by evidence. The Forest was built at Handsport, Nova Scotia,in 1873, and had a tonnage of 1,422 tons. She was owned by Messrs. Churchill, and bad three boats* - a long boat and two galleys—neither of them lifeboats, none of them on davits, but all on deck. She left London on the 9th September, and was towed down to Dover. She was in ballast, and was bound for Sandy Hook for orders. She had a crew of twenty-one hands, and was sailing down Channel, off Weymouth, at the time of the collision. At nine o'clock a green light was reported at her head, and shortly afterwards a collision took place. He then proci eded to describe the particulars of ths collision and iu conclusion said the points for the oourt to inquire into were—1. The csuse of the collision. 2. Could mors lives have been saved ? 3,Were the; pro visions of the Aot of Parliament dulyobserved by those in oommand of both vessels ? 4. Was the Forest fully and sufficiently manned for the Voy age ?The following evidenoe was then taken John Colville saidhe was chief officer of the Coast-guard at Portland. At six o’clock on the morning ot the 12th of September he was called by a fisherman to a boat beiug Upside down at sea; He then detailed the action taken by the coastguard in assisting the putting out ol a boat and helping to rescue and take care of the survivors of the collision.Mr. J. Campbell Sherrington said he was third mate of the Avalanche. When off Sheerness they had a collision with a small barque. At that time the pilot was in charge and the brig was ahead, and had just whistled for more navrser. They passed dswn£the Channel past Deal, and a watch was set from the time they left Gravesend. He remembered being relieved from his watch at eight o'clock at night ou the 11th of September, and turned in shortly before 8.30. It was the captain's watch that was set and he was on the mate’s wateh. | He had not been in long when he heard a cry of hard up,” and when he got on deck there was a cry of 44 light on the port or star* board bow.” He could not be sure which. Then be heard a cry ** port your helm,” and thought that came simultaneously from the Channel pilot and the officers of the ship. Directly afterwards he saw a vessel, and the jibbcom came over the side of the Avalanche, and hearing a crash behind him he judged that the mainmast had been struck and given way. He went aft, and then there was another shock, and he went on deck and clambered upon the poop. The vessel was struck a third time,and he then jumped on the jibboom of the Forest ana clambered on board her. He then bw the Avalanche struck a fourth time. When he got on the Forest the siilors were running aboat the deck. Ha met a comrade on the Forest, who had also got on boaro, ana they endeavoured to launch the boats. When he found the Forest was going through the water he went to the helm to stop her, but found she was sinking. One of the boats was lowered, and the sailors all tried to get in it, but were prevented by the mate, who threatened them with a pistol. Another boat was lowered, and the mate called out for some one to put the plug in. He tried to do so,but could uot, and it was not done till the ^following morning. While he was in the boat the mate asked if anybody there was coming, and nine men struggled down a rope that was lowered, including the captain, Somebody called out that th^re was a maa on the anchor, and after an endeavour was made to g'et to him, it was found impossible. They then went off. There was a stiff sea running. They saw the Forest for about two hours, and then lost sight of her. They reached land on the following morning. While they were drifting about he saw the second boat, but then lost sight of her. He afterwards saw her on ths Chesii Beach.—The witness was cross-examined by Dr. Phillimore.the Avalanche sunk under his bow before he ooul dlt;» anything. He believed the port anchor of the Eoreat caught in the main rigging of the Avalanche. did not see that, but believed it did so, because he heard the rattle of the chains. The Forest wae much higher out of the water than the Avalanohe. He did not think tbe vessel* separated until the Avalaneht went down.SECOND DAY.—THURSDAY, Oct. 4.Mr. J. Campbell Sherrington, third mate of the Avalanche, was recalled, and cross-examined by Captain Pirn. He said off Dover the Avalanche met wuh a strong lt;aaterly wind. When he was in the cabin and heard the light reported, he could not say whether it wa- a green or a red light, nor whether it was on :he starboard on the port side. He should think it wa- a q.a:ter uf an hour after he heard the light re-p • u i.dole became out of his cabin. The order to poii the helm was given in such a tone of voice as to lead the witness to believe that it was given to another ship. When he got ou the Forest there was great confusion on board. He immedi* ately threw ovei a lot of rope to try to 5ave those who were on board the Avalanche.—By Mr. lng*edew : He did not think there was anything on the Avalanche to obstruct the view. He was on the poop just oefore the collision, and could see over both bows, rheie was a man on the look-out on the forecastle. The Avalanche answered her helm well, and be had seen the men at the wheel for half an hour without moving it.iie only saw the lights of the Forest once. When he was aroused in the boat it was hazy to sea, but not to land. He did not believe the boat could have male the Forest if they had wished to, as they had n sufficient oars to work her properly.Joseph McCarthy, cross-examined by Captain Pim : He Lad been to sea four years, but had never seen a majority of foreigners on an English ship. He hUuuid have thought the boat could have got to the Forest if they wished, but it would have been dangerous to galongside. In reply to other questions, witxifchs said the Purest struck the Avalanche nearly stem on, a little on the port bow. He only saw the port iigbt of the Forest just as she was going to Strike.David Peters said he superintended the passengei accommodation on board the Avalanohe. There was a steam launch ou the deck on the port side. She was only 4ft. Gin. high. She diew 18ft. lin. forward and 17ft. lOin. alt, W itn-'ss added, in reply to questions, that an officer from the Board, of Trade came down and expietbed himself satisfied with the tonnage. Captains Wake, Curnish, and Gray, from the Board ofTrade, ail saw ti e launch.Mr. Charles Geoige Petherbridge, ship's husbanaof the Avaianche, produced the list of equip* rueutfi of that vessel. She had five boats at the time she sailed capable of holding 130 persons. There was one lifeboat, three pinnaces and a gig. He also stated that the lifeboat was fitted with a Clifford’s apparatus Jur iov.eung, the other b^a-s had the usual thwarts. T he launch wuuid not mteriere with the viewfrom iiie p.Mip, which w a, 7ft. from the main deck.Chatle* Mills, uoie seaman on the Avaianche, said he was »n L112 main deck 011 the right of September lltii at nine o'clock, when he heard alight reported, iic saw alight bmad on the port bow, but could not disiinguiftu the vessel carrying it. He heard the pilot give the order liard up.” That was the first orderhe heard given as to the helm.At that time the Avalanchewas huu.cti 011 the port tack. He could notrecollect seeing a green light on ihe Forest before she fitiuck. T he v aiei was coming round his feet , before Le got on the Forest. \V hen he got 011 the Forest lie found the mei. calling out that they were sinking,and to puLtnc i»- atsout. He saw the lights on the Forest about an Lour or a 11 hour and a half before they lust eight of Lei.Ephraim Lockhardt, captain of the Pore»-t, said juafc Letoie iln: collision he thought he saw Portland lights. Tim night was daik and misty, arid ana ty chopping sea was running. The lightsWeie set at daik4aod were burning brightly. About !twenty minutes beioie the collision t lie look-out man sang lt;» *t ‘ A light on the port bow.” The second mate came mi the p mp, and puiuied out the light. It was a green one, and was a few points on the port bow. At that tune the Fnrest was close to the wind. He did not give any urderr about it. He said to the mate, 44 If I was in that ship I should keep off and shew my red light.*” lie then lost sight of the light. Ten minutes before that he gave Hie order to luff, and the vessel then answered her helm. Subsequently he gaveordcis to put the helm down, and he did not notice then whether she answered as he wai going irons one side of the poop to the other with his glass, trying to find the stranger. He knew the helm war hard down. He then told the mate to goto the pilothouse and get a flare up. He did not see the A\a-lanche until just as he struck her. On bei gjukd how he accounted for the Forest striking tm •Avoianobe on the port side, he said the was under MBVas, and by keeping too near the wind she woub: fall on. When the collision took place he was standi.l lt;w»the noon. He was.completely thunderstruck, andTHIRD DAY.—-FRIDAY, Oct. 5th.Ephraim Loekhardt, the captain of the Forest, was recalled, and said in his watch on the 11th September there were the second mate and seven able seamen, Thatwarthe whole of the watch except the carpenter, who would not be on deck at the time. There was a man on the look-out, but he did not know his name. He did not know the names of the seven men who were in his watoh as they had only shipped on the 9th. The men on the watch would be’supposed to take in any of the light sails. They were not steering any particular course; they were beating down the Channel and steering by the wind. When he found the vessel was right under his bows and could not make out what she was doing, then he became apprehensive of some trouble. At that time his vessel the Forest was coming to. As the Forest fell off she would fall to leeward, and tTe Avalanche being on the lee-bow the Forest, of conrse, fell towards her. In reply to the question—It was some time before that when the green light of the Avalanche was reported. Why, knowing the Avalanche was on the leeward and that his ship was falling off in that direction, he did not take some steps to stop the Bhip's way ? he said all he could do der the circumstances was dene. He told them tounkeep her full, and saw that the wheel waB hard down. He could not remember if the Forest was on the rise or on the plunge when she struck the Avalanche When the collision took place he was on the poop on the port side, and the first he saw of it wag the jib-boom of the Avalanche piercing through her rigging. When the ForeBt struck the Avalanche he only felt a alight shock, which was not sufficient to disturb his equilibrium. The Avalanche seemed to him to go down in an instant. When the light was first reported to him it seemed about a mile off,and the collision took place about twenty minutes after. The first thing he did after the collision was to order the boats out. He judged that the Forest was lifted up and fell down on to the Avalanche, thus crushing her. His object in ordering the boats out was to see if they could save anybody, and to be ready to save themselves, if anything happened to his own vessel. He had been master for twenty-six years, but had never in his life been in any trouble or in a collision before. The majority of the persons who escaped got in the two first boats that were put out. He was under the impression after the collision, on account of the weather and from the general look-out, that it was all up, and that they were all bound to go down. When the mate called out from the boat to him to come in he went to the side and looked over. He replied they must wait till he got the white boat launched. That one he lowered into the waterfrom the starboard davits with assistance. He told Mr. Johnson, the second mate, to take that boat and get the other people in and to do the best he could with it. There was the mate, himself, and three men. The mate asked witness to come in, but he did not do so. He did not do anything to the other black boat on the starboard side, but he thought he afterwaids saw the boat in the water. He went into the boat on a rope down the side. The vessel, when he left, was shifted a little to the starboard, which he thought was caused by tbc water in the hold, and not by the -shifting of ballast. When he got in the boat he found some water was in her,and it was with the greatest difficulty that they got away from the fide of the vessel. She shipped water frequently over the weather gunwales, and also during the night.—The witness was then cross-examined with great minuteness as to the details of the escape to land in the boats.FOURTH DAY.-SATURDAY, OCT. 6th.At the opening of the court the commissioner said ne had fully considered the application made on Friday by Captain Pim, that the three gentlemen who were alleged to have surveyed the Forest;, and certified as to the propriety of the deck cargo, should be called and examined, and he thought it desirable that they Bhouid be called.Ephraim Loekhardt, captain of the Forest, was recalled, and re examined by Mr. Mansell Jones : If the spanker had been set it might have steadied his ship, but there was too much wind for it. He dill not call all hands up when be lost sight of the light of the Avalanche because there was not time to do anything before the collision took place. After the collision he did not go up to the forecastle to see if there was anyone clinging to the bows. He did not think of it after he got into the boat. He heard there was a man clinging to the anchor. When he ordered the boats out he did not direet them to go to the spot where the Avalanche sank, because it would only have been to lose more lives and save none. He was quite sure they did not go to the head of the ship when they got into the boats. If they had done so they would not have been saved, because the boat would have been sucked under the bows and the anchor and gear would have crushed or capsised them. The boat went forward before he got in, but would not save any one. When he first saw the green light of the Avalanche it was about 2 points or 2£ 011 the port bow. He then saw his own lights were burning. It was an unseamanlike thing to let go the lee fore braces; but if he bad known what the Avalanche was doing he should have done so. He could not explain how it was he lost sight of the light of the Avalanche, and had no means of stopping the way of his boat so as to let the Avalanche go ahead. He thought it possible that his foresail might have prevented him seeing the red lamp of the Avalanche when she went about. He did not think he would have had his vessel more under his command if he had made moie sail.Robert McKelvie (who was accommodated with a hlt; ai) said he was mate of the Forest and held a certificate from the Board of Trade. On Tuesday evening, the llth September, he gave up the watch to the captain, when the ship was on the starboard tack. He went below and shortly afterwards he heard a crash and heard his name called. He rushed up on desk and the captain told him to go and see what damage she had sustained. He looked over the port bow and saw the Avalanche sinking. He heard plenty of cries, and she went d .wn like a stone. He then saw the anchorwas adrift a-»d tlie port cathead gone. The copper was torn off the bow and the wood broken. He could find no damage 011 the starboard bow. He did not see anyone on the starboard bow, nor did he seeacyoneget on his vessel from the Avalanche. He told the captain that the vessel was sadly damaged forward, and he told witness to get the b atsout to try to save anyone who might be in the water. He then called the men as there was confusion, and told them they must obey him, and he went down and got his revolver, which was loaded. One boat wat lowered, and the boatswain came saying the ship was filling fast. The men then attempted to rush into the boat, but witness, shewing his revolver, told them they should not go down until there were sufficient boats to save all. He then ordered theother boats out. The witness then detailed the circdm-*stances attending the escape to land. He was injured twice during the process of getting the boats out; once a spar sprang up and struck him in the knee, and afterwards when he was in the boats a belaying-pin was thrown down and struck him. They heard the voice of a man on the anchor, and witness told him to climb up the vessel. He was answered, and said he could not, and then witness called out to him to jump in the water and he would try to save him. They never heard any more of him after that. He did not see any. blue lights go up, but heard there were. He saw the ship about half an hour after they left, and at that time it would have been impossible to get back to the sb;p.John Nicklass, an Austrian, said he was an able seaman in the Forest, and was on the loqk-out on the llth of September. He saw the green light on the port bow, and reported it. Somebody announced all right ; he thought it was the second mate. First he saw a green light, and then a red light, and then the colliaion took place.FIFTH DAY.—MONDAY, Oct. 8th.William Meyer, an able seaman on the Forest, was recalled. He said when the Avalanohe was close under the bows of the Forest he heard a calling ont to 44 starboard ” the helm, but did not know on which vessel it was. When he was first examined he said to the coroner that he thought it was on his own vessel, and that before the ship had time to come up to the wind the Avalanche got across their bows. That was his belief when he gave his evidence at Portland, but he was excited at the time. The second time he said he did not know who gave the order. He had not had conversation with any one sinoe he first gave his evidence which caused him to alter his opinicn. He was standing close by Nicklass, the look-out, when he saw the Avalanche close, and he saw at once a collision would take place. Although quite close he did not hear the order given to port the helm. When he saw the collision he jumped down off the forecastle head and said to the men, “ Bet’s get the boats out.” Hedid not think they could have brought up the boats in which they escaped under the lee of the Forest with4«oetore viie collision took piaoe, (The witness tnen f explained to the oourt by means of models his idea of the collision.) If the order had been given from the Avalanche, and had been obeyed, he did not think it would have averted the collision. The witness was here cross-examined as to what would have been the effects of the order to starboard being obeyed, but could state nothing definitely.Mr. Fenton Wake said he went on board the Ava* lanche the Saturday before she sailed. He was shewn the launch whioh it was proposed to take, and the also saw the shores on the vessel. He did not see anything improper in the steam Jauneh being taken.Mr. Cornish gave evidence to the same effect.Captain C. Wilton, principal surveying officer of the Port pf iiondou for the Board of Trade, said he considered the Avalanche did not come under the pro* visions oi the Emigration Act, It was a “short ” snip. Captain Peters applied to him with regard to carrying the launch and asked liim to superintend the stowage and to grant a certificate that it was properly stored, lie explained that it did not come within the province of the Board of Trade, and that he could grant no certificate. He said as his attention had been called to it he would see that reasonable precautions were taken. Captain Sconce was sent down by the witness, and reported what was proposed to be done. He then sent the principal shipwright, Mr. Abbott, to inspect but not to approve ’* the arrangements, and he reported that he thought reasonable precautions had been taken. At that time the launch had not been stowed, and subsequently when inquiries were made it was found the vessel was gone. The duty of measuring the cargo was undertaken by the Customs. It was done by the Board of Trade, but by arrangement was now undertaken by the Customs.Mr. Abbott, principal shipwright, and Captain Pethabridge also saw the launch, and thought all reasonable precautions had been taken.William Jager, an able seaman of the Forest, said he was amidships on that vessel at the time of the collison. Nicklass reported a light on the portbow and that it passed aft, but he did not see the light himself. He could not tell for certain whether he had said that he heard the captain say that a vessel was too close. He bad made so many statements he could not remember. The light was reported twice. (The witness was here very indefinite in his answers, and it was evident he did not thoroughly understand the questions put to him.) He did not notice whether the snip altered her course after the captain went aft. He saw a red light 011 the port bow just before the collision, and was then standing on the port side. He heard no word of command given before the collision relative to the helm. He heard an order after the Avalanche sank to put the helm hard a starboard, and did it. There wa* no one at the wheel when he got there. He caire from America, and was a German by birth. The tiller vas abaft the rudder-head. He thought he saw the ship for about an hour after they got in the boat. He saw blue lights of rockets after he left the ship.At the conclusion of the evidence, Mr. Mansell Jones handed in the following charge.:—On behalfof the Board of Trade, I hereby charge Ephraim Loekhardt, late master of the ship Forest, holding a certificate of competency aB master from the Board of Trade, for that he, being in command of the said ship, and being the officer of the first watch on the night of the llth September, 1877, the said ship .being at the lime on the starboard tack ou the wind, under low canvas, he, the said Ephraim Luck at (it, sighted the green light of the ship Avalanche, bearing about points on the port bow of the Forest, whereupon he, the said Ephraim Loekhardt, instead of keeping his course furnished by the regulations for preventing collisions at sea, permitted the said ship to fall off the wind and permitted the helm to be put to starboard; and further, having due regard to the special oircumstanoes winch existed in the case, rendering a departure from the ordinary rules necessary In order to avoid immediate danger, did not exercise a departure from these rules in due time ; and further, with having neglected precautions which were required by the ordinary practice of seamen, and by the special circumstances of the case in order to avoid a collision, and thereby came into collision with the said ship Avalanche,whereby the said ship Avalanche foundered, and the lives of many passengers and of the crew of the said ship Avalanche were lost; and the said ship Forest also foundered, and the lives of many of the exew of the said ship Forest were also sacrificeda view of saving any persons who might have been hanging on the bows of the Forest. They were on the stai board tack that night, and sailing before the wind. Supposing the order to * ’starboard ” to havebeen Biyen to his own ship there would not have been time for the vessel .to have answered to that orderSIXTH DAY—TUESDAY, Oct, 9.The Commissioner said ihe Avalanche certainly did not come under the Passenger Act as a passengei Vessel, 24 out of 59 passengers being cabin pa.^eugers, while.it was necessary, to bring it under the Act, thatthere should be 50 passengers exclusive of cabin passengers, or 36 under another clause of the Act.Dr. Phillimore then asked for the ruling of the Court on the last two charges. The first charge was specific enough, and charged Captain Loekhardt with having permitted his ship to fall off ihe wind, and his helm to be put to starboard ; but the second and third charges were not at all specific, and he submitted they should be told in what they should have exercised a departure from the ordinary rules. So dark as he could see, the only dep arture could be that of keeping thMr course, so that the firgt charge would be of not keeping her course, and the second of keeping her course. He would also like to know what were the special precautions which were required to be taken.The Commissioner said he supposed the charge meant that the captain of the Forest, under the circumstances, did not depart from the ordinary rules of the road in time to avoid immediate danger, and that what he did do, if it was correct to do it, was not done in time nor in the proper way.Dr. Phillimore said he wculd merely wish that his protest that the fecund and third clauses should be either specifically put in writing or struck out should be put on the notes, which, having been agreed to, he banded in the report of the Portland High Light for the night, proving that the weather was misty, squally, and dark, and the sea rough.Captain Pim proceeded to review the whole of the evidence, and said he believed the captain of the Forest was a fi e old sailor, and was quite right in his course by the rule of the road at sea. He went into the matter at some length, and attributing the fault of the collision to the Avalanche, ai-ked the Court to fully cunsider the matter, which, he said, was the most important case which had come before the Commissioners.Mr. Ingledew, in addressing the Court, mentioned that the owners of the Avalanche were unprotected by insurance to the extent of £10,000 and that they had a deep interest in preserving the ship. He attriouted the collision to the captain of the Forest in not keeping his course as he was bound t»# do, •he being 011 her starboard tack. The Avalanche beiug on her port tack had also a duty to perform, which was to keep out of the way, and that duty the was endeavouring to carry out by keeping off the wind to pass under the stern of the Forest at the time the collision occurred.Dr. Phillimore said if a formal charge had been made against the owners of the Forest, he had in court, and should have called as witnesses, the only two people whe could testify to the character of the erew, viz., the two pilots who took the ship down to the Channel. Of course it was not evidence, but he was instructed that they would have told the court that it was perfectly possible to manage the Forestwith the crew she had, and to its being perfectly wellmanaged while they were on board. With regard to the charge against Captain Loekhardt, it was unfortunate for him that all those who were responsible on board the Avalanche were drowned. If the order to starboard had been given at all on the Forest, evidence and probability pointed to it having been given by the second mate and not by the captain, Ou the other hand there were many probabilities that the order was given from the other vessel. If the captain, as he maintained he did, kept his ship as near the wind as he possibly could, he could not by any means be blamed for the collision, and under the circumstances of the night and the weather, he waB perfectly justified in sailing under low canvas.The Commissioner and his assessors then retired to consider judgment. Upon returning into Court the Commissioner, after detailing all the circumstances of the case, said as to the undermanning of the Forest, be was told by his assessors that American vessels oould be worked with fewer sailors, as their ropes were lighter and the blocks smaller than English Vessels. As to the steam launch on the deok of the Avalanche his assessors were of opinion, and be concurred with them, that, considering the great length of the vessel, it was not expedient that such a weight should be carried on her deck. The number of passengers she was entitled to carry was 34 8-10ths. and if she carried, as had been stated, 35, she infringed the Act; at any rate she came very near it. In their opinion the Forest, although under such close saii, could hardly, seeing the force of the wind, have oarried in safety a greater amount of sail, considering •he was so high out of the water and in ballast. It was dear the Avalanohe being on the port taok must have known when they saw the red light of the Forest that sbe was on the starboard tack, and that consequently it was her duty to give way. She had the optionof either going ahead or astern as she thought fit. She ■elected to go astern, and if a collision occurred she was undoubtedly primarily responsible for it, and the onus was on her to shew that she did everything to avoid a collision. At the same time, withoutsuspending or cancelling the certificate of CaptaiuLoekhardt,for not keeping ms eye on tne green ugnt 01 me Avalanche, and for not acting with greater promptitude atig . _they thought he ought to be reprimandedthe time of the oollisioD.
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London Mid Surrey Times Kingston Express and Richmond Herald
London, Middlesex, GB
Sat, Oct 13, 1877
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USA 28 Nov 2022
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