British Wreck Commissioner's Inquiry
Day 10
[Counsel Present]
The Commissioner:
Mr. Attorney, I am reported to have made some observations last evening - and I have no doubt I am accurately reported - with reference to the assessors who sit with me, and who are of such great assistance to me. What I said appears to be open to misconstruction. I did not mean to convey that the assessors were not a necessary and a most proper part of the tribunal; all that I intended to convey was that I thought that I could, when occasion required, proceed without the whole of them being here.
The Attorney-General:
Yes, I understood your Lordship's reference to be in consequence of the necessary absence on public duty of Commander Lyon.
The Commissioner:
Of Commander Lyon, who desired to be away on Monday.
The Attorney-General:
I think it would be better subject to your Lordship's view, that we should proceed at once to the recall of Hendrickson.
The Commissioner:
Very well.
The Attorney-General:
It would be better than going on with the witness we had yesterday in the box.
The Commissioner:
You know better than I do.
Mr. Duke:
If your Lordship pleases. As Hendrickson is to be recalled, I ask your Lordship's leave, on behalf of Sir Cosmo and Lady Duff-Gordon, to appear here to ask some questions of Hendrickson with regard to his evidence as it affected them.
The Commissioner:
I think that is right, Mr. Attorney?
The Attorney-General:
I have no objection.
The Commissioner:
Apparently the evidence may be taken as casting some sort of reflection on those people.
The Attorney-General:
It will probably be convenient, as my friend Mr. Duke is here, that we should decide what should be done with regard to the evidence directed to this point. Your Lordship will remember there were seven of the crew in the boat, including Hendrickson. We have them here. Your Lordship will remember that there were two ladies in the boat and three male passengers, including Sir Cosmo and Lady Duff-Gordon. In regard to the crew, we have all the seven here. It may or may not be necessary to call them, but they shall be in attendance, and I propose certainly to call - I state this for the information of my friend - so that he may know what I am going to do - to call the man who was in charge, Symons or Simmons, after Hendrickson; and then there was another able seaman on the boat whom I will call, and one of the firemen. Then there are some other firemen, trimmers, and, if necessary, we will call them. That would exhaust the crew. But as my friend Mr. Duke is appearing, of course, he is in a much better position to know what Sir Cosmo and Lady Duff-Gordon will say than we are, as we have had no communication with them and no proof, and it would be better, I suggest, although I do not mean in the slightest degree to insist upon it, that my friend should call them and that we should ask any questions that may occur to us in order to elucidate the point at issue, instead of our calling them. I do not really care which of us does it, only he has the material and we have not.
Mr. Duke:
May I say to your Lordship with regard to that, that before Sir Cosmo and Lady Duff-Gordon returned they communicated with the Board of Trade that they would be present to give such evidence as was required; but they did not arrive in London, I think, until Tuesday. Their proofs were taken either Wednesday or yesterday - I think yesterday - and I saw my friend as we came in this morning, and I mentioned to him that I have proofs here; and if the Court thinks that the more desirable course is that I should hand to the Law Officers those proofs, and the Law Officers should examine them, I am content to do that. I am, of course, aware of the contents of the proofs, and I am ready to examine them if your Lordship thinks fit.
The Attorney-General:
I have really no choice in the matter. I am quite ready to call them and follow the course that has been pursued here by calling them, and putting such questions to them as may be necessary for the purpose of elucidating the subject matter of this portion of the Inquiry if your Lordship thinks that that is the more convenient course.
The Commissioner:
I think it would be more regular if you call them, Mr. Attorney.
The Attorney-General:
As your Lordship pleases.
The Commissioner:
And make them Witnesses in connection with the Inquiry.
The Attorney-General:
Certainly.
The Commissioner:
If during the evidence anything should come out which appears to throw discredit upon either the lady or the gentleman, then I will allow Mr. Duke to ask them any questions which he thinks fit.
Mr. Duke:
If your Lordship pleases.
The Commissioner:
And see if it can be cleared up.
The Attorney-General:
I shall be obliged if my friend will supply me with a copy of the proofs.
Mr. Duke:
I will at once.
The Attorney-General:
My friend will understand that I am making no complaints of our not having had any proofs from and Lady Duff-Gordon.
Mr. Duke:
I am much obliged to my friend. I perfectly understood it, only I wanted to make it clear that Sir Cosmo and Lady Duff-Gordon desired to be present and give evidence.
The Commissioner:
I think the examination of by you was complete?
The Attorney-General:
Yes, not only by us, but also by all those who represented the various interests.
The Commissioner:
Yes.
The Attorney-General:
Except the representatives of the White Star Line.
The Commissioner:
Yes; Sir Robert Finlay applied for a postponement.
The Attorney-General:
The evidence is at pages 109 to 116, and Sir Robert applied, as your Lordship quite correctly says, at first to defer it till the morning, and then, on the next morning, we agreed it should be deferred till this morning. If your Lordship would like the particular passages which bear upon this part of the Inquiry, you will find them at page 112, beginning at Question 4994. That is the beginning of the reference to Sir Cosmo and Lady Duff-Gordon. That continues for the whole of page 113, and then there are some further passages on page 115. [TIP NOTE: These questions are actually on pages 120 and 121].
Mr. Duke:
There is a little at the top of page 113, I think, Mr. Attorney?
The Attorney-General:
That is only as to names, is it not?
Mr. Duke:
Perhaps that is so.
The Attorney-General:
I agree. I have noticed that, but that only gives the names of the persons who were in the boat.
Mr. Duke:
I was referring to 5065 in particular.
The Attorney-General:
Yes, quite right.
The Commissioner:
Page 113?
The Attorney-General:
Yes, My Lord. There is nothing very material there; you have already got it, but 5065 is the question my friend, Mr. Duke, referred to. It ends at 5070. It is only just a few questions, and I think if you read 5065, it is the only one which is of importance on this. Then if you will look at page 114 about Question 5132, and I think they continue to about 5170. Then on page 115, Question 5187, begins the reference to the money - that goes to 5190. There are just those four questions by Mr. Edwards. Then it is taken up again later in the examination by Mr. Lewis from the beginning; at Question 5192 it begins. It continues to question 5219, and that is the end of it. Your Lordship will observe you put a series of questions from 5198 to 5212, which summarised the position as regards the money.
The Commissioner:
Now, where is Hendrickson?
WITNESSES.
Charles Hendrickson - Leading Fireman, SS "Titanic."
Testimony - Biography
George Symons - Lookout, SS "Titanic."
Testimony - Biography
James Taylor - Fireman, SS "Titanic."
Testimony - Biography
The Attorney-General:
I am going to call another Witness who was in the bow of the boat, but Captain Barr is here of the "Caronia." I think the questions to put to him are only two, and I would like to call him to let him go. He wants to get back. I hardly think it is necessary to call him; but I will tell your Lordship what the point is.
The Commissioner:
Tell me what it is he is going to say.
The Attorney-General:
Your Lordship will remember when I opened the case I told you that from the "Caronia" there was a wireless message sent to the "Titanic" at 9 o'clock in the morning, warning Captain Smith of ice.
The Commissioner:
Yes.
The Attorney-General:
And there was an acknowledgment by Captain Smith, somewhere about a quarter to ten that morning on April 14th, of the receipt of the marconigram. I will just read those two, and that is all I need do, I think; and I will give your Lordship the latitude and longitude in which he was. We can work it out afterwards for ourselves.
WITNESSES.
James Clayton Barr - Captain, SS "Caronia."
Testimony
Albert Edward James Horswell - Able Bodied Seaman, SS "Titanic."
Testimony - Biography
The Attorney-General:
We have other members of the crew here, but I think it would be better to call Sir Cosmo Duff-Gordon straight away.
The Commissioner:
If Mr. Duke wants them they can be called.
The Attorney-General:
I have them, and if they are required I will put them in the box.
Mr. Duke:
I may say that if Mr. Attorney finds in any statement anything which needs explaining by Sir Cosmo, it will be put to him, and if not I shall assume they make no statement reflecting upon either Sir Cosmo or Lady Duff-Gordon.
WITNESS.
Sir Cosmo Duff-Gordon - First Class Passenger, SS "Titanic."
Testimony - Biography
(Adjourned to Monday next at 10. 30 o'clock.)
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