Wreck Commissioner's Inquiry

FIRST DAY

 

HENRY GEORGE KENDALL

Resumed.

 

Mr. Aspinall:
There is a matter in which I desire to ask your Lordship's ruling. Certain statements have appeared in a newspaper reflecting upon the conduct of Captain Kendall, and he is very anxious to have this opportunity in public court of refuting the accuracy of those statements.

Lord Mersey:
I do not like paying any attention to newspaper animadversions; they are better left alone.

Captain Kendall:
Thank you, my Lord.

Mr. Aspinall:
Captain Kendall very naturally feels very sore over the matter, but I leave it at that.

Mr. Haight:
May I see the chart that Captain Kendall marked this morning?

 

By Mr. Haight:

 

353. Captain Kendall, will you please tell me whose watch it was as you approached Father Point - was it the chief officers?
- The first officer's, Mr. Jones's.

354. Who was regularly stationed on the bridge with the first officer during the watch?
- Officer -?

355. He was not there alone?
- No - do you mean another officer?

356. Anybody.
- The third officer.

357. Which third officer?
- Mr. Moore.

358. Whose watch was it in the engine room?
- I cannot say.

359. You do not know whether it was the first assistant or the second?
- No, I do not.

360. When had the watch been changed before you reached Father Point?
- Midnight.

361. And the chief officer was on the bridge from when to when?
- From 2 to 4 o'clock.

362. Have you any list which will show how many men on the deck and in the engine room who were actually on duty have been saved?
- I have no list.

363. Will your engine room log or anything else show which men were actually on duty?
- I do not think any documents were saved - none whatever - except my scrap log.

364. Were the engineers who were on this watch saved?
- They were.

365. What course were you steering as you approached Father Point?
- South 87 East by compass.

366. How long did you run on that course?
- That was South 84 magnetic.

367. That will be East magnetic. How long had you been making a magnetic course due East while approaching Father Point?
- Since Bic Island was on the beam.

368. How many knots would that be?
- The distance is about 19 miles.

369. How close did the Empress of Ireland run to the pilot boat?
- The pilot boat comes alongside the ship.

370. How close did you run to the light at Father Point?
- About one mile off Father Point gas buoy.

371. How far is the gas buoy off shore?
- About two cables; I cannot give the exact distance.

372. Of course, you were only a little over a mile out from the shore when you dropped your pilot?
- From the end of the wharf a mile and a half.

373. How long were you stationary off Father Point while yon were dropping your pilot?
- I should think about five or ten minutes.

374. Will you be good enough to make a diagram showing the relative positions of the two steamers when they actually touched in contact? (Captain Kendall drew diagram on paper.) Will you also say which boat is the larger?
- The largest is the Empress. You gave me two models one small and one big and I took it that the largest one would represent the Empress. (Diagram marked Exhibit No. 1.)

375. As I understand you, Captain, at the moment of contact your heading was North 73 East magnetic?
- North 75 compass, 3 degress westerly deviation North 72.

376. And immediately before the vessels came together you heard the whistle blown by the Storstad first two points, then four points, then six points on your starboard bow?
- Yes.

377. How close did the whistle of the Storstad sound to you when you heard her whistle two points off on your starboard bow?
- At a safe distance.

378. Could you form any estimate?
- Yes, by the dimness of the sound.

79. Was it a mile?
- It might have been a mile or half a mile - that I cannot say - according to the mechanism of his whistle. I do not know whether he has a powerful or a weak one. Different vessels have different whistles.

 

By Lord Mersey:

 

380. Can you rely upon the whistle as being an indication as to where a ship is or as to how far away she is?
- The direction but not the distance.

381. You can rely on the whistle for the direction?
- I thought that without wind, like it was that particular night, it was quite safe.

 

By Sir Adolphe Routhier:

 

382. In a fog?
- Yes.

382½. You are sure as to the direction?
- Yes.

 

By Mr. Haight:

 

383. How close did the whistle sound when you heard it six points on your starboard bow? Did you think that it might be about a mile or so away?
- I should think that he would be passing a mile away.

383½. You thought the Storstad was a mile away?
- A safe distance.

384. Your course away from Father Point was North 47 East magnetic?
- Yes.

385. When you first saw the masthead lights of the Storstad how did they bear on your vessel approximately?
- Between three and four points.

386. On your starboard bow?
- On my starboard bow.

387. How far had you got away from Father Point when you saw his masthead lights?
- Just before getting Cock Point on the beam.

388. How long before that do you think you started your engines full speed ahead from Father Point?
- About three miles.

389. You were heading North 47 East magnetic?
- Yes.

390. You had him on your starboard hand and you were the burdened vessel?
- I had him on my starboard hand. Will you repeat that?

391. At that time you were showing your starboard light to his port?
- I was.

392. So that under the rules you were required to keep out of his way and he was required to keep to his course and speed?

Lord Mersey:
Read the rule.

Mr. Aspinall:
It is to be remembered that Capt. Kendall states in his evidence that he had not seen the starboard light of the Storstad; he had seen the first two masthead lights but not the side lights.

Lord Mersey:
Will you read the rules?

Mr. Haight:
Rule 19 is as follows: -

"When two steam vessels are crossing, so as to involve risk of collision, the vessel which has the other on her starboard side shall keep out of the way of the other."

Rule 22: -

"Every vessel which is directed by these rules to keep out of the way of another vessel shall, if the circumstances of the case admit, avoid crossing ahead, of the other."

Lord Mersey:
It is the first of these two rules that you refer to?

Mr. Haight:
Yes, and I am about to refer to the second.

Lord Mersey:
I do not quite follow the question and the answer. Was there, according to your view, danger of collision at this time? If there was not the rule does not apply.

Mr. Haight:
As I understand the rule, when vessels are crossing courses, there is always danger of collision if the course of each is maintained. When a man see a vessel off his starboard hand bound up the St. Lawrence and he is bound out into the gulf, as soon as he knows the position of the other vessel, which vessel he knows is going up the river, the rule applies. That is my understanding.

Sir Adolphe Routhier:
You consider that the Empress was crossing?

Mr. Haight:
Yes, sir.

 

By Mr. Haight:

 

393. Assuming, Capt. Kendall, that the Storstad was bound to Montral [sic] when you were on a course North 47 East it would necessarily be a crossing course with you?
- Assuming what?

394. When you first saw the Storstad you recognized that she was going up the St. Lawrence and that she was on your starboard hand?
- Quite so.

395. That then called upon you to keep out of her way and not to keep on your course?
- The distance between the two ships at that time was too far apart to consider any point of collision.

 

By Lord Mersey:

 

396. If they had kept on their course would there have been any collision?
- No, my Lord, not on the course we were steering as the distance between the two ships was too far apart.

 

By Mr. Haight:

 

397. If he had kept on his course as his vessel was first seen by you, would you have crossed his bow or gone under his stern?
- I would have gone ahead of her a long time before she would have got to that point.

398. How much do you think you should have cleared her bow if you had continued on your course North 47 East magnetic?
- It is not a question of a short distance; it would be a great distance, a very great distance with the speed of my ship compared with the speed of his.

399. You would have crossed her bow by a mile or two?
- By keeping on my course North 47 magnetic.

400. You say that your speed was such that you would have cleared him if you had remained on your course North 47 East?
- Yes.

401. When you changed your course North 72 East you headed your vessel very much more towards the Storstad?
- Towards the land and the Storstad.

402. Towards the Storstad? That change increased the risk of collision?
- No, that did not increase the risk.

403. Well, you brought your course so that you would pass very much more closely to the Storstad?
- I had sighted his mast lights and the position he was steering.

Lord Mersey:
Keep to the answer and you can explain afterwards. It is the truth to say that the change which you made did bring you closer to the ship?
- It is.

 

By Mr. Haight:

 

404. When you changed from a course of North 47 East, how far had you run from Father Point?
- About 4½ miles.

405. When the vessels came together, did they remain in contact only an instant, or did the Storstad immediately back away?
- She seemed to tear the ship's side as she went away with her.

406. How long do you think the stem of the Storstad was in the wound?
- It was a matter of moments.

407. Three or four minutes?
- I cannot give you any statement as regards time; it was a matter of moments.

 

By Lord Mersey:

 

408. A matter of moments, I suppose, would be a matter of seconds?
- A matter of seconds.

 

By Mr. Haight:

 

409. The Storstad was only in contact a few seconds and then backed away?
- Then backed away.

410. Your statement is that your boat was absolutely dead in the water?
- Stopped.

411. You feel positive of that?
- I am positive she was stopped with no way upon her.

412. There was no reason why the Storstad might not have stayed in the wound and perhaps saved this fearful catastrophe at least in part?
- There was no reason.

413. Did she back away practically on the angle at which she had hit you?
- No.

414. How did she back up?
- She backed away with her stern towards my stern.

 

By Lord Mersey:

 

415. With her stern towards your stern?
- She swung around in this direction (indicating).

 

By Mr. Haight:

 

416. How do you mean with her stern swinging up against you; if she punctured you angling towards your bow then her stern was towards your bow and her stem down more or less towards the stern?
- Because, he gave the order for full speed astern, and when the shock took place the right hand propellor was thrown around in the direction I mention.

417. Do you think that after the stem had punctured the side of the Empress of Ireland the action of the reversed engines would be sufficient to move the entire steamer around as well as the stem?
- Quite so.

418. You first saw the Storstad about 100 feet away from you?
- About 100 feet.

419. And you say she was going then and that you saw quick water at her stem?
- I did.

420. Did you estimate her speed?
- 10 knots.

421. Assuming that you stopped your vessel in two minutes, do you think that the Storstad, loaded with about 11,000 tons of coal, could stop any quicker?
- No.

422. She would run probably farther through the water if anything?
- Yes.

423. How do you think that a vessel going 12 knots an hour, 100 feet away from you could succeed in backing away from you in a matter of three or four seconds after she struck you?
- It was the impact that drove the ship back. With the speed on her engines at the moment.

424. Do you think she would strike you and bounce away if she reversed her engines 50 feet away from you - rebound?
- Yes, she rebounded to a certain extent.

425. If she had kept her engines full speed ahead she would have rebounded?
- She would still go back.

426. Is it not surprising that a boat that is going 12 knots an hour that shows only 50 or 75 feet away from you, can then come up, touch you, and back right off?
- No.

 

By Lord Mersey:

 

427. Ten knots?
- Ten knots, I said, My Lord.

 

By Mr. Haight:

 

428. Yes, I apologize, I did not mean to mention a different figure from that which the Captain gave. When did you take command of the Empress, Captain?
- On the 1st of May.

429. Where was she then?
- Halifax, N.S.

430. You made a trip out and back?
- Yes.

431. When was this test made in which you ascertained how fast you could stop your vessel and put her astern?
- It was made off Point Lynas on the Welsh coast.

432. Was that on your first trip?
- On my way out from Halifax.

433. You took charge of the boat at Halifax and on going out from Halifax you made this test?
- When I arrived off the Welch coast approaching Liverpool.

434. Is there not a fairly well defined rule as to how far a steamer will run if you give her length and ordinary engine power.
- It all depends on the build of the vessel.

435. You feel satisfied that, going 18 knots an hour, you could stop your vessel in two minutes?
- With 18,000 horse power machinery.

436. Do you realize how many feet a minute 18 knots amounts to?
- I do not realize the amount of feet per minute but I realize what I have seen and done.

437. 18 knots an hour is about the equivalent of 1,800 feet a minute?
- Quite so.

438. You think you could overcome that speed in two minutes?
- Yes, I do.

439. Do I understand you correctly that you went up on your upper bridge and took the bearing of the Storstad range light and estimated that the vessels were then starboard to starboard before you could see the Storstad's coloured light at all?
- Yes.

440. So that you changed your course before you saw her green light?
- Yes.

441. You said that when you saw the Storstad's lights become misty, you stopped your ship?
- I did.

442. Is it usual, when you consider that you are in a position of absolute safety, to stop your vessel entirely, because the lights look a little misty?
- A fog bank was approaching me from the land. Not knowing the thickness of this fog I thought it my duty to stop my ship knowing that there was a vessel in the vicinity.

443. You have said that you were in a position of starboard to starboard so that your boats were in no danger of collision?
- Quite so.

444. When there is only one vessel in the vicinity and that vessel is absolutely in a safe position do you always stop your engines dead?
- Knowing the position of the Storstad and knowing the denseness of the fog, I am not in a position to know what the other vessel is most likely to do.

445. You considered that there was no possible danger?
- I considered I was in a position of safety but not knowing what the other vessel might do when the fog covered her.

446. Then, at that time you were not anticipating a possible violent change of course on the part of the other vessel?
- No.

447. Shortly after you stopped you actually saw the Storstad's green light?
- Before the ship's way was off her I did not see her light.

448. Shortly after you stopped the engines?
- Then I saw his green light.

449. The moment that he let you see his green light you ordered your engines full speed astern?
- Yes.

450. Why should you put your engines full speed astern with the vessel green to green and in safety?
- The fog would be approaching the ship; I did not know and I preferred to stop until the fog had passed over.

451. There is no rule which suggests running full speed astern or stopping dead?
- I took the way off my ship because she is a ship that will carry a lot of way with the engines reversed.

452. And it follows then that with vessels green to green it was a wise precaution to put your engines full speed astern?
- And take the way off my ship.

453. You kept them going full speed astern until you got absolutely stopped dead in the water?
- I did.

454. You not only took off your fast headway but you took off all your headway?
- I did.

455. And you were absolutely inert?
- I was.

456. When you blew your first signal, three, and put your engines full speed astern, you could still see the Stortad's light apparently?
- After the first three blasts.

457. With the lights still showing, and with the vessels in the position of green to green, you still went full speed astern?
- With the fog dimming their lights.

458. And you continued to see the green light of the Storstad for some little time while you were going full speed astern?
- Yes, for a minute.

 

By Lord Mersey:

 

459. Will you tell me again what was your reason for going full speed astern?
- To take the way off my ship, my lord.

460. Why did you want to do that?
- Because I was in that spot and the Empress of Ireland is a ship, that when she is proceeding at 18 knots, will carry quite a lot of headway; she will continue running for a mile or two.

461. Your steamer?
- Yes.

462. Why did you want to stop?
- Because I saw this thick fog bank approaching from the land.

463. There was no other steamer complicating the situation except the Storstad?
- No other steamer to my knowledge, my lord.

464. Did you anticipate that she would do something that she ought not to do?
- I anticipated that she might do anything if she were covered by the fog and the fog came between us.

 

By Mr. Haight:

 

465. You said on your direct examination that the collision as it occurred, was only possible because of the Storstad cutting across and changing its course radically?
- Yes.

466. If you were heading North 72 East when the vessels came into contact at the angle shown in the diagram, (Exhibit 1) which you have drawn, the Storstad must have been pointed out almost into the river, would you not think?
- To about Nor' Nor' West.

467. Assuming that the Storstad was originally, when she sighted you, on a course of West by South, she had changed her course about seven points before she hit you?
- Apparently.

468. There is no reasonable explanation that you can give for such a radical change of course as that?
- I can give no explanation.

469. It would sound almost as if she were trying to run you down?
- I would not say that.

470. At least you can think of no rational cause for a man who is bound into Father Point changing his course Nor' Nor'-West and swinging seven points in a fog?
- I can give an opinion of why he did it.

 

By Lord Mersey:

 

471. I should like to hear it?
- My own opinion is that as this man was approaching Father Point he was perhaps on the other side of the fog bank -

472. What do you mean by the other side of the fog bank?
- On the other side from me and towards the shore.

 

By Sir Adolphe Routhier:

 

473. To the North or to the South?
- To the South - and that he sighted, off his port bow, Cock Point gas buoy, which is an occulting light, and he immediately put his helm hard-a-port knowing that it marked a shoal.

By Lord Mersey:

474. You think he tried to avoid running on a shoal?
- That is my opinion, by porting his helm.

 

By Chief Justice McLeod:

 

475. Was he at that time near the shoal?
- He would have been 2½miles onto my position - somewhere about that.

 

By Mr. Haight:

 

476. I see by the chart, Captain, that Cock Point light, which, as I understand, is a gas buoy, is in deep water beyond the shoal and that boats go close to it?
- Not inside of it.

477. Do you think the Storstad may have been so close in shore that he got Cock Point light on his starboard bow?
- No, on his port bow.

478. If he had it on his port bow he would be safe?
- He would but he might have been in close and the fog lifting and, he seeing this light, ported his helm.

479. Is it not a fact that the fog you saw was down river?
- Between myself and the Storstad.

480. When you left Father Point was it clear below?
- Yes.

481. So that at the time the master of the Storstad could see the shore, Cock Point and Father Point?
- Yes.

482. It would be pretty hard to be taken unawares at Cock Point light?
- I am not supposed to know his actions when he was in the fog.

483. You cannot think of any other reason why he should have changed his course seven points?
- I know of no reason except that.

484. Now, assuming, Captain, that the Storstad was maintaining her course, and you, as you went out into the river, starboarded your helm, the changes in bearings which you have testified to would have been exactly the same, would they not?
- When the light was hid from view how was I to know his change in bearing?

485. You heard his whistle at first two points, and then four points, and then six points, on the starboard bow you said?
- Yes.

486. Now that result would have been exactly the same would it not if he had held his course, and you had changed your course on the starboard wheel?
- When the fog came on I considered it my duty -

Lord Mersey:
No, no - please answer the question. Put it to him again, Mr. Haight.

 

By Mr. Haight:

 

487. When you heard the whistle of the Storstad at first two points, and then four, and then six points on the starboard bow, that result would have been accomplished, would it not, if the Storstad had been bearing West by South, holding her course and you sheering on your starboard wheel?
- Yes.

488. How long do you think it was between the time that the fog first shut out the Storstad and the moment of the actual collision?
- About ten minutes.

489. Is it customary for the master to remain on the bridge after the steamer has dropped her pilot at Father Point when the chief officer is on watch and apparently everything is clear ahead?
- It is customary in the Canadian Pacific Railway steamships.

490. Ordinarily leaving Father Point at that hour in the morning how long do you stay on the bridge?
- I was intending to remain on until daylight, when I would be relieved by the chief officer.

491. But that was the chief officer's watch?
- No, the first officer.

492. Tell me, please, exactly how many officers you had on board?
- Six.

493. What are their degrees?
- Chief, first, second, extra second, third and fourth.

494. Then the first officer is the second mate as generally spoken of?
- He is.

495. On the ordinary vessel he would be called the second mate?
- He would.

496. He, I understand, survived?
- He did.

497. Do you usually keep the bridge when he is on his watch?
- In the vicinity of the land.

498. When you first saw the Storstad through the fog, about 100 feet away, coming out of the fog, you considered the collision inevitable?
- I did.

499. You did not then close or order closed your watertight bulkhead doors?
- Not the first order.

Lord Mersey:
Now, Mr. Haight, have you left the manoeuvres of these two ships?

Mr. Haight:
I think, Sir, that -

Lord Mersey:
Because if you have there is something that I want to have cleared up.

Mr. Haight:
I think, Sir, that practically covers it.

Lord Mersey:
Now, let me understand - Captain Kendall's suggestion is that the Storstad ported her helm and so brought the stem of the Storstad into collision with the starboard side of the Empress. Your suggestion, as I understand it, is that the helm of the Storstad never was ported.

Mr. Haight:
No, my Lord, our course never changed to starboard.

Lord Mersey:
That was as I understood you, you say you persevere in your course?

Mr. Haight:
Absolutely, my Lord.

Lord Mersey:
And you are suggesting by your questions that it was the Empress that changed her course and starboarded her helm and went over to port. Now, I asked this gentleman for an explanation, if he could give me one, of the course which he says the Storstad followed in porting her helm, and he gave me an explanation, whatever it may be worth, that the Storstad had probably seen an occulting light that marks a shoal, and her officer in charge on the bridge had probably ported her helm in order to avoid this shoal; now will you please tell me and my assistants for what purpose you suggest the Empress changed her course? He has told me what he thinks is the explanation of the Storstad doing what you say she never did - now I want your explanation of the reason why the Empress did what Captain Kendall says she never did?

Mr. Haight:
I can only answer that question, my Lord, by surmising somewhat. I know that on our boat, if all my witnesses are not falsifying in their statements to me, we saw first her green light and then her red light.

Lord Mersey:
But you are not answering my question.

Mr. Haight:
I am going to, my Lord. My only hypothesis is that as the wheel of the Empress was ordered ported, as Captain Kendall states, from a course of N. 47 E. to N. 72, that would, on our course and in our position, show us his red light. I think at this stage of the testimony there is no foundation for it, but it is my idea that one man, perhaps the second mate, ordered his wheel ported, and that another man subsequently ordered the wheel starboarded.

Lord Mersey:
Why?

Mr. Haight:
It is exceedingly difficult to say why, unless the position was supposed to be safe, and the fog had shut us out, and the course was going to take them a little out of their ordinary way, and the big steamship said: we have speed enough and room enough, and we can cross his bow. It is very hard to explain rationally, I admit, that is, if one man knows all the conditions.

500. How far do you think the vessels separated, Captain Kendall, after the collision, when the Storstad backed away?
- When I saw the Storstad after the ship had foundered I should say the Storstad would be about a mile away.

501. And you think your vessel went down very close to where she was hit?
- I certainly do.

502. So that your conclusion was that the Storstad had not only backed out of the wound without any reason for it, but had continued backing until she was a mile away from you?
- Yes.

503. As I understand you, as the vessels separated the Storstad had swung around on to your starboard quarter, and the boats were heading more or less in the same direction?
- Yes.

504. That precise phenomenon would have resulted if the Storstad had been going slowly and the Empress had been going ten or twelve knots ahead, would it not?
- No.

505. Why not?
- Not so rapidly.

506. Do you think the Storstad could swing you around bodily with her engines going full speed astern faster than you could swing her around if your engines were going half speed or full speed ahead?
- I think it was the first blow that made the ship move from the course she was on to the course she was on when she foundered.

507. Would not the first blow result in a cut into your side? - your plating is about half an inch, I suppose?
- Seven-eighths of an inch.

508. Well, surely a boat with 11,000 tons of coal and her own weight, when she hits seven-eights inch plating would cut a hole in it?
- Yes, but the mass has to move as well.

509. Is it not true that the stem of the Storstad cut into your engine room?
- That I couldn't say.

510. Has no one told you where the stem cut to?
- No, I don't know where it cut to, the exact position.

511. You yourself stated that our stem hit the bulkhead, did you not?
- Yes.

512. That is the bulkhead in the engine room?
- No.

513. After the engine room?
- No.

514. Forward of the engine room?
- Yes, between the stoke-hold and the engine room, not in the engine room.

515. Your blue prints will show precisely where it is?
- They will.

516. What made you think that she struck there?
- The way the ship listed over and foundered so rapidly.

517. You have not asked anyone from below at what point the stem came in?
- No.

 

By Lord Mersey:

 

518. In your opinion how many water-tight compartments were open to the sea?
- That would be a difficult question to answer, my Lord.

519. Certainly more than two?
- Oh, yes, certainly more than two.

520. Well, how many do you suppose?
- Well, I should say the whole stoke-hold right in the body of the ship was exposed to the sea.

521. I want to know how many water-tight compartments were open to the sea?
- It would be about three.

522. About three compartments open?
- I think about three, my Lord.

523. With two open to the sea she would float?
- She would.

 

By Chief Justice McLeod:

 

524. Which compartments would they be that were open?
- The stoke-hold and boiler rooms. I should say about three compartments. When the Storstad struck the Empress a sheet of fire shot out from the side of the ship.

525. What is that?
- I say when the stem of the Storstad struck the Empress a sheet of fire shot out in all directions from the Empress.

 

By Mr. Newcombe:

 

526. What was the cause of that?
- That I couldn't say.

 

By Lord Mersey:

 

527. What do you think that was from?
- I think she struck one of the boilers.

 

By Mr. Haight:

 

528. I asked you, Captain Kendall, and I do not think you answered the question directly, would it not be true that if the Empress of Ireland, making ten or twelve knots, and the Storstad moving more or less slowly, if the Empress had been speeding across the bow of the Storstad after the bow penetrated your side, it would have swung the bow of the Storstad around to starboard and would have caused the vessels to separate as you say they separated?
- If my ship had been going ahead that is what would have happened.

 

By Lord Mersey:

 

529. How long had you been lying motionless?
- From about five to seven minutes, my Lord.

 

By Sir Adolphe Routhier:

 

530. Was it foggy then?
- It was foggy.

531. Had the Storstad whistled?
- She answered with a prolonged whistle.

532. And then, according to what you told us, you could locate the Storstad?
- Approximately, from where the sound came from.

533. I asked you if you were sure of it, and you said you were sure?
- Well, approximately.

534. Approximately only?
- Yes.

 

By Chief Justice McLeod:

 

535. Do I understand you were lying absolutely motionless from five to seven minutes?
- Yes, my Lord.

 

By Mr. Haight:

 

536. As I understand you, Captain Kendall, when you saw the Storstad 100 feet off coming out of the fog, you ordered your engines full speed ahead - do you think there was time for your boat to start ahead at all?
- No.

537. She was still dead in the water?
- She was still dead in the water, yes.

538. Now will you try to give, in chronological order with the time elapsed, the series of your whistles and the answers? I would like to know just how far you were from Father Point and on what course when you blew your first one long blast?
- I did not blow one long blast.

539. When the fog first came on, did you never blow a running whistle?
- 1 stopped my ship before the fog came between the two ships.

540. So you never blew a signal of one whistle, the ordinary fog blast?
- No.

541. How far do you think you were from Father Point when you blew your first whistle, which I understand now was three blasts?
- About six and a half miles.

542. And how were you then heading?
- North 76 E. compass, North 73 magnetic.

543. And how far off was the Storstad at that time, Captain Kendall?
- About two miles.

544. And how did she bear?
- North 87 East by compass, North 84 by magnetic.

545. And how long was it before you blew the next signal of three whistles?
- I should say probably about as much as a minute.

546. And how far do you think you had gone in that minute?
- Apparently a ship's length.

547. Could you then see the Storstad?
- No.

548. Where were you when you blew your next whistle?
- Almost on the point of being stopped.

549. But where were you with reference to the point when you blew your second signal of three whistles - how far had you gone ahead in the meanwhile?
- About another ship's length.

550. And how long elapsed between the second and third signal?
- A little over a minute perhaps.

551. When did you stop your engines from their reversed motion?
- When I saw the ship was stopped.

552. But with reference to your whistles - was it at the time you blew the second or third?
- After I blew the second three blasts.

553. Now to each of these signals did you get an answer?
- A prolonged blast.

554. Sounding continuously on your starboard side?
- Yes, a prolonged blast on the starboard side.

555. Now, after your third signal of three whistles, your next was what?
- After the second signal of three whistles.

556. No, after the third, your next signal was what?
- I only blew two signals of three whistles each.

557. I understood you differently - at any rate you blew first a signal of three whistles?
- Yes.

558. And then a signal of three more?
- Yes, when the ship was stopped just before the way was off.

559. Then the next was what?
- When I found the way was off the ship, I blew two prolonged blasts.

560. And how much time elapsed between the second signal of three whistles, and the first signal of two whistles?
- A couple of minutes.

561. And then how much did you change your position?
- The ship was stopped.

562. Then you blew the signal of two whistles, which was the third whistle in the same spot where you blew the second and third?
- Not in the same spot, but almost.

563. And what was the next?
- Two prolonged blasts.

564. And how long after the third signal was the fourth signal given?
- About a minute.

565. And what was your position with reference to your position at the time the third signal was given?
- We were still in the same position.

566. And what was your next signal?
- I didn't blow any more.

567. So you blew three blasts twice and two blasts twice, is that right?
- Yes.

568. And how long elapsed all told between the first three and the second two?
- About four or five minutes.

569. And how far do you think your vessel ran?
- About two ship's lengths.

570. That is from the first signal of three whistles to the second signal of two whistles?
- Yes.

571. That is during the five minutes you were blowing the four signals you think you only ran . . .
- Two lengths.

572. Only two lengths?
- Yes.

573. And during that entire time you think you maintained your heading?
- I did.

574. Did you watch the compass from time to time to make sure of that?
- Before I blew the last two prolonged blasts I went up on to the standard compass and looked at the direction of the ship's head.

575. That was the fourth signal?
- Yes, before the fourth signal.

576. And how was she still heading?
- North 75 East by compass.

577. How long all told do you think your vessel was actually dead in the water?
- About seven minutes.

578. And during that seven minutes would the current have any effect upon your boat at all?
- Very little.

579. Well you think actually in this case it had absolutely none at all?
- No. It runs about one and a half to two and a half knots per hour.

580. But upon your heading, your observation on the standard compass was that the current had not changed your heading at all?
- No, not at all.

581. Now will you please state in precise order the exact orders that you gave after you saw the Storstad coming out of the fog about one hundred feet away?
- I shouted through my megaphone to the Storstad to go full speed astern.

582. And heard no answer?
- No, I shouted several times quickly.

583. And what was the next order that you gave?
- I sent my first officer away at once to get the life-boats ready; I rang my engines full speed ahead, threw my helm hard-a-port, and by the time the engineer had answered me from the engine room from his telegraph the Storstad had struck the Empress. I then ran to the telegraph and started the engines and rang to close the water-tight doors and shouted to the Storstad to keep full speed ahead, to keep full speed ahead.

584. And then you ordered the boats . . . .
- It would be impossible for me now to tell you the orders I gave.

 

By Lord Mersey:

 

585. You say the Storstad was about 100 feet away from you when you saw her?
- Approximately, my Lord.

586. At what speed was she going then - you said you thought about 10 knots, did you not?
- I should say about 10 knots by the foam at her bow.

587. And how long would it take her to reach you?
- It would be a matter of seconds, my Lord.

588. Well can you give us an idea how long it would take her?

Mr. Haight:
If your Lordship will allow me, ten knots an hour is 1,000 feet a minute, and Captain Kendall said she was about 100 feet off, so that would be about six seconds.

 

By Lord Mersey:

 

589. Now will you tell me again, captain, what the orders were that you gave during those six seconds?
- I shouted to the Storstad to go full speed astern and I shouted to the first officer to get the boats out, and I threw the engine full speed ahead.

590. But you gave other orders before you came to that?
- I shouted to the Storstad to go full speed astern.

591. Well now, tell us again what you have just told Mr. Haight, the orders you gave in those six seconds after you saw the Storstad coming out of the fog?
- I just threw the engines full speed ahead and shouted helm hard-a-port, sent the officer who was standing by me and said, get all boats out at once, when I was struck, my ship was struck almost at the time that my telegraph rang to the engine-room.

592. You gave a great many orders in six seconds?
- Yes, my Lord, I did. When I say 100 feet, of course, that is approximate.

 

By Mr. Haight:

 

592½. How far do you usually go from Métis Point?
- About four and a half miles.

593. Leaving Father Point, do you usually take a course out into the river and then straighten down and leave Métis Point on your starboard about four and a half miles away?
- Four to five miles away.

594. In your direct examination you spoke of a conversation with the master of the Storstad. As I understand you, you went into the chart-room or on the bridge and said to the captain of the Storstad, 'You sank my ship, you were going full speed ahead,' and he said, 'I was not going full speed ahead, you were.' Is that correct, Captain Kendall?
- Yes.

595. Did you at that time drop down on to a bench in the chart-room and drop your face in your hands and say: 'I wish to God I had gone faster'?
- A. No.

596. Was there any conversation at all of that character?
- On the bridge before, when I saw him on the bridge, he said: 'You were going full speed,' and I said: 'I wish I was; if I had been you would never have hit me.' That was my remark.

597. Did you at that time accuse the captain of the Storstad of having changed his course and deliberately run you down?
- No.

598. Did you complain at that time that he had quite unnecessarily backed off, and backed off half a mile and left you there to sink?
- No.

599. None of those things were discussed?
- No.

600. Do you remember passing another steamer, Captain Kendall, an hour or two before?
- No.

601. Well, about ten o'clock, don't you remember?
- I don't remember.

602. Were you on the bridge?
- Yes.

603. How does the Empress of Ireland steer under normal conditions, easily or otherwise?
- Very easy.

604. So that any change of course you do make is the result of deliberate intention by actual change of wheel?
- Yes.

605. Has there recently been any change in the rudder of the Empress?
- No.

606. Was she at the time of the accident carrying the same rudder that was originally installed when she was built?
- That I could not say.

607. How old is she?
- Eight years.

608. Did you never hear, Captain Kendall, that the rudder of the Empress actually was changed in an effort to cure bad steering qualities?
- No. It may have been, but I do not know.

Lord Mersey:
The question is if you heard that?
- No, my Lord, I never heard it.

 

By Mr. Haight:

 

609. Her stern is of quite a different construction from that of the ordinary passenger steamer?
- Yes.

610. What is the difference?
- There is a balanced rudder.

611. The stern also, is that which is usually on battleships and cruisers, is it not?
- No.

612. Has she the normal overhang?
- Yes.

613. Shaped like the ordinary passenger boats?
- Yes.

614. What has become of the log-book that was found?

Lord Mersey:
I thought the witness told us just now that the log-book had gone down with the ship.

Mr. Haight:
No, your Lordship, I understood him to say on direct examination that one had been found.

Lord Mersey:
His own scrap-log?
- That is the log.

Mr. Haight:
That I suppose will be subject to examination?

Mr. Aspinall:
I understand that that was found by some one other than anybody on our ship, and it has been in possession of the Government ever since, and we have not seen it. Mr. Newcombe showed it to me just before lunch. But it ends at midnight, I think.

Lord Mersey:
Will you let me see it or do you object? Do you object to my looking at this book, Mr. Haight?

Mr. Haight:
Indeed I do not my Lord. I would like the same privilege.

 

By Lord Mersey:

 

615. Am I right in saying that this book was entered up only to midnight, Captain Kendall?
- Quite right, my Lord.

Lord Mersey:
Have you seen this book, Mr. Haight?

Mr. Haight:
I have not, my Lord.

Lord Mersey:
Then you ought to look at it.

Mr. Haight:
I would like to ask your Lordship also if we could not have the right to inspect, if my learned friends have no objection, the logs of the Empress on the two or three preceding voyages.

Lord Mersey:
I would like you to tell me what the point is on which you would like to examine them.

Mr. Haight:
Simply to show the normal course of the Empress leaving Father Point on her way to sea, if any inference can be drawn from what has been done in the past.

Lord Mersey:
I think that might be valuable.

Mr. Aspinall:
My Lord, I understand these logs are in Liverpool, but we will take immediate steps to have them sent out - whether they arrive in time or not I cannot say.

Lord Mersey:
You must consider, Mr. Haight, whether it is worth while to consider looking at those logs, considering that they are in Liverpool.

Mr. Aspinall:
If Mr. Haight on consideration still thinks it is well that he should have them, we shall give effect to his request.

Mr. Haight:
I do not think we need to prolong the hearing on account of them. If my learned friend will send a cable to mail them, and then if they do not turn up in time we will not wait for them.

Lord Mersey:
Things might arrive from Liverpool and be found to be of as little value as that log that I have just looked at. How, I would like to know if any of the other Counsel have any questions which they wish to put to Captain Kendall. First I would ask Mr. Gibsone.

Mr. Geoffrion:
My Lord, I have no questions to put to the witness now, but I would ask that my right to put questions should be reserved to the last, as I appear for the officer. I mean I represent the witness who is in the box, and all I want would be the right to re-examine him.

Lord Mersey:
I am afraid there is a mistake in identity. I meant to ask Mr. Gibsone if he desired to ask any questions.

Mr. Gibsone:
Perhaps I should say, my Lord, what we have to respectfully submit to the court, as a matter that we consider of interest to the present inquiry. My instructions are to deal with the points as to whether there were enough mariners, able-bodied seamen, on board the Empress on this voyage. The instructions I have are that this steamer had in her crew only 18 able-bodied seamen - she had a boatswain, a boatswain's mate, four quartermasters, a lamp-trimmer, a store-keeper, a carpenter, a carpenter's mate, and 18 able-bodied seamen, a total of twenty-eight men that may be classified as mariners, and we respectfully suggest, my Lord, that the number is insufficient considering the size of the steamer and considering the fact that there were thirty-two boats.

Lord Mersey:
Does the Union you represent consider it insufficient?

Mr. Gibsone:
That is it, my Lord. Your Lordship's ruling was that I should not be allowed to ask any questions, but might suggest questions to the court.

Lord Mersey:
But I want to know the materiality of the question in this inquiry. I can quite understand that the Union may feel aggrieved that not more men are employed, but how does it affect the navigation? Do you suggest that the navigation we are inquiring into was affected by the number of able seamen on board?

Mr. Gibsone:
I suggest, my Lord, that there were not enough able-bodied seamen to man the boats, to put the boats into the water. There were sixteen boats on the davits and there were only at the outside twenty-eight men who could be classed as able seamen.

Lord Mersey:
On that point, Mr. Gibsone, you may ask as many questions as you think are right. You may ask questions to the Captain directly.

Mr. Gibsone:
Also in answer to your Lordship's question I might say that I think in the questions submitted by the Deputy Minister of Marine and Fisheries to the Minister, if I recollect correctly - I only heard it read out once - but I think the second question deals with the point I am drawing the attention of the court to now.

Lord Mersey:
Read the question, Mr. Gibsone.

Mr. Gibsone:
I haven't a copy of these questions. However, one has just been handed to me, and I refer to question 1, Section a. - What was the total number of persons employed in any capacity on board her, and what were their respective ratings? And it is questions referring to this that I suggest should be asked of the master of the ship, with the purpose that I have just stated a moment ago.

Lord Mersey:
I have taken down so far only the statement that the crew consisted of 420 men. I suppose that includes the stewards, and stewardesses, does it not?

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
Now what is it you wish to ask - how many of these were able-bodied seamen or what?

Mr. Gibsone:
Yes, my Lord, to classify the crew.

 

By Lord Mersey:

 

616. Can you tell us this, Captain Kendall, do you know how many of this crew were able-bodied seamen?
- The numbers I could not say - the number on the deck.

617. Oh, I am not talking about the deck?
- The deck department I mean, my Lord. I can get the figures right here.

618. And now will you tell the court this, as far as your observation went, were the boats got out as quickly as it was practicable to get them out?
- They were, my Lord.

619. That is there were enough men or hands, there was no lack of hands for that?
- No, my Lord, I have here in my hands now the original crew list leaving Liverpool.

 

By Mr. Gibsone:

 

620. Will you please tell us, Captain Kendall, what your crew consisted of - I think you said the total crew consisted of some 379 - I think those are the figures I noted down?
- 420.

621. What did they consist of so far as rating was concerned?

Lord Mersey:
You will find that in the paper, Mr. Gibsone.

Mr. Gibsone:
May I have time to count them out, my Lord?

Lord Mersey:
Now, is there any one else who wishes to cross-examine Captain Kendall?

Mr. Newcombe:
My Lord, I propose, with your Lordship's permission, to put a few questions to Captain Kendall.

Lord Mersey:
Very well, Mr. Newcombe.

 

By Mr. Newcombe:

 

622. Captain Kendall, you know this book of regulations for the navigation and discipline of the steamships of the Canadian Pacific Railway Company that has been referred to?
- Yes.

623. That is the book furnished you by the management for your guidance as commander of the ship?
- It is.

Q. Now, there are a few of those rules that I want to read and ask you about. First, rule 193 - before the ship proceeds to sea at the commencement of any voyage, the Commander, assisted by the Chief Officer, Chief Engineer, Purser, and Chief Steward, will prepare a Fire and Boat Station Bill, appointing every man to his proper post, and the utmost care must be taken that every man on board knows his station and duty. Copies of the "Bil " will be posted in a conspicuous place in the forecastle, engine rooms and steward's and foremens' quarters. This is one of the rules that is found on page 55 of that little book.

Lord Mersey:
Those are the rules of the Canadian Pacific Railway Company, I understand, Mr. Newcombe?

Mr. Newcombe:
Yes, my Lord. Then the rule proceeds to this effect: Boat hands who are efficient will receive a Board of Trade certificate to that effect. They must know their duties thoroughly. Every boat carrying less than sixty-one souls must have three efficient hands, from sixty-one to eighty-five souls, four, and from eighty-five to one hundred and ten, five efficient hands.

624. What do you say, Captain Kendall, about the execution of that rule at Quebec upon the occasion of this voyage?
- That was carried out to the letter.

625. Carried out to the letter?
- Yes.

626. And according to your statement you were well provided with efficient hands for the management of these boats?
- We were.

627. Now, here is another rule, Number 67: The cargo side ports will be opened whenever possible for purposes of ventilation, gratings being invariably shipped. These ports will be in the charge of the carpenter, and must only be opened by the instructions of the Commander or Chief Officer. The most careful attention must be given to the coaling ports below the upper deck. They will be in charge of the carpenter, acting under the instructions of the Chief Officer. Closing of ports before sailing must be entered in log. Were these ports closed before you left Quebec, Captain Kendall?
- They were.

628. When you speak of ports under that rule you refer to the large openings?
- The square ports, not ports in the rooms.

629. Not the lights, of course?
- Oh, no.

630. And you know those were closed on leaving Quebec on the last voyage?
- They were.

631. Did you observe whether there was an entry made in the log of the closing of these ports?
- No, the Chief Engineer reports it to me.

632. It was reported to you?
- Yes.

633. Now, Rule 23 : The Commander, accompanied by the Doctor, Purser, and Chief Steward (and in the engine rooms by the Chief Engineer), will, unless weather conditions render it impracticable or unless the ship is in narrow waters, when the Chief Officer will act as Deputy, hold a complete inspection of all parts of the ship each day at ten-thirty a.m. During this inspection, all members of the crew detailed for water-tight doors will be at stations, and all doors will be opened and closed. Notices must be posted in the passengers' quarters to this effect, with a request that complaints be made to the Commander. The Chief Steward will daily visit every stateroom whether occupied or not.

Now, when was such an inspection as that made previous to the accident?
- At a quarter to eleven o'clock the same morning.

634. While at Quebec?
- Yes, the morning of leaving.

635. At Quebec before you sailed?
- Yes.

636. And the members of the crew detailed for water-tight doors were at their stations?
- Yes.

Lord Mersey:
What is the point we are on at present, Mr. Newcombe?

Mr. Newcombe:
One of our inquiries relates to the question as to whether these various precautions providing for safety upon such occasions as this were complied with.

Lord Mersey:
Well, have you any information which leads you to believe that they were not?

Mr. Newcombe:
We have no information upon that subject.

Chief Justice McLeod:
These rules were prepared by the Company for the management of the ship. Would it not be sufficient to ask Captain Kendall if the regulations prepared by the Canadian Pacific Railway Company for the management of the ship were all properly carried out?

Lord Mersey:
That seems to me to be sufficient.

Mr. Newcombe:
Well, Captain, you have heard the question suggested by Chief Justice McLeod.

Chief Justice McLeod:
I suggested that you should ask it, Mr. Newcombe.

Mr. Newcombe:
It is suggested by the Court that I should ask you whether you are prepared to say -

Chief Justice McLeod:
Well, first of all I think he should be asked if he knows the regulations.

Mr. Newcombe:
You have read this book of instructions, Captain Kendall?

Captain Kendall:
I have.

637. And you are quite familiar with the instructions contained in this book?
- Yes.

638. Now are you prepared to say that every one of these regulations was carried out and observed in respect to this voyage?
- Those that were practicable.

639. What do you mean by a double watch going down the St. Lawrence - there is a rule about having a double watch?
- Two officers on at a time.

640. On the bridge?
- Yes, and a double look-out.

641. That is one man on -
- One in the crow's nest and one in the stand at the forecastle head.

642. And you had such a watch as that?
- I had.

643. Well now, Rule 44 says: Water-tight doors are to be ready to be closed instantly, and every possible precaution taken for the safety of the ship. When to the eastward of Longitude 11 West or to the Westward of Longitude 51 West, and whenever in proximity to the land, frequent soundings must be taken.

Now, with regard to the provision that water-tight doors are to be ready to be closed instantly - you were familiar with that rule?
- Yes.

644. Then the first words of that rule are as follows: in fog or snow speed is always to be reduced, water-tight doors to be ready to be closed instantly, and every precaution taken for the safety of the ship?
- Yes.

645. Now did you consider that you were in fog at the time of the collision just before you met with this collision?
- I was not in fog before, but during the collision I was in fog.

646. Was there anything done with respect to preparing to close these doors?
- Not at that time.

 

By Lord Mersey:

 

647. And I suppose the doors were ready to be closed?
- Yes, my Lord, all ready. The crew simply waited for the signal.

 

By Mr. Newcombe:

 

648. Now, Rule 50: The Commander will see that at all times in foggy weather or in falling snow hands are stationed to close instantly all water-tight doors which are not already closed. All self-closing doors will be kept closed. If at any time fog or snow shut down in the Gulf of St. Lawrence or St. Lawrence river, the same special precaution must at once be taken, entry being made in the ship's log-book and in the engineer's log-book of the time of opening and closing. Were the self-closing doors kept closed on this occasion?
- We have no self-closing doors.

649. Well then, were hands stationed to close instantly all water-tight doors which were not already closed - can you say whether any doors were closed after the collision?
- I can't say.

 

By Lord Mersey:

 

650. I thought you told us just now that some doors had been closed before you gave the order?
- They were already doing it, my Lord.

651. Before you gave the order?
- Yes, I rang the telegraph, my Lord, and then to make sure that my signal was not misunderstood I also spoke to the engineer through the 'phone to the engine room.

652. And the answer was that they were already doing it?
- Yes, my Lord.

 

By Mr. Newcombe:

 

653. Now, Captain Kendall, as I understand your testimony, with regard to the collision, those two ships were never crossing ships with liability to collide until after the Storstad came six or seven points on your starboard side?
- Quite so.

654. What sort of a night was it - it was said to be clear, can you describe it - was there a moon, were there stars shining?
- A young moon, stars shining.

655. A clear night?
- A beautiful, clear night.

656. You could see the land?
- Yes.

657. And see the shore lights all about?
- Yes.

658. And you could see the lights on a ship approaching at what distance?
- I should say at about eight miles.

659. At about eight miles?
- Yes.

660. And you were on the bridge all the time?
- Yes.

661. You had picked up the lights of the Storstad in clear weather?
- Yes.

662. You knew that there was no other ship on the horizon?
- Yes.

663. When you first raised these lights am I right in saying that they were very fine on your bow?
- No, three or four points on my starboard bow.

664. When you first raised them they were three or four points on your starboard bow?
- Yes.

665. Well now, you were then on a course different from where you had put your pilot down?
- Yes.

666. To make some offing, to make your course down-stream I suppose?
- Yes.

667. And you did change your course after these lights came in view?
- Yes.

668. To the eastwards?
- Yes.

669. I think I am right in saying that, am I not?
- Yes.

670. At that time you had seen the masthead light?
- Yes.

671. Had you seen the coloured lights?
- Not until I altered my course.

672. Will you tell me again what the course was as altered?
- N. 76 E. by compass, N. 73 Magnetic.

673. Now would that be the course you would hold going down river?
- It would.

674. You were far enough away from land to take your regular course and were going down stream on that course?
- Yes, on a good safe course.

675. You were bearing then with Cock Point how? Abeam? Cock Point would be on your starboard beam about?
- Yes.

676. And at about what distance?
- Two and a half to three miles.

677. About two and a half to three miles when you took an easterly course?
- Yes.

678. In going up and down there - a vessel coming up the St. Lawrence as the Storstad was, does she come up in substantially the same course or locality that a vessel would go down?
- Not always.

679. I mean to say is there any rule of practice with regard to that?
- No.

680. If you meet a vessel coming up there and you are going down in your usual course, are you likely to raise her dead ahead of you or to starboard or port, or how? Or is there any rule about it?
- It all depends on the position of the other ship.

681. I know that, but I mean the usual course - is there any usual course for vessels going up and going down?
- No, no usual course.

682. Of course they have to converge at Father Point anyway for pilotage purposes, I understand?
- Yes.

683. But apart from that, you have your offing and you had your offing at a distance of about three miles from the South shore as I understand it?
- Yes.

 

By Lord Mersey:

 

684. Did the Storstad have to pick up a pilot?
- Yes, my Lord.

Q. Where?
- At Father Point.

685. She had not picked the pilot up?
- No.

Mr. Newcombe:
He would take up the pilot where Captain Kendall had put his down.

 

By Lord Mersey:

 

686. That is correct is it, Captain Kendall, that the Storstad would take up a pilot at Father Point where you had put yours down?
- Yes, my Lord.

 

By Mr. Newcombe:

 

687. Now, everything was clear, you were approaching each other at the normal speed for both ships, you knew the Storstad was coming up, and you knew where you were going, and you knew the speed of your ship - now I would like to know about this - you say the fog came from the land?
- Yes, from the land.

Lord Mersey:
He has told us that a long time ago that he saw the fog coming from the land.

Mr. Newcombe:
Yes, my Lord, I do not want to ask a question which will duplicate any evidence, but I would like to know if possible what the size of that fog bank was, was it a drift of fog - could you see over it clear on the other side?
- No.

688. How high was it?
- That I couldn't say.

689. And might I ask this question, with the permission of the court - when you stopped, that is when you reversed your engines and finally stopped, was that because of the fog or was it because you knew that the Storstad was ahead of you?
- Because of the fog, and also of the Storstad.

690. Well, if there had been no light would you have stopped - you often run into fog on the Banks of course?

Lord Mersey:
As I understand, Captain Kendall, if you had kept on your course this calamity would not have happened, is that correct?
- Provided the other ship had kept on her course.

 

By Mr. Newcombe:

 

691. When you had the other ship six points on the starboard how, would there be an impropriety in going ahead on your course?
- I was carrying out the rules of the road, by waiting until he was finally passed and clear.

692. Did you stop dead in the water at any time?
- Yes, I did.

693. Did you go astern at all?
- I did.

694. I understand you reversed. What I mean is did your ship go backwards under her reverse helm at all?
- No, she didn't.

695. Do I understand you to be certain that the speed was taken off her?
- She became stationary.

 

By Lord Mersey:

 

696. You did not go back?
- No.

 

By Mr. Newcombe:

 

697. Then when you saw the Storstad 100 feet away the engines were put full ahead?
- Full ahead.

698. And held hard-a-port?
- Held hard-a-port.

699. How did you give that order?
- I rang the telephone myself and gave the order to the man who was steering.

700. You say that order was executed before the ships came into collision?
- By the officer who was watching the steering.

701. Had the Empress paid off at all under her port helm before the collision?
- That I cannot say.

702. Were the engines started ahead before the collision?
- They may have been; I would not say.

703. You gave the order?
- Yes.

704. You do not know?
- I stopped almost immediately.

705. Where were you on the ship when the collision happened?
- On the starboard side of the navigation bridge.

706. When did you give the order to stop; how was that order given?
- When the way was taken off the ship.

707. When you were full speed ahead, hard-a-port, then you stopped, didn't you, after that?
- I stopped almost in a matter of moments afterwards.

708. How did you give that order to stop?
- By the telegraph to the engine room.

709. Were the engines stopped?

Lord Mersey:
Tell me what the point is you want to make; I cannot follow you, you know, unless I know what you are driving at.

Mr. Newcombe:
What I am trying to find out is whether there was any way on this ship at the time of the accident.

Lord Mersey:
Whether or not it is true is another matter, but he has told us over and over again that there was not.

Mr. Newcombe:
If your Lordship'is satisfied I am.

 

By Mr. Newcombe:

 

710. Have you stated - if you have, I do not want you to duplicate it - how long the vessel remained afloat after the collision?
- About ten to fifteen minutes.

711. Not exceeding 15 minutes, you would suppose?
- No.

Lord Mersey:
Seventeen minutes might be very accurate; it doesn't in the least matter whether it was 15 or 17.

 

By Mr. Newcombe:

 

712. Can you tell me whether any were killed or injured in the collision?
- Some were injured; I could not say about being killed.

713. Have you given your opinion as to the reason why the ship sank so quickly?
- No.

714. Have you any opinion about that?
- I have given no opinion.

715. Have you any opinion that is of any value to the court?
- In the collision the starboard boiler was misplaced off the cradles.

716. On account of what?
- The terrible impact.

 

By Lord Mersey:

 

717. Ho you mean to say the starboard boiler was torn away from its bed by the list of the ship?
- Not by the list; by the terrible impact of the collision.

 

By Mr. Newcombe:

 

718. What was the effect of that?
- The effect would be to fall to the low side of the ship.

719. The effect would be that the boiler would roll over to the starboard side of the ship?
- Yes.

720. And that would upset the ship?
- And hold the ship in that position.

721. Any injury caused by the boats falling off on the port side?
- That I could not say.

722. Did you see the boats of the Storstad picking up the survivors?
- I did.

Lord Mersey:
He told us that before.

 

By Mr. Newcombe:

 

723. Were all the life-saving appliances which you had on board at Liverpool when you passed inspection there on board and in good order when you left Quebec?
- They were.

 

By Mr. Haight:

 

724. Will you please give, Captain Kendall, the exact time that you dropped your pilot at Father Point?
- 1.20 a.m.

725. That is, Montreal standard time?
- Montreal time.

726. You spoke of having run into fog twice before you reached Father Point?
- Yes.

727. And that you stopped your engines on both occasions?
- I slowed down.

728. About how long were you running slow the first time you struck the fog?
- I could not tell you the exact time; I do not think more than about 10 minutes on each occasion.

720. On each occasion?
- Yes.

730. I see no entry in the log which refers at all to the fog at Bic. Is it not usual to log fog when you slow your engines?
- It is.

731. When you slowed on these occasions for about 10 minutes each time, to what speed did you reduce?
- About 8 knots to slow.

 

By Mr. Gibsone:

 

732. This exhibit which is headed 'Return List of Crew on Articles'; would you look at it, Captain Kendall, and see how many able-bodied seamen appear upon it?

Lord Mersey:
Have you looked at it yourself?

Mr. Gibsone:
Yes, my Lord.

Lord Mersey:
You know how many there are?

Mr. Gibsone:
There are apparently 19, my Lord.

Lord Mersey:
Very well then, let it be 19.

Mr. Gibsone:
Out of the total crew, which appears to be 413 by this list, there are marked as being of the deck department 59, including officers; the engine room department, 132, and the victualling department 222. You state that these figures are right?

The Witness:
That is about correct.

 

By Mr. Gibsone:

 

733. Immediately preceding the accident how many of the deck department were on duty?
- Half that number.

734. Half that number?
- Of the deck department.

735. That would be 29, would it?
- It would be half that number.

736. There are 59 altogether. Are you in a position to say that immediately preceding the accident there were -

Lord Mersey:
Do you know that part of it?

Mr. Gibsone:
My instructions are that there were eight men on duty on deck.

 

By Lord Mersey:

 

737. Is it true or is it not true that there were only eight men on duty on deck?
- It is not true, My Lord.

 

By Mr. Gibsone:

 

738. Is it true or is it not true that there were only eight men and two boys on deck, in addition to two quarter-masters who were on the bridge, one man who was on the lookout in the crow's nest and one man who was on the lookout at the forecastle head?
- And the boatswain; that is about correct. I was going to explain that he is including carpenter and carpenter's mate who are not put on watch; they work all day, and the lamp trimmer, the masters at arms and inspector. All these come under deck department; therefore we do not place these men on watch.

739. So it is correct to say that there were on deck on duty immediately preceding the accident, about 12 men, including the two quarter masters on the bridge, and the two men on the lookout?
- And the boys.

740. The two boys. When boat drill is given, are the collapsible boats put in shape to float, or are they left collapsed on the deck?
- Any boat which the surveyor likes to call for is put into shape and put over the side.

741. I understood you to say that you always put through boat drill before the vessel left port?
- Yes.

742. When the vessel left port on the 28th of May was deck drill performed?
- On the previous Saturday, the day after her arrival at Quebec.

743. Were any of the collapsible boats put in shape?
- Two.

744. Were they done by the A.B.'s or were they done by themselves?
- By the crew of the boats, of each boat.

745. Are you in a position to say whether the firemen and stewards are trained in the handling of collapsible boats?
- Yes.

746. You say that was done before the ship left Quebec on the 28th May?
- Yes.

747. I think you stated also that there were 16 boats on the davits?
- Sixteen.

748. And 16 collapsible boats besides those on the davits?
- Yes.

749. Underneath the davits?
- Yes.

750. These are all up on the boat deck?
- Yes.

751. Any boats on any other deck?
- Yes, on the after deck.

752. How many?
- About 11 boats.

753. Were these collapsible boats?
- Five were.

754. The others were not?
- Two were steel boats on the davits.

755. Did the deck crew respond readily and promptly to the call to the boats?
- They did.

756. Did they show any preference to themselves, to saving their own lives?
- That I could not say, but I don't believe it.

Mr. Newcombe:
I should like to ask one more question.

Lord Mersey:
I cannot have the same thing more than three or four times; I would like to hear Mr. Aspinall.

Mr. Newcombe:
I am very sorry, my Lord, but I want to ask one question with regard to the screws. He says that when he reverses the ship goes directly in the opposite direction; it does not swing at all. I propose to ask him whether both his screws were right hand or left hand, whether they revolved in opposite directions and which was his starboard and which his port screw.

Lord Mersey:
I do not understand that question.

Mr. Newcombe:
I mean whether he had a righthand starboard screw or a lefthand starboard screw.

Lord Mersey:
Can you answer these questions?

 

By Mr. Newcombe:

 

757. You have twin screws? Do they both revolve in the same direction?
- They both revolve out and when they reverse they revolve in, so that they revolve in and out, opposite directions going ahead and going astern.

 

By Mr. Aspinall:

 

758. Captain Kendall, Mr. Haight has asked me to ask you this question. He wants to know when you gave him the time of 1.20 in connection with dropping the pilot, was that the time when you had dropped the pilot and then proceeded on?
- When I rang full speed ahead.

759. Did you before your ship sailed from Quebec get a letter of that character? (Letter handed to witness.)

Lord Mersey:
This is a letter from the owners.

Mr. Aspinall:
It is a printed form of letter he gets each time he sails.

Lord Mersey:
You can put it in and that will settle the matter.

 

By Mr. Aspinall:

 

760. It has been suggested that some man on board your ship has orders to port and some other man has orders to starboard. Are you the class of officer who would allow that sort of thing to be done?
- No, Sir.

761. What would you have said to a man who did that?
- I do not say what I would have said, it is what I would have done.

Lord Mersey:
Now, Mr. Haight, if you are going to call your witness I should like you to put him at once into the witness box. We may require to recall you, Captain Kendall.

 

(The witness withdrew.)