British Wreck Commissioner's Inquiry
Day 4
[Counsel Present - Witnesses Called]
Mr. Harbinson:
May it please your Lordship, I desire this morning to renew the application I made to your Lordship yesterday morning on behalf of a section of the crew of the "Titanic," with this modification. My application today, my Lord, is to be appointed by you to represent the third class passengers, the whole class. We have been in consultation with some of the other gentlemen who have been in communication with the relatives of the deceased, and my solicitor represents the survivors of a great number of Irish passengers, and especially he has personal and direct authority to appear on behalf of two survivors, of two persons, whose evidence, according to the view that has been put before us, is of a very important character. It involves serious issues as between the crew of the "Titanic" and the survivors; and considering the importance of those on whose behalf I ask your Lordship to allow me to appear, considering the number of those whom my solicitors represent, and considering the importance of the class for whom I desire to appear, I ask your Lordship to nominate me on behalf of the third class passengers. Mr. Farrell, M.P., is the gentleman who raised this question in the House.
The Commissioner:
Is Mr. Farrell the gentleman who is instructing you?
Mr. Harbinson:
Yes, my Lord, and his brother is Mr. Farrell, the Member of Parliament who raised this question in the House of Commons. Mr. Farrell, the Member of Parliament, is here.
The Commissioner:
Is the Mr. Farrell who is instructing you a solicitor?
Mr. Harbinson:
Yes, my Lord.
The Commissioner:
Is he a brother of the Mr. Farrell who is in the House of Commons?
Mr. Harbinson:
That is so, my Lord.
The Commissioner:
Now, who are the two people that you want to have represented here?
Mr. Harbinson:
The name is Thomas McCormick, who alleges in his statement -
The Commissioner:
Never mind what he alleges. What is the other name?
Mr. Harbinson:
The other name is Bernard McCoy.
The Commissioner:
And where are they living?
Mr. Harbinson:
At the present moment in America.
The Commissioner:
Are they coming over here?
Mr. Harbinson:
Subject to what your Lordship may say, it was my wish, were I allowed to appear, to apply to your Lordship to have their evidence taken on commission.
The Commissioner:
I think I am very unlikely to do that. They are in America?
Mr. Harbinson:
That is so, my Lord.
The Commissioner:
When did you get instructions to represent them?
Mr. Harbinson:
I, my Lord, was instructed two days ago, but probably Mr. Farrell can tell you.
Mr. J. P. Farrell, M. P:
I was a colleague of your Lordship in the House of Commons.
The Commissioner:
I daresay. When did you get these instructions?
Mr. J. P. Farrell, M. P:
About three weeks ago from the relatives and the friends in my constituency.
The Commissioner:
I am asking about those two gentlemen in America. From whom did you receive instructions?
Mr. J. P. Farrell, M. P:
From their parents in County Longford, which I represent in the House of Commons.
The Commissioner:
Very well, that is all right. And you have their letters?
Mr. J. P. Farrell, M. P:
Yes.
The Commissioner:
Now what are the issues which have been mentioned as being issues between those two gentlemen and the crew?
Mr. J. P. Farrell, M. P:
They are of the very gravest kind. Thomas McCormack alleges that when swimming in the sea he endeavoured to board two boats and was struck on the head and the hands and shoved back into the sea, and endeavoured to be drowned. That is one charge.
The Commissioner:
That gentleman who did it may be guilty of manslaughter for aught I know.
Mr. J. P. Farrell, M. P:
McCormack was not drowned, my Lord.
The Commissioner:
Very well, then he may be guilty of an attempt to commit manslaughter, but I cannot try that.
Mr. J. P. Farrell, M. P:
Is it not a question for investigation by this Court?
The Commissioner:
I do not think so.
Mr. J. P. Farrell, M. P:
There is another charge we have about a man named McCoy.
The Commissioner:
That I do not think comes within my jurisdiction at all. If any crime has been committed by some individual in connection with this unfortunate matter that has to be tried by somebody else.
Mr. J. P. Farrell, M. P:
But, my Lord, we also appear for others. We have gone to a great deal of expense.
The Commissioner:
Now you know, Mr. Farrell, if you will confine yourself to what I think is possibly a legitimate position on your part, there will be no difficulty about it.
Mr. J. P. Farrell, M. P:
I will accept any suggestion with great pleasure.
The Commissioner:
You want to represent, as I understand, not the representatives of two but the representatives of a great number of the passengers on board this vessel.
Mr. J. P. Farrell, M. P:
Quite so, my Lord.
The Commissioner:
Third class passengers?
Mr. J. P. Farrell, M. P:
Quite so, my Lord.
The Commissioner:
I can quite conceive that there may be circumstances in connection with this catastrophe which affected third class passengers and perhaps did not affect the first class and the second class, and if you or your brother, the solicitor, will take up that position and bring before me any matters that particularly affect the third class passengers I shall be very glad to be assisted by the evidence that he is able to put before me.
Mr. J. P. Farrell, M. P:
I am obliged to your Lordship.
The Commissioner:
But do not turn me into a criminal judge to try charges of attempted manslaughter.
Mr. J. P. Farrell, M. P:
Very well, my Lord, I will request my brother to get in communication with the others.
The Commissioner:
Very well, let that be done as far as Mr. Farrell, your brother, is concerned.
Mr. J. P. Farrell, M. P:
Will your Lordship allow Mr. Harbinson to appear in the meantime, because Witnesses may be passing through the box -
The Commissioner:
Is not your brother here at present?
Mr. J. P. Farrell, M. P:
Not at present.
Mr. Champness:
I desire again to mention an application I made last week -
The Commissioner:
Will you allow me to finish one thing before I begin another. This gentleman, Mr. Harbinson, can represent what I call your clients, Mr. Farrell.
Mr. J. P. Farrell, M. P:
I thank your Lordship.
The Commissioner:
Until Mr. Farrell arrives, and then if Mr. Farrell chooses to take it out of the hands of this competent gentleman, he can do so.
Mr. Harbinson:
I have been instructed directly by Mr. Farrell to appear and also by another London solicitor -
The Commissioner:
Do not introduce somebody else.
Mr. J. P. Farrell, M. P:
In the meantime you will allow Mr. Harbinson to appear.
The Commissioner:
I will.
Mr. Harbinson:
May I appear on behalf of the third class passengers?
The Commissioner:
I hope you do; but I will tell you this: I am not going to allow you to appear on behalf of some of them and somebody else for another group and another person on behalf of another group. I must have only one representative of the third class passengers.
Mr. J. P. Farrell:
I am satisfied.
The Commissioner:
I quite understand you are satisfied.
Mr. Harbinson:
I am prepared, subject to other gentleman's approval, to do this. If he, as well as others, who are interested in the third class passengers, will call my attention to any evidence or give me any information at their disposal, to make the best use of it I can according to my judgment.
The Commissioner:
That seems very reasonable, but I cannot be any party to that arrangement.
Mr. Braddock:
There were 113 Irish passengers on the "Titanic"; of that numbers,
69 were drowned, and the solicitor who instructs me represents 21 of those passengers.
The Commissioner:
Very well, then, put your interests into Mr. Harbinson's hands, and let him look after them.
Mr. J. P. Farrell:
I am glad to see there is something in having been fellow Members of the House of Commons.
The Commissioner:
That is an insidious compliment.
Mr. Champness:
I was afraid there might have been some misunderstanding with regard to those my friend wants to represent. I am appearing on behalf of Irish, Scotch, and English passengers, third class passengers, although few in number, I understand now your Lordship has granted leave to Mr. Harbinson to represent all the third class passengers. Is that right?
The Commissioner:
Yes.
Mr. Champness:
That being so, I ask you to give me leave to represent the first class passengers' interests.
The Commissioner:
The Home Rule Bill is not law yet. I am going to allow them to be all represented together.
The Attorney-General:
With regard to the sittings, I have spoken to my friend, Sir Robert, about it, and I hope your Lordship will think it reasonable, that we should at the close of the proceedings on Friday, adjourn till Tuesday. There is a great deal of preparation to be made in connection with it, to put it in as short a fashion as possible before your Lordship. It really makes it shorter to give me a little time to consider. We are all anxious to go to the "Olympic" to see what your Lordship has already seen with the assessors. I am sure it is a considerable assistance in understanding the case, and we shall take advantage of that period to make that visit.
The Commissioner:
Very well. Then I shall rise on Friday and not sit again till Tuesday morning.
The Attorney-General:
If your Lordship pleases.
WITNESSES.
Frederick Barrett - Leading Fireman, SS "Titanic." - Recalled.
Testimony
- Biography
Reginald Robinson Lee - Lookout, SS "Titanic."
Testimony - Biography
(After a short adjournment.)
John Poindestre - Able Bodied Seaman, SS "Titanic."
Testimony - Biography
James Johnson - First Saloon Night Watchman, SS "Titanic."
Testimony - Biography
(Adjourned to tomorrow at 10:30 o'clock.)
