Wreck Commissioner's Inquiry




1st officer, Storstad




By Mr. Aspinall:


5177. Mr. Toftenes, did it commence to be slightly foggy at 1.30 a.m. on the night of the collision?
- Yes, I saw something like a slight fog-bank over the land.

Lord Mersey:
What is that, Mr. Aspinall?

Mr. Aspinall:
My Lord, I asked the witness whether I was right in suggesting that at 1.30 a.m. it commenced to be slightly foggy, and he answered: ‘Yes, I saw something like a slight fog-bank over the land.’

Lord Mersey:
Where is this, Mr. Aspinall?

Mr. Aspinall:
In the copy I have, my Lord, it is page 146 on the right hand side about the eighth line down from the top, where it reads: ‘Two o’clock saw Father Point - two-fifty the same was bearing, etc -’ and then comes the sentence beginning ‘At one-thirty.’

5178. You say you saw a slight fog-bank over the land?
- Yes, hazy-like.

5179. Did it keep over the land?
- It was over the land, yes.

5180. You are sure that was it?
- Yes.

5181. It didn’t come out to sea?
- No.

5182. What direction was the wind blowing?
- There was hardly any wind at all. I don’t remember the direction.

5183. There was hardly any wind at all, so you don’t remember the direction?
- No, sir.

5184. And did the fog go out over the river?
- It showed over the land. It didn’t come out over the river then.

5185. It didn’t come out over the river then?
- No, sir

5186. And were the lights at two-fifty entirely hidden?
- About that time.

5187. That is the right time, isn’t it - at 2.50, the lights were entirely hidden?
- The time that is in the log is the right time.

5188. Let me read what I find in the log - it reads thus: ‘At 1.30 it commenced to be hazy over the land, and fog came down over the river so that the lights at 2.50 were entirely hidden.’ Was this fog travelling out from the land over the river?
- It came out from the land, yes, the fog.

5189. Your speed was not reduced at all, was it?
- No, there was no need for it.

5190. Was your whistle blown?
- No.

5191. So that the lights at 2.50 were entirely hidden?
- Yes.

5192. Did the collision happen ten minutes later?
- About that.

5193. So that at ten minutes before this collision the fog was so thick that the lights were entirely hidden, is that right?
- That is right, what the log says.

5191. Is the log right?
- The log is right.

5195. Now you have told us the other day that the collision happened at three o’clock?
- Well about three o’clock.

5196. Well, if you like, about three o’clock - am I right in saying - I have before me the engineer’s log - I want you to follow me now, because I am now coming to the engineer’s log, and I will tell you what is in it so that you may appreciate my question. The engineer’s log tells us that full speed was kept until three o’clock, and full speed astern just before the collision happened was given at five minutes past three o’clock. Do you see?
- Yes.

5197. Now if the lights were entirely hidden at 2.50, you were travelling on at your full speed, were you not, for five minutes, although you could see that the lights were entirely shut out?
- But the time by the engine-room clock and the time by my log might not be entirely the same.

5198. No, but I am putting them the same?
- They are shown by two different clocks.

5199. That seems to you possibly to be an excuse, but it does not seem to me that it is a good one?
- I mean this, that the chart-room clock and the engine-room clock were not entirely the same time.

5200. You are quite right, did you know that?
- I don’t know what was the difference between them.

5201. But the difference is five minutes. And my point is this: I am not troubling for the moment about that time, but at two-fifty the lights were entirely hidden were they not?
- Yes.

5202. Ten minutes later, according to your time, the collision happened?
- Yes.

5203. So I have my ten minutes, you see, and then I look at the engineer’s log and I find that until three o’clock the engines were being worked at full speed, astern, and in thirty seconds the collision happened. There I have an interval of five minutes, you see. In other words, your engines were kept going at full speed, until within five minutes of the collision?
- No, I don’t think so.

5204. Well, there is a slow, yes don’t you think that is right?
- No, I do not.

5205. It would not have been right if you had seen the lights entirely hidden to go on at your full speed, would it?
- No, and I didn’t do it.

5206. Well, the rest is argument, and we can see later on. However, you say it would not be right, and you didn’t do it?
- No.

5207. Because to run into a fog at your full speed is quite wrong, isn’t it?
- It is.

5208. Very well then, I will read on what I find in your log. It says in this document ‘At 2.50 there was considerable fog’ and with that you agree, I understand; at 2.50 there was considerable fog?
- The fog would be about six or seven miles away from me then, because that is the distance off that the lights were hidden.

5209. And then it says ‘Three a.m., course steered west by south,’ and at three o’clock, ‘ collision with another steamer.’ And then, in another part of the log . . . . the log rather jumps about it says ‘2.30 a.m. saw steamer’s top lantern about two points on the port bow. Immediately after, her green side light.’ Did you see her green side light immediately after seeing her top lantern?
- Well to the best of my recollection it was some minutes afterwards.

5210. Is it usual to pick up a green light only about a minute after seeing a top lantern?
- It depends on the condition of the air, and the lights.

5211. Well, you have no complaint about the lights of the Empress, have you?
- No, I have not.

5212. With regard to the condition of the affairs, when you first saw the lights of the Empress was it a fine clear night?
- It was fine and clear where we were, where my ship was.

5213. And how far off did you see the masthead light of the Empress?
- I guess about six or seven miles off.

5214. Did you immediately after see her green light?
- I can’t say how long after it was, but some time afterwards, a little afterwards.

5215. I am reading your log, you know. And then you see you say that you saw her change her course and show her red side-light about one and a half points on the port bow, therefore red to red?

'Storstad’s course was held steady, unchanged. A few minutes later the other steamer’s lights were hidden in a fog-bank. Storstad was herself in clear weather and a long whistle signal was heard, which was answered by a similar one. At the same time the speed was slowed down to slow. Now the Storstad also came into the fog. Immediately afterwards the engines were stopped and the ship was so steering as to keep her on her course. At the same time, three short blasts were heard from the other boat on the port side which was answered by a long blast. About five minutes after the engines were stopped, the course being against the down-flowing current, her speed was so greatly reduced that it was feared she would swing to port. To prevent this, the port helm was ordered. However, it turned out that the vessel’s speed was so greatly reduced that its course was not altered.’

5216. There is nothing in this document to tell anybody reading it that the helm was hard-a-port I don’t find the word 'hard-a-port ’ in this document?
- No, because that is a thing I didn’t know about.

5217. So when you wrote up this document you had not even been told yourself that the helm had been put hard-a-port?
- I must not have been, because if I had been I would have written it.

5218. That does not necessarily follow, you know?
- If I was to write the truth I would.

5219. Is it a fact that when you wrote up this document you had never been told that your helm had been put hard-a-port?
- I can’t remember now, but I don’t think I have been told.

[TIP NOTE: At this point the question numbers from the original jump to 5270, instead of 5220.]

5270. I don’t find it here?
- Then I wasn’t told.

5271. When it did come to your knowledge were you surprised? Hard-a-port in a fog?
- By the way the ship kept, I don’t think I would be very much surprised.

5272. All you wanted to have done, you the navigating officer, was to have your helm put a-port? That is all you wanted?
- That was my orders.

5273. And if the order was carried out, that would satisfy you?
- So far it did satisfy me.

5274. You were satisfied?
- Yes.

5275. Can you conceive of any reason why this other gentleman put the helm hard-a-port?
- I think he said the reason himself. He didn’t tell me it.

5276. Well what was the reason he told us you said you thought he said the reason himself?
- I didn’t hear his exact answer to that.

5277. Well then, you proceed in your log and tell much the same story that you have told us here?

Lord Mersey:
I haven’t quite caught just when this log was written up?

Mr. Aspinall:
I was going to ask him that, my Lord.

5278. Then, Mr. Toftenes, you go on, and in substance the story is the same as you have told in the box?
- Yes.

5279. I want to call your attention to the last part: 'The other steamer, however, proceeded with so much speed ahead . . . . ’ my Lord, it is at page 148 the last part of the page ‘the other steamer, however, proceeded with so much speed ahead, the bow of the Storstad, was twisted over to port, such as is now known'? What did you mean by these last words ‘Such as is now known’?
- The way the bow shows now, that is what I meant by it.

5280. Now, I want you to tell me a little more about this document, Mr. Toftenes, when did you write it up?
- Some time the same day, in the afternoon I think it would he.

5281. I want it a little more precisely than that - you think it was the same day?
- It was the same day.

5282. About what time?
- I am not sure, I couldn’t say that now.

5283. Well, I want you to try?
- It would be about five o’clock in the afternoon or perhaps later, I don’t remember the time now.

52S4. About five o’clock in the afternoon?
- Or later.

5285. Where did you write it?
- Aboard the Storstad.

528G. In what part of the Storstad?
- In my own cabin.

5287. Was anybody present when you wrote it?
- Not then.

5288. What do you mean by the answer: not then? The question is, was anybody present when you wrote it?
- No.

5289. Then the answer is no?
- No.

5290. Had you had a talk with anybody before you wrote it up?
- Yes.

5291. With whom?
- The captain.

5292. With anybody else?
- I was talking to several, but I couldn’t say now who they all were.

5293. Did you have any talk with Mr. Saxe?
- Oh, yes, I should say he would have been talking about it, but I can’t say now just what we spoke of.

5294. He was your brother officer on the bridge?
- Yes.

5295. Surely you would have a talk on the bridge?
- Yes, sure we were talking.

5296. Did he tell you anything about the helm having been put hard-a-port by him?
- I can’t remember that now.

5297. Oh, but think?
- There is no use thinking; I don’t remember it.

5298. Did it occur to you that the helm being put hard-a-port may be an important matter in this case?
- No, not very.

5299. Not very important?
- No.

5300. Somewhat important?
- I don’t see there would be much importance to attach to it.

5301. You don’t think there is?
- No.

5302. Now, you had a talk with Saxe and had a talk with the captain?
- Yes.

5303. Did you make any rough draft on any scraps of paper before this was entered in the book?
- Yes.

5304. Where are those scraps of paper?
- I don’t know.

5305. What?
- I don’t know. They may be on board the Storstad. I expect they are.

5306. They may be on board the Storstad?
- Yes.

5307. Do you know where they are?
- No, I didn’t save them.

5308. Did it occur to you that it might be desirable to keep those rough bits of paper?
- No, it did not at the time occur to me, no.

5309. You see there had been a very serious collision?
- Yes.

5310. A ship had been lost?
- Yes.

5311. And many lives lost?
- Yes.

5312. Apparently in the engine room department they kept their rough scraps of paper?
- I have my scrap-log too.

5313. But where it is now you don’t know?
- It was given over to the Norwegian Consul as far as I know.

5314. Can’t you remember?

Mr. Haight:
I can inform my learned friend that Mr. Newcombe has it.


By Mr. Aspinall:


5315. When did you write up the scrap log, Mr. Toftenes?
- I don’t know exactly.

5316. Well where did you write it up?
- I can’t tell you now exactly where I sat writing them up.

5317. I should like to know?
- I usually write up a scrap log in the chart-room.

5318. But on this occasion I want to know what happened. You usually write it up in the chart-room, you say?
- Yes.

5319. That is your usual practice?
- Yes.

5320. Did you follow that practice on this occasion?
- As far as I remember that scrap log was written up in the chart-room.

5321. Do you mean you did write it up in the chart-room?
- That log, yes.

5322. Then the answer to my question is yes?
- Yes.

5323. That is a book which I now see Mr. Newcombe producing?
- Yes.

5324. Then in addition to the books I believe there were also some scraps of paper?
- Yes.

5325. I should like to see the scraps of paper?
- I am sorry I haven’t them, sir.

5326. Well, is this scrap log, which has just been produced by Mr. Newcombe, the same as the ship’s log?

Lord Mersey:
Just a moment, Mr. Aspinall, let me understand. Where is the ship’s log itself? I have, at present, an agreed translation of it, but I haven’t the log. Is that the ship’s log, in that black book that you have in your hand now, the original ship’s log.

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
Has it been already put in evidence?

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
And is it marked?

Mr. Haight:
Yes, my Lord, as Exhibit No. 15.

Lord Mersey:
Now there is, I understand, in addition to the ship’s log, a scrap log as well.

Mr. Aspinall:
Yes, my Lord.

5327. That document you have in your hand is the scrap log, is it not, Mr. Toftenes?
- Yes.

Lord Mersey:
Is there in addition to the black book, which is Exhibit No. 15, also a scrap log in existence?

Mr. Haight:
Yes, my Lord, he has it in his hand.

Lord Mersey:
Then that is so.

Mr. Haight:
Yes, my Lord.

Lord Mersey:
Is that in evidence?

Mr. Taschereau:
Not yet, my Lord.

Lord Mersey:
He has it in his hand, I understand.

Mr. Haight:
Yes, my Lord.

Lord Mersey:
Then let it be marked.

(The scrap-log is produced and marked as Exhibit No. 17.)

Lord Mersey:
Is there a translation of that?

Mr. Haight:
No, my Lord, I believe not. We will have it translated and handed up.


By Mr. Aspinall:


5328. Now, Mr. Toftenes, am I right in this that the scrap-log gives you the material which enables you to write up the ship’s log?
- Yes, in usual custom.

5329. Now, if that is right we ought to find in this scrap-log, which I have not had an opportunity of seeing before, the materials which enabled you to write up this somewhat lengthy document with regard to this collision, in the ship’s log?
- No, he wouldn’t find that.


By Lord Mersey:


5330. Answer the question, please - the scrap log is kept by you?
- Yes.

5331. And it is in your handwriting?
- Some of it.

5)332. But it is kept by you?
- It is kept by the officer on the watch.

5333. And it is from that log that you write up the ship's log?
- Yes.

5334. Afterwards?
- Yes.

533/5. Now, then, Mr. Aspinall is asking you whether in the ship’s log you find anything different from what you find in this scrap log?
- You will find all the same in the ship’s log what you find in the scrap log, but you might not find all in the scrap-log that you find in the ship’s log.

5336. Then there are things in the ship’s log which do not appear in the scrap log?
- That is so, my Lord.


By Mr. Aspinall:


5337. And I understand Mr. Toftenes that you agree with me that the ship’s log, as a rule, is written up from the information and statements in the scrap log?
- Yes.

5338. That is the practice on board ship, isn’t it?
- Yes.

5339. Then you make some statement that I wouldn’t find it all in the scrap log - I have only just glanced at it, but there looks to me to be very little at all in the scrap log on this occasion?
- There is nothing specially about the collision.

5340. Nothing specially about the collision?
- No, there is nothing specially in it about the collision.

Mr. Haight:
Mr. Newcombe has had the book in his possession. We know very little about it.

Lord Mersey:
May I look at the scrap log?

Mr. Aspinall:
Certainly, my Lord.

Lord Mersey:
Show me the page of the scrap log where the entries of this night are made.

The Witness:
There it is, my Lord.

Lord Mersey:
Well, go on, I can’t make much of it.

Mr. Aspinall:
My Lord, I don’t think I have anything more to ask about the log. I have no doubt that some time soon I shall get a translation from Mr. Newcombe or somebody else, and then I will know more about it.

Lord Mersey:
And you want to examine him later on?

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
You haven’t a translation of this scrap-log, Mr. Haight?

Mr. Haight:
My understanding is, my Lord, that our ship log contains an exact copy of the scrap log, starting with the entries ‘at 11.30 we passed Matane light two and a half miles off; at 1.35 a.m. Metis light abreast, four miles off; after passing Metis light we steered courses west three-quarters south, deviation one-half point east, correct magnetic course west one-quarter south, five miles ’ etc. Mow these entries, your Lordship, may perhaps be not so fully entered in the scrap as they appear in the official log.

Lord Mersey:
I daresay, but it doesn’t help very much. Can Toftenes come and stand here on a level with the bench for a few minutes?

The Witness:
Yes, my Lord.

Lord Mersey:
Well, come and stand here. What is this, now?

(Lord Mersey here interrogated the witness in a conversational tone for a few moments, which questions and answers he instructed the reporter not to take down.)

Lord Mersey:
Now I want you, Mr. Aspinall, to look on the right hand side of the scrap log, and you see there is a space which is intended for general observations.

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
The top of that column, on the right-hand side, is occupied with events that happened on the 28th of May, and it is not until you come to half-way down the column that you come to events on the 29th?

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
And then when you get to about that place you see an entry which is timed 2.50?

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
And then you will see an entry afterwards which is timed 1.30?

Mr. Aspinall:
Yes, my Lord.

Lord Mersey:
Well I was asking him how it comes about that there was an entry after 2.50, which is ten minutes to three, and the other entry is timed at 1.30, which is half-past one, that is the subsequent entry?

Mr. Aspinall:
Yes, my Lord.


By Lord Mersey:


5341. And what was your explanation just now?
- That is a thing that is put in there afterwards.

Lord Mersey:
His explanation is that the 1.30 entry was put in afterwards. I don’t understand it, but I thought you might question him on it.

Mr. Aspinall:
Yes, my Lord.

5342. Now the usual way of writing up a scrap-log is this, that you have the book in the chart-room?
- Yes.

5343. Lying on the table?
- Yes.

5344. And you have a pencil there and parallel rules and a chart?
- Yes.

5345. And when anything of importance happens you write it down as it happens?
- I do.

5346. That is the way it is done?
- Yes, it is.

5347. Well you see his Lordship has pointed this out to me - what appears here is that at 2.50 there is an entry here with regard to the bearing of Father Point?
- Yes.

5348. You remember that?
- Yes.

5349. And then the next entry is an entry relating to something which happened at 1.30, that is an hour and twenty minutes or so before that?
- Yes, that is right.

5350. Now what is that entry at 1.30 - I want you to read it?
- It states when I first noticed the fog.

5351. Oh, I see, when you noticed the fog?
- Yes.

5352. Can you translate it for me?
- Yes, 1.30 -

5353. Well what follows there?
- It started to become hazy over the land - commenced to become hazy over the land. That is about the direct translation.

5354. Now in the ship’s log, it is much the same. I will read it to you: ‘At 1.30 it commenced to become hazy over the land.’ And then the next entry in the ship’s log is 'fog came out over the river.’

5355. Shall we find that in the scrap log?
- I am not sure, I can’t tell you sir, I haven’t looked.

5356. Will you just look and see?
- No, that is not there.

Mr. Haight:
May the witness read all the entries there are in the scrap-log right into the record?

Lord Mersey:
By all means.


By Mr. Haight:


5357. Well, Toftenes, begin your entries at 12 o’clock and read everything you have.

Lord Mersey:
Well we don’t want the barometer readings and everything like that.

Mr. Haight:
Oh no, but begin at 12 o’clock and read the entries.
- Just the remarks column, ‘1.35 Metis Point abeam, four miles off; 2.50, Father Point bearing South-west \ South, about six miles off; 1.30 commenced to be foggy or hazy over the land.’


By Lord Mersey:


5358. How did you come to write into that scrap-log an entry of something that had occurred at half-past one after you had already written in the log something that happened at ten minutes to three? How did that come about?
- I am not sure. I could not say how it came about.

5359. Is it true that the entry under one-thirty was written in after the collision?
- Yes, all that has been written in - well not all, but some of that has been written in after.

5360. The entry under 2.50 was not written in after, was it?
- No, that was before.

5361. That was written in about ten minutes before the collision?
- Yes, about that.

5362. But the 1.30 entry was written in after the collision?
- Yes, that is so.


By Mr. Aspinall:


5363. Is there any more?
- Yes, there is.

5364. Read it please.
- About 2.50 Father Point light was hidden in fog. That is all.

5365. Was that written after the collision?
- Yes, that was written after.

5366. Why didn’t you write those things up in the scrap-log as they occurred that night?

About the collision?

5367. No, not about the collision 2.50 is before there was a collision?
- Yes.

536S. And I suppose at 2.50 you thought there was no risk of collision?
- I did not.

5369. It would have been quite easy for you to have walked into the chart-room and written it down?
- Yes, but the things had very little significance then.


By Lord Mersey:


5370. But this is getting a little complicated - are there two entries in the scrap-log marked 2.50?
- Yes.

5371. Well one of them, the first of them, was entered before the collision?
- Yes.

5372. And the second one is marked the same time?
- About 2.50 the second was.

5373. Well the second is entered as about 2.50, but it is entered after the collision?
- Yes.

5374. And was put into your book after the collision?
- Yes


By Mr. Aspinall:


5375. When you made the first 2.50 entry you went into the chart-room for the purpose of doing it before the collision had happened?
- I didn’t put it down. That was the third mate.

5376. Well somebody went in and did it?
- Yes.

5377. Is that all that we can find in the scrap log relating to this matter?
- That is all - well I don’t know. No, that is all.


By Lord Mersey:


5378. The remainder is of no importance?
- No, sir


By Mr. Aspinall:


5379. When you made those entries in the scrap log after the collision had happened, at what time of the day did you make these entries?
- About eight or nine o’clock in the morning.

5380. Are you sure?
- No, I am not sure of the time; about that.

5381. Were they made about the same time that you wrote up the ship’s log?
- No, before that time.

5382. Did you have a talk with the captain?
- Oh, I must have been speaking with him before that, but what was said or when that happened I couldn’t say anything about.

5383. Now what was the reason why you put in these two entries of 1.30 and 2.50 after the collision had happened?
- At times like that you are always liable to forget, and I noted them down. I thought they might be of importance.

5384. To help your memory afterwards?
- Yes.


By Mr. Haight:


5385. Please open at your scrap entries again?
- Yes.

5386. Do they show the courses that you were steering up to the time of the collision?
- They do.

5387. I want you please to read from your scrap log your courses, and also to read all the other entries that you have been talking about which you made before the collision so that we will have it consecutively. Read nothing you made after the collision.

How far back do you want?

5388. Give your courses first.

From Metis Point?

Yes, from Metis Point.
- West one-quarter south magnetic.


By Lord Mersey:


5389. At what point of time are you starting?
- 1.35.

Lord Mersey:
But you know there is something before that, there is 1.30.

Mr. Haight:
I am asking him to read the entries he made before the collision occurred. That 1.30 entry was made afterwards.

Lord Mersey:
The thing is complicated in this way that he made certain entries before the collision occurred.

Mr. Haight:
Yes, my Lord.

Lord Mersey:
And these entries were of course timed before the collision occurred, but he also made at all events, one entry and probably two after the entry occurred.

Mr. Haight:
Quite so.

Lord Mersey:
Which are also timed before the collision occurred?

Mr. Haight:
Yes, my Lord, and that is why I was asking him to read first only the entries made before the collision occurred, so there would be no doubt about which they were.

5390. Starting at Metis Point, give me your courses and all other entries you have there - is there an entry there ‘Metis Point abeam?'
- Yes, 1.35, Metis abeam, four miles off.

5391. Are your courses given from Metis?
- Yes.

5392. Read them please?
- West | south magnetic, six miles.

5393. Are you reading me the whole course, or does your record show the steered course and the deviation?
- Yes.

5394. Now look at me - I want everything in the scrap - I don’t want you to leave out anything after 1.35. Don’t edit it, but translate it?
- It is ‘west three-quarters south, six degrees deviation, west one-quarter south, magnetic, six miles.’

5395. Right - now the next?
- Then west by south and the same deviation, that is west half south, five miles. And west by south, the same deviation, west by south, no distance.

5396. No distance?
- No, the distance is uncertain.

5397. Go on, there are some other entries that you made before the collision?
- You mean the remarks here, what I read before.

5398. Everything you wrote before the collision on your watch?
- That is 1.35, Metis Point abeam, four miles.

5399. You have read us that?
- Yes.

5400. And then?
- Father Point, south-west 4 south, six miles off. Then 1.30, commenced to be hazy over the land.

5401. Now wait, I want you to read only the entries you wrote before the collision.


By Lord Mersey:


5402. You know you didn’t make that entry before the collision occurred?
- No, your Lordship, I did not.


By Mr. Haight:


5403. Now, will you please read over the entries you made in the scrap log after the collision occurred?
- Well, that comes up to the next day. Will I read it all?

5404. No, during your watch?
- Oh, during my watch, that is ‘1.30 it commenced to be hazy over the land. About two o’clock Father Point was sighted; and about two-fifty the same was hid in a fog.’

5405. What was hidden?
- Father Point light.

5406. Now is that all you wrote after the collision?
- That is all.

Lord Mersey:
What about the two-fifty, the second two-fifty -
- That is what I read last time, my Lord.

Mr. Haight:
He says about 2.50 Father Point light was hidden.

Lord Mersey:
But that was written in the scrap log after the collision?

Mr. Haight:
Yes, my Lord.

5407. Have you read now every entry that the scrap log contains which you wrote up after the collision?
- Yes.

5408. And what you wrote after the collision begins with the entry: ‘1.30 commenced to be hazy over the land?'
- It does, sir.


By Lord Mersey:


5409. I am sorry to have to repeat this so often, but is it true that after the collision took place you entered in your scrap log three notes?
- I did, sir.

5410. Now let me see what I understand these three notes to have been - ‘Two o’clock saw Father Point light’ - you put that in the log after the collision?
- Yes.

5411. And ‘1.30 commenced to be hazy over the land, and foggy?'
- Yes.

5412. You put that entry in your scrap book after the collision?
- I did.

5413. And then ‘2.50, lights on the land were entirely hidden’?
- My scrap log says: ‘Father Point light was hidden.’

5414. Very well, the lights at Father Point were entirely hidden. You wrote that in the log after the collision -
- I did.

5415. Although all these hours, nearly two o’clock, 1.30, and 2.50 were hours before the collision?
- Yes.


By Sir Adolphe Routhier:


5416. Were these entries made by memory?
- By memory.


By Lord Mersey:


5417. When did you make these three entries in your scrap log? Did you make them all at one time?
- I do not remember that now; I believe I did.

5418. What time was it, do you think, at which you made these entries?
- It would be some time in the forenoon of the same day.

5419. On the 29th of May?
- The 29th.

5420. Where were you when you made them?
- In the chart room.

5421. Who was with you?
- I could not say.

5422. Did you make them after you had talked the matter over with the captain?
- No, I do not think we did talk all of it over then.

5423. Did you talk any of it over?
- Yes, we would be sure to do that.

5424. And you talked something over when you were making these entries in the scrap log?
- That is a thing I would not say for certain; I do not believe I did.

5425. Why did you interpolate in this scrap book these three entries we have spoken about?
- Because it was times that I thought might be of importance later.

5426. Because it was what?
- It was entries and times that I thought might be of importance later and I would not forget them.

5427. When?
- Concerning the collision.

5428. When there was an enquiry into the collision?
- Yes, sir.

5429. You thought you had better have these entries in because they might be important for the purposes of the inquiry?


By Sir Adolphe Routhier:


5430. Where were you in the river when you made these entries?
- Between Father Point and Quebec; the exact spot I could not say.

5431. Between Father Point and Quebec?
- Yes.

5432. Where?
- I could not tell the exact point. We would be somewhere around Red Island.

5433. When did you arrive in Quebec?
- I do not remember that either.

5434. Is it mentioned in your log?
- It will be mentioned in the log; about 1.30 on the afternoon of the 30th.


By Mr. Haight:


5435. When you had made the additional entries in the scrap log you had left Father Point an hour or two before?
- I cannot tell you the exact time but we would have left Father Point.

5436. You had not gone ashore at Father Point?
- No.

5437. And nobody came out from the shore to your steamer at Father Point?
- No, I do not believe any one. The Lady Evelyn was alongside but I do not believe that anybody was aboard.

5438. When you wrote in your official deck log were you stopped?
- No, we were between Father Point and Quebec.

5439. In other words, the entries in the scrap and the entries in the deck log later were all made before you reached Qubec?
- Yes.

5440. You stated that you wrote out the account of the accident which you subsequently put in the deck log on scraps of paper first?
- Yes.

5441. Why did you write it out on pieces of paper before you put it into the log?
- I am not very much used to writing a story so I wanted to see if it looked like something before I wrote it up.

Lord Mersey:
That is not an uncommon thing to do.

Mr. Haight:
I do not think it is among sailors.

Lord Mersey:
It is not at all unusual to make memoranda on bits of paper.

Mr. Haight:
Not at all.

5443. (To witness:) When I was aboard your steamer did you then have the original memoranda?
- No, I do not remember; I do not think I had.

Mr. Haight:
My Lord, if you do not mind, I saw something - I cannot tell what - but he had something. If the court has no objection I will find out what it was. He did show me something. I thought then that it was the original memoranda and if so I think it might be still on board the ship, and the witness can go down to Montreal and get it. I would like to do that if the court will allow me.

Lord Mersey:
What you could do would be to telegraph or telephone.

Mr. Haight:
They are in the mate’s room.

5444. (To witness:) You had some sheets of paper when I was aboard your steamer?
- I had some notes.

5445. What were those sheets of paper?
- They were some of the notes.

5446. You have not destroyed those notes?
- No, I do not believe I have; they will still be there.

5447. I will ask you to take the afternoon train, go to Montreal, try to get back here to-morrow and see if you cannot find those scraps of paper, if His Lordship will permit it.

Lord Mersey:
You do not require my permission.

Mr. Haight:
Your Lordship would not allow me to send him back to the ship two days ago.

Lord Mersey:
I wanted him here then.

Mr. Haight:
I was afraid that you might want him again this afternoon.

Lord Mersey:
I do not know that I shall.

Mr. Haight:
If he will not be needed I think he could get down and back. Do you object to this, Mr. Aspinall?

Mr. Aspinall:

Lord Mersey:
When can he be back here?

Mr. Haight:
He can probably get the 1.30 train to Montreal, be in Montreal at 6.30, go to his steamer, get the midnight sleeper back and be here in the morning.

Lord Mersey:
I see no objection.

Mr. Haight:
I will ask one or two more questions.

Lord Mersey:
You must not make him miss his train.

Mr. Haight:
No, my Lord, I will see that he does not miss it.

5448. (To witness:) Mr. Aspinall has referred to the entries in your scrap log that at 1.30 it commenced to be hazy over the land and at 2.50 Father Point was hidden; how soon did the fog work out to your ship after Father Point was shut out?
- It was about five minutes afterwards.

5449. After the Father Point light disappeared was your ship then in the fog?
- No.

5450. When did you begin to blow your whistles in reference to the fog?
- When the fog hid the lights of the steamer I saw.

5451. When was it that you first slowed your engines, in reference to the fog?
- It was at the same time - when the fog hid the other steamer.

5452. Now, get your train, hunt for these scraps - every scrap you have written - get them, get to night’s train and be here in the morning.
- Yes.