Captain KENDALL,
(Recalled).
By Chief Justice McLeod:
7114. I only want to ask one or two questions - referring to Father Point, I want to know what was the exact position from which you shaped your course after you dropped your pilot?
- About a mile off the Father Point gas buoy.
7115. Well, can’t you give me the exact figures?
- About a mile northwesterly.
7116. About a mile northwesterly?
- Yes, Cock Point buoy was abeam, but giving the exact thing it would be north 40 west.
7117. That is the course you took?
- No, my Lord, it is not the course I took. The bearing would be about south. I was north 40 west from the Father Point gas buoy, distant one mile.
7118. And what distance did you run on that course?
- About four and a half miles from there.
7119. Is that as exact as you can give, the course you went?
- That was not the course, sir, that was the bearing of the ship from Father Point.
7120. Well, what was the course you took from there?
- North fifty east.
7121. And then what distance did you run on that course?
- About four and a half miles.
By Lord Mersey:
7122. Magnetic?
- No, my Lord, compass.
By Chief Justice McLeod:
7123. Is there any way of getting that more exactly - your log was lost?
- Everything was lost. I can only give the distance the ship would run in that time.
7124. And that would be about four and a half miles?
- Yes.
7125. And then you changed your course?
- Yes.
7126. To what course did you change?
- To north 76 east by compass, north 73 magnetic.
7127. And how long did you run on that course?
- 12 minutes, from 1.25 to 1.47.
7128. And then what course did you take?
- I stopped then.
7129. On your last course how many miles did you run?
- About two and a quarter miles, or about three miles - I am just judging the distance she would go in that time, because I have no other records to give.
By Lord Mersey:
7130. Are these courses the courses that are usually laid by steamers about to cross the Atlantic from Father Point?
- Yes, my Lord, if anything, they are much more safer courses than the usual courses which are taken from Father Point.
7131. Then you see you are contradicting yourself. I asked you whether these were the usual courses and your answer to that is yes, and then you say they are safer than the usual coursers?
- If I might explain to your Lordship, perhaps you will understand. Some men pass a mile off Cock Point for safety, some to be safer pass two miles off, and I was passing three miles off before I shaped my course down the St. Lawrence.
By Chief Justice McLeod:
7132. You say you were passing about three miles from Cock Point buoy?
- About two and a half to three miles.
7133. And when did you shape your course down the St. Lawrence?
- At 1.35.
7134. That is after you left Father Point?
- Yes, after Cock Point buoy was on the beam.
7135. Well, do I understand you to say that you took the first course from Cock Point buoy?
- From Father Point was the first course, until Cock Point buoy was on the beam. Then I shaped my course down the St. Lawrence.
7136. And on that course you say you ran about 12 minutes?
- Yes, it was 1.47 when I stopped my ship.
Mr. Haight:
May I ask a question, my Lord?
Lord Mersey:
Just a moment, I have one more question to ask.
7137. Are there any instructions from your company for passing Cock Point buoy?
- No instructions, my Lord.
By Mr. Haight:
7138. According to my recollection, Captain Kendall, your first course as you testified to-day and laid it down on your chart, is north 47 degrees magnetic?
- Yes, I gave the compass to his Lordship.
7139. Is north 58 east equivalent to north 49 magnetic?
- No, I said north 50.
7140. Now, can you give us the precise time at which by your clock you left Father Point?
- At 1.20.
7141. You have heard the testimony given by the witnesses from the Eureka?
- Yes.
7142. And according to their clock, which was set accurately each day, the pilot came over the side from your ship at 1.30?
- By their time.
7143. Yes, by their time.
- Yes.
7144. Now, I want to know where you get your time from and what you know about its accuracy?
- We correct our times by three chronometers we have on board our ship, which are always at Greenwich mean time.
7145. Well do you think that your time is any more accurate than that which they have at the wireless station?
- Absolutely more accurate.
7146. They get absolutely astronomical time or standard time over the wire?
- Yes.
7147. Regularly?
- Yes.
7148. And the man on the Eureka says that every day he gets the exact time, and that it is the matter of a few seconds to correct?
- Yes.
7149. Now, the discrepancies in time are these, Captain Kendall, you say you left your pilot and started full speed ahead at 1.20?
- Yes.
7150. And the man on the Eureka says he observed the time exactly when the pilot came over and that it was 1.30?
- That is his time.
7151. You say you looked at the clock as I understand it about two minutes before the actual collision, and by the chart-room clock it was 1.53?
- Yes.
7152. You estimate 1.55 as the moment of contact?
- Yes.
7153. Whereas the wireless station, where their time is assumed to be absolutely accurate, say they got your call for help at 1.45?
- Yes. The difference between the time given by the Eureka as 1.30, and the wireless station when they say they got our call for help at 1.45 - that is to say according to their story we dropped the pilot at 1.30, and according to the wireless station there was a call from the Empress of Ireland for help at 1.45 - is that right?
Mr. Haight:
Yes.
- That is 15 minutes. Is it pessible for a ship doing 17 knots, to steam seven miles in 15 minutes?
Mr. Haight:
I am sure I don’t know.
- Well, I am taking their times.
Lord Mersey:
I don’t know where I am getting to, but are you going to crossexamine Mr. Haight?
- The times were put to me, my Lord, which has absolutely left me in a cloud.
Chief Justice McLeod:
Well, this gentleman has his own time on board the steamer, and I understand the wireless operator speaks according to that time.
By Mr. Haight:
7154. You have no explanation to make as to these differences?
- Not to their differences. Our time is from three chronometers on board the ship, which differ one-fifth of a second per day. They are taken on shore every time we are in Liverpool and handed to an optician, and are brought on board again twelve hours before the ship sails, and the time is absolutely accurate.
7155. They are never put forward or back?
- They are never touched. We couldn’t touch them if we wanted to.
7156. And the variations you take are the result of computations you make?
- Yes, from our own chronometers.
7157. But when you went into the chart-house you didn’t stop to make long computations from the chronometers?
- No, but our clock is corrected by the chronometers - controlled by the chronometers -
7158. How did you happen to go into the chart-house while the fog was on?
- I didn’t have to go into the chart-house it was a matter of putting my head in at the door.
7159. Yes, but why did you do it?
- Because I very often do it - it is my duty as captain of the ship.
7160. Do you remember what particular duty you intended to perform when you went into the chart-room on this occasion?
- No, but when I make any entry, or do anything with my engines, or stop my ship, I naturally look at the clock.
7161. Do you remember what you did when you went into the chart-room and saw the clock standing at 1.53?
- I didn’t go in, I simply stuck my head in.
7162. Well for what purpose?
- To look at the clock.
7163. But why did you happen to want to know the precise time at this particular moment?
- Because it is my duty to take the times when I stop my ship, or make any movement of the engines.
7164. Had you jirst given some order to the engines at that time?
- My ship had been stopped previously to this.
7165. I understand it is your duty to take note of the time when you give an order to the engines - had you given an order to the engines at the very moment you looked in at the clock?
- No, not at that particular moment.
7166. Then that was not your reason for looking at the clock at that moment?
- No.
7167. Well, try to tell me what your reason was?
- I can’t give any particular reason, except I told you I went in the chart-room to see what time it was. I had heard the whistles and I stuck my head in to look at the clock, just as I would look at that clock over there.
Lord Mersey:
If I looked at the clock, it would be to see what time it was?
- Exactly, my Lord.
Mr. Haight:
I don’t remember, Captain Kendall, your having stated before that it was 1.35 when you changed your course to north 73 magnetic?
- That was my time.
7165. Did you look at the clock at that time?
- The officer gave me that time, the officer who was drowned, Mr. Moore.
7169. There are no entries in the log that was saved of any of those times or distances?
- None whatever.
7170. How did you get the 1.47?
- That was reported to me by the officer also.
7171. Which officer?
- Mr. Moore, who was lost. He stands in the door and gives me the times.
7172. Why didn’t he give you the 1.53 instead of you going in to look at the clock?
- There was no need to do it. It was my own observation.
7173. That is, he gave you the 1.35 and the 1.47?
- Yes.
7174. And for some reason you didn’t want him to give you the 1.53?
- There was no reason. I simply went in and looked at the clock.
7175. You simply looked at the clock?
- Yes.
Mr. Haight:
That is all.
Lord Mersey:
Do you desire to ask this witness anything, Mr. Aspinall?
Mr. Aspinall:
No, my Lord.
Lord Mersey:
And Mr. Gibsone?
Mr. Gibsone:
No, my Lord.
Lord Mersey:
Then we will now rise.