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Ros
Davies' Co.
Down, Ireland Genealogy Research Site
© Rosalind Davies 2008 Permission granted to reprint research for non-profit use only |
Shipping Tragedy April 1937
by Leslie Campbell
Loss of SS Alder & SS
Lady Cavan in Carlingford Lough &
drowning of Capt. Robert Campbell & wife Kate
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Contents:
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The ALDER;
SHIPPING DISASTER
IN CARLINGFORD LOUGH SUNDAY 4th APRIL
1937
At 4a.m. on 4 April 1937, Fishers’ steamer the Alder (341 tons) edged her way into the Lough in dense fog,
steam whistle sounding sonorously. Unwilling to proceed through Narrow Water,
Captain Robert Campbell, dropped anchor off Greencastle, which is on the Down
side of Carlingford Lough, opposite Greenore on the Louth side and a short
distance north of Kilkeel. It was the intention of Captain Campbell to lie
up for a few hours before making for Newry.
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Aboard the Alder were Captain Robert
Campbell (42) and his wife Kate
(39) and the crew: Chief Engineer Robert
McGrath married with four children, of 3 Erskine Street,
Newry; Second Engineer J. Davis(47) married
with three daughters, of 41 Kingscourt Street, Belfast; Mate Michael
O’Neill of Fathom, Newry; Deck Hands - Jack
Gorman of Rooney’s Terrace, Newry; John
Conlon married with four children, of Upper Chapel
Street, Newry; James
Hollywood of Fathom, Newry and W.
Cahoun of Carrickfergus. The Alder was anchored for less than a quarter of an hour when the
Lady Cavan (602 tons), under the control of Captain Gallimore
and carrying a general cargo from |
| Capt. Robert Campbell | Mrs. Catherine (Kate) Campbell | |
The crew of the Alder thought that there was no immediate danger
(although coal could be seen pouring through a rent in the plates) but the
captain and crew of the Lady Cavan realised the great danger that the
Alder and crew were in and offered assistance but those aboard the
Alder declined it again apparently minimising the danger.
Captain Campbell went below to arouse his wife Catherine and she came on deck with
him wearing an overcoat over her night attire.
The bow of the Lady Cavan was plunged into the collier in the collision
and when they were locked together there was a steadiness which concealed
the gravity of the injury the Alder had sustained, so that when the
Lady Cavan reversed engines and withdrew from the collier the vessel
suddenly developed a list.
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The water rushed in through the yawning chasm caused by the impact and
carried the Alder to the bottom of the Lough. All aboard the Alder went down into to the depths. O’Neill and Just after they had got on to the lifeboat they saw Cahoun, a non-swimmer,
come to the surface fortunately beside an oar which he held on to until
a lifeboat from the Lady Cavan rescued him. The Lady Cavan lifeboat circled around and searched until daylight
but there was no sign of Captain Campbell, his wife, who had
only at the last minute decided to accompany him on the voyage, or the
other four crew members. |
| John Conlon | L-R; Michael O'Neill, James Hollywood & W. Cahoun | |
The three rescued men M. O’Neill, J. Hollywood and J. Cahoun were
good friends and had only a few weeks previous been photographed together.
They were fed, clothed and sent home by the Shipwrecked Fishermen and Mariners’
Royal Benevolent Society.
Captain Campbell and his wife had been married 17 years and left
four children: James (16), May (14), Louis (12) and Percy (9).
Mrs. Campbell had two sisters- Mrs. Nicholson and Mrs. Harper and one
brother Mr. Samuel Hale who is in
Captain Campbell was the son of Mr. and Mrs. James Campbell,
Maghereagh, Kilkeel and leaves four brothers; Messrs. Charles, William
John, James and Harry. It appears that Mrs. Campbell had arranged to be
home for dinner on Sunday. The children were stopping with their grandparents.
The mountains around the Lough still bore the traces of a recent heavy
snow and one can only imagine with a shudder how the six poor victims and the
three survivors must have felt in the icy waters of the Lough.
On the Sunday afternoon the Lady Cavan steamed up to Victoria
Locks, the entrance to the Newry canal. The vessel remained there for several
hours before going on to the Albert Basin, which she reached about 6 p.m. Groups
of people watched her sadly, in silence, for the tragedy affected everyone.
Like a funeral pall the black smoke hung over the green funnel as she steamed
past the pierhead.
The Sabbath stillness of the town seemed doubly intense as the dejected
townspeople gazed on the ship, gloomily conjecturing the feelings of those on
board her. Even the children stood wide-eyed and silent looking at her – and
beyond the town.
‘Under the dove-grey sky – as
wide as death-
The sea,
Fall, fall way, all soot and dust despair,
Turmoil and broil, uncertainties that rend,
All grinding noise and pain be ever still.
Here is the end-
Unmeasured sands to walk as spirits may
With washed unweighing feet, forever free.
The hush of waves, almost
unreachable
By mortal sense, as in Eternity’.
On Monday sightseers from various parts came to gaze at the scene of the
collision at Greencastle, but saw nothing more eventful than the operation of
shipping potato supplies from the Down to the Louth side of the Lough.
A thick mist hung over the Lough like a pall of death. A few hundred yards
from the shore the mast tops of the ill-fated Alder mournfully projected
over the waves and the peace of death was all-pervading. The visitors included
some of the relatives of the drowned seamen and Mrs. Campbell.
The search for the bodies of the six victims of Sunday’s Carlingford
Lough disaster continued without result.
On Monday night the Lady Cavan passed over the spot where the
tragedy had occurred, captain and crew standing bareheaded as the steamer made
her way out of the Lough.
At a meeting of Carlingford Lough Commission on Tuesday 6 April 1937, the
Chairman (Lord Kilmorey) proposed that letters of sympathy should be
sent to all the relatives of the victims.
The motion was seconded by Mr. W. Moorehead, D.L. and passed in
silence, the members standing. The meeting was then adjourned as a mark of
respect. Afterwards the matter was discussed in committee, and arrangements
were made for a continuance of the search for the bodies.
At the first meeting of the newly formed Kilkeel Urban Council, the Chairman
(Mr. Edward McGonigle) read the following message from President de
Valera:-
‘I have learned with great sorrow of the deaths by the sinking of the Alder,
and I beg you to convey to the relatives of Captain and Mrs. Campbell
my sincere sympathy – Eamonn de Valera’.
On the motion of the Chairman, the members stood in silence in tribute
to their memory. The Clerk was instructed to convey the message to the bereaved
relatives.
At Newry Urban Council on Monday 5 November 1937 Mr. G.W.Holt, J.P.
referred to the recent shocking disaster in Carlingford Lough, when six people
– five from Newry and district and one from Belfast lost their lives and then
proposed a vote of sympathy with the bereaved relatives. The vote was passed
in silence
At a meeting of the Council of the Borough of Drogheda held on the 6 April
1937 on the motion of Alderman O. Kierans, seconded by His Worship
the Mayor (Alderman Walsh), a vote of condolence was unanimously passed
with the relatives of those who so tragically lost their lives on the ss
Alder in Carlingford Lough.
The Captain and crew were well known in the town and the tragic occurrence
came as a great shock to the citizens and the town clerk, J. Carr was
asked to convey to the relatives’ the deep and sincere sympathy of the Council
in their bereavement’.
At a meeting of the Carrickfergus Urban Council reference was made to
the tragic sea disaster which occurred in Carlingford Lough, resulting in the
loss of six lives and the clerk was directed to convey to the bereaved
relatives an expression of ‘the Council’s heartfelt sympathy and hope that all
will be comforted and strengthened in their sore trial.
BODY WASHED ASHORE
IDENTIFIED 7th APRIL 1937
On Wednesday morning 7 April 1937 the body of a woman, found washed ashore
at Rathcor, on
The body was found at a point six miles from Greenore, off which the vessel
sunk. It was clad in night attire, and a fur coat, and was identified by Mr.
William John Campbell, brother of Captain Campbell.
An intense search for the other bodies continued along the shores of the
Lough by police, coastguards and civilians. The remains were taken to the
licensed premises of Mr. Patrick Martin, Riverstown, Carlingford
and there an inquest was conducted on Thursday morning by Mr. J.H. Murphy,
solicitor, Coroner for Co. Louth. Evidence of identification was given by
Mr. Wm John Campbell, Kilkeel, a brother-in-law of Mrs. Campbell and the
inquest was then adjourned to a future date.
On Thursday 8 April 1937 the remains of Mrs. Campbell were conveyed
by boat from Carlingford to Greencastle, across the Lough and passed close
to the scene of the disaster. On arrival at Greencastle the remains were conveyed
by road to Kilkeel.
IMPOSING FUNERAL
IN KILKEEL OF MRS. CAMPBELL 9th APRIL 1937
Amid many manifestations of great grief the funeral of Mrs. Robert Campbell,
took place from the residence of her brother-in-law
Mr. Chas. Campbell,
It was a very imposing cortege, extending almost a quarter of a mile
long, and represented all creeds and classes from over a wide area. All
business in the town was suspended, windows shuttered and blinds drawn in
silent tribute to the deceased’s memory whose tragic death and that of her
husband and the other members of the crew of the Alder have occasioned grief
and sympathy. All shipping in
It was a touching sight to see the three little sons of the deceased, James,
Louis and Percy, march behind the coffin carrying
a wreath, which they placed on their mother’s grave after the internment.
The chief mourners included:-
Jim, Louis and Percy
Campbell (sons) and Isabella May Campbell
(daughter), Mr. James Campbell (father-in-law); Charles, Wm J. and
James and Harry Campbell; A. Kenmuir, G. Harper, R. Nicholson and R. Newell
(brothers-in-law); James and John Campbell, James Mitchell (uncles).
The remains were received in the Church by the Rev. H. Martin, M.A.
minister of Mourne Presbyterian Church, who conducted the funeral services
in the Church and at the graveside.
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The assembly present sang ‘The Lord is my Shepherd’. Taking for his text: ‘Oh, death where is thy sting, oh grave where is thy
victory’. Rev. Mr. Martin preached a very touching and impressive
address. He said ‘ We in this church have all met on former occasion which have
been sad, but never on an occasion which is so full of sadness as the
present occasion’. ‘Robert Campbell, continued Rev. Martin, was a son of the
sea. He was born beside it and played along its shores as a boy. He
knew all its moods of storm and calm. Just before he embarked on what
was to prove his last voyage, he remarked that last winter was the worst
winter for storms he had ever experienced at sea. It is an irony of
fate that it was not in a storm but in a perfectly calm sea that the
brave Captain, his wife, and four other gallant men met their doom. Proceeding, Rev. Martin said that ‘he felt the present tragedy so
deeply that it was with difficulty he spoke of it. Captain Campbell,
he continued, was a powerful swimmer and could have saved himself but
he would not leave his wife to perish, and so in trying to save her,
the mother of his children, they were both drowned. ‘Greater love than this hath
no man, than he lay down his life for his friend’. In conclusion, Rev. Martin expressed his heartfelt sympathy with
the bereaved relatives, the sisters and the little children of Mrs.
Campbell, and the parents, brothers and other relatives of Captain
Campbell. |
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| Minister of Mourne Presbyterian Church | ||
Included in the funeral cortege were the three young men who were rescued
off the Alder.
Messrs J. Fisher and Son were represented by Captain Connor,
Captain O’Neill and Superintendent James Torrens, while Mr. J. Birrels,
Manager, represented the
Amongst the many beautiful wreaths
were the following:-
‘In loving remembrance’, from father and mother.
From Robert’s sisters – Isabella, Cissie and Libby.
‘In affectionate remembrance’, from her sorrowing sisters and nephew at
Teacher’s Residence, Ballinran.
‘With deepest sympathy’, from Mr. and Mrs. R.E.Green.
‘To our darling mammie’, from her children.
From Uncle John, Aunt Minnie and Family
From Robert’s brothers; Wm. John, Charlie, James and
Harry.
Amongst the letters and telegrams of sympathy received was one from Right.
Hon. The Earl of Kilmorey, P.C.D.L.J.P. and one
from Mr. Eamonn de Valera, President of the
13th April 1937
A double breasted black overcoat of heavy material and comparatively new
in appearance found on the
The Carlingford Civic Guards daily patrol the extensive coast line in
their area.
INQUEST ON BODY WASHED ASHORE
AT
Mr. J.H. Murphy, Coroner for
Mr. A. Fisher (Messrs. Fisher & Fisher, Newry) appeared for
the next-of-kin; Mr. Thos. M’Kinty (Messrs. M’Kinty& Wright, Belfast) appeared for the owners
of ss Alder; Mr. J.D.Chambers (instructed
by Mr. Robert Wallace, Belfast) for the owners of the Lady Cavan,
and Superintendent M’Donagh represented the Civic
Guards.
The Coroner said he had already taken a deposition from Wm. John Campbell,
who stated he was a brother of the deceased’s husband. He had seen the woman’s
body and had identified it. She was aged 39 and was married to Robert Campbell,
captain of ss Alder, the property of Messrs. Fisher, of Newry.
Deceased had gone with her husband on a trip from
Michael Sheelan, fisherman, Rathcor (Co.
Louth), deposed that he was at Rathcor shore at 7p.m. on 7th inst.
When he saw a bulk some distance away, and found out afterwards that it was
the body of a woman. He at once reported the matter to Guards M’Grath and
Darcy who went to the scene and removed the body to Riverstown. The body
was dressed in a singlet, short coat and a pair of stockings. There was a
slight mark on the nose.
Guard Darcy said it was dark when he reached the shore and he viewed
the body with the aid of a flash lamp. The remains were those of a woman dressed
in fur coat, vest, and stockings. There were some slight marks on the forehead
and nose. The body had been found at high water mark; the tide was practically
full in at the time witness was there.
Replying to the superintendent, witness said the shore was very rough
and rocky.
Dr. E.M. Finnegan, Carlingford, said the deceased was a well-nourished
woman of about 40 years. In witness’s opinion death was due to drowning. There
were several small bruises on the forehead, which he thought were caused by
the body coming in contact with stones on the seashore. There was a lot of
sand in the deceased’s hair and on her face. Deceased had no teeth – evidently
she wore dentures.
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The Coroner said that was all the evidence he had in court, and if, Mr.
Fisher, representing the next-of-kin wished he might recall witnesses.
He (the Coroner) would have to have evidence that this lady was on the
boat. Mr. Fisher said there were two witnesses present. Mr. M’Kinty, representing the owners of
the ss Alder, said he was not calling any witnesses, but he willingly
left any available at Mr. Fisher’s disposal. Michael O’Neil, Victoria Locks, Newry, said he was mate on the ss
Alder, which belonged to the Newry and Kilkeel Steamship Company.
On April 3 they sailed from At 10.30p.m. on the 3rd they arrived
off the The Coroner asked for the address of the deceased, but Mr. Fisher
said Kilkeel was sufficient address, as Kilkeel was a small, though
important place. Superintendent M’Donagh said it was two
cables from the County Down side and seven cables from the nearest point
in The Coroner said, subject to what might be said by those representing the
parties, he proposed to find a verdict that deceased was found drowned
on the beach at Rathcor, on April 7, and death was due to asphyxia,
due to immersion in the sea in Carlingford Lough, on Greenore (County
Louth), on the 4th. Mr. Fisher asked that it should not be stated ‘Carlingford Lough
( Mr. M’Kinty – That is an international
question. The Coroner – I am not doing anyone any harm. Mr. Fisher – As no evidence had been produced to you whether it
was |
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If you want your findings I will ask that the
inquiry be adjourned and we will bring experts. In justice to the relatives
of the deceased, it is not a fair thing to do. I ask you to say Carlingford
Lough, which is quite sufficient or Carlingford Lough, which lies between
Mr. Chambers said he did not want to put Mr. Fisher to any
trouble. He realised that Mr. Fisher was raising the matter for a technical
reason, but it did not affect the issue before the inquiry, which was to find
the cause of death. For his part he was agreeable to it being stated that
the body was found at a point in Co. Louth. He did not want Mr. Fisher
to feel that any difficulty was being put in his way as regards where deceased
died. He was quite agreeable that something neutral should be put in.
The superintendent – The only thing is that we claim the sea right round
the whole coast of
Mr. Fisher – It is inside, not outside.
Coroner amends verdict.
The Coroner amended his verdict to read that death was due to immersion
in the sea in Carlingford Lough, which lies midway between Co. Louth and Co.
Down.
Mr. Chambers, on behalf of the owners, master and crew of the Lady
Cavan, said he wished to tender to Mr. Fisher’s clients their deepest
sympathy. Those for whom he (Mr. Chambers) spoke were engaged in this
hazardous seafaring life, just as were those who had died, and on that account
their sympathy was very deep and sincere.
Mr. M’Kinty, on behalf of the owners of
the ss Alder, deeply deplored the tragedy and associated himself with
the expression of sympathy.
Superintendent M’Donagh said everyone
felt for the relatives, and especially for the unfortunate children who had
lost their parents.
The Coroner said it was one of the saddest cases that had occurred in
the district for many years. That they should have been so close to land and
yet met their deaths was a tragedy.
Mr. Fisher, replying on behalf of the relatives,
returned sincere thanks, and particularly to the Coroner for his action in
facilitating the identification of the body to permit burial without undue
delay.
It might be of interest to those present to know that at the funeral
service held in the Presbyterian Church at Kilkeel the Rev. Martin, who
officiated, bore public testimony to the kindness received from the Coroner,
the Guards, and all the people of the district.
The Coroner said he could assure the relatives that the officials there
were most sympathetic and tried to do their duty in the most humane manner
possible.
MEMORIAL
SERVICE TO THE LATE CAPTAIN
AND MRS. CAMPBELL
There was an extremely large congregation present on Sunday evening in
the Mourne Presbyterian Church, Kilkeel, when a memorial service for the late
Captain and Mrs. Campbell who perished in the recent Carlingford Lough
disaster.
The service was conducted by Rev. Herbert Martin, M.A. assisted
by Rev. Alfred Eadie, B.A.
THE ADDRESS
Basing his address on the text: ‘They that go down to
the sea in ships, and do business in great waters; these see the works of the
Lord, and His wonders in the deep’ (Psalm 107 v 23&24).
Rev. Martin said:
The session of this church invites the members of the congregation to make
this service tonight a memorial in the highest sense, and to join in this
expression of public sympathy with the
As the minister of the
What secrets it holds in its wild and wandering waters- secrets that will
not be revealed till the sea gives up its dead :
Thou goest forth dread, fathomless, alone’. Mrs.
Henmans, in her poem, ‘The Graves of a Household’, with
a plaintive melody touches the ground tone of many a mother’s heart: -
‘The same fond mother bent at night
O’er each fair sleeping brow;
She had each folded flower in sight,
Where are those dreamers now?
The sea, the blue lone sea hides one,
He lies where pearls lie deep;
He was loved of all, yet none
O’er his low bed may weep.’
Isaiah said’ There is sorrow in the sea – It cannot be quit.’ There is a
wistful fascination about the sea, it draws and holds. What is its influence?
That is part of its mystery.
In a little book called the ‘Surgeon’s Dog,’ one of the seamen says to
the young surgeon taking his first trip: ‘Don’t stay with us long if you don’t
mean to stay with us always, for once the sea gets you it will never let you
go.’
Robert Campbell was born by the sea; the first sounds he heard were
of the sea. Its vast expanse was amongst the first things he saw. As a boy
he played by the dancing waters. He grew up intimately acquainted with its
storm and calm. He knew the restless moods, the whimsicalities, the
diapason of the sea. His spirit was attuned to the music of the waves. Such
a man possessed the essential qualities of a great seaman – keen, intelligent
and without fear he answered the call of the sea. His home was on the sea.
One of his shipmates said of him ‘He would take you into storm, but he could bring you out of
it again.’ He always did. Just before he set out on his last voyage he declared
the past winter to be the worst in weather he had experienced in all his twenty years at sea. It has
been a winter of storms, and every storm has been a gale.
Isn’t it a strange irony of fate that such a man should lose his life
when the sea was calm as the face of a sleeping child.
But he knew that a fog at sea is more to be dreaded than a storm, for
there the seaman does not fear the sea, but those who sail on it. There the
careful man is at the mercy of the careless and, indeed, the good seaman is the
enemy of the best.
Only a clever man could bring his vessel across the bar in the fog that
lay over Carlingford Lough that night. He knew the Lough – he knew how far to
go and when to stop. And only a skilled and careful hand could drop anchor
where he did – well out of the fairway, so as not to endanger other shipping.
I have been over the ground and within a few yards of the Alder’s
masts and funnel. They are a melancholy sight, rising upright from the water,
dignified in death. Experts will give their views on the position of the wreck
and it is not for me to say if the disaster could have been avoided or averted.
But the blow has fallen – Captain Campbell and his wife are gone, and
with them four brave seamen. It is said to be the worst disaster since the
sinking of the ill-fated
But black as this disaster is, it is shot through with rays of fine nobility.
Captain Campbell could easily have saved himself. He was a strong swimmer.
He was last seen standing with his wife on deck, awaiting an opportunity to
bring her to safety, while the others rushed to man the lifeboat, little dreaming
that the Alder was so badly damaged, and was sinking like a stone.
And in the vain effort to save his wife he lost his own life as well. ‘Greater
love hath no man than this, that a man lay down his
life for his friend.’ The large concourse of men at Mrs. Campbell funeral
was a genuine tribute of public sympathy. And here in this memorial service
I wish to recall the kindness received by Captain Campbell’s brother
from the people on the other side of the Border when he went to bring home
the remains of Mr. Campbell. The kind people there, and especially
the Sergeant of the Civic Guards, did everything they could to make this melancholy
offices as light as possible. Before such a human tragedy, thank God, all
our divisions disappear
– borders and boundaries melt into one: ‘One touch of nature
makes the whole world kin.’ A disaster like this makes deeper impressions
than we know.
Our characters must in some way
assimilate our pain. Three of our membership this year lost their lives at sea.
The wounds will heal but the scars remain, and those who sit in solitude
and mourn will see the scars the plainest. We, in the deepest sympathy for
them, will tell them that we will remember too.
Captain Campbell’s wife and children were
his darlings. Much as he loved them he never lost touch with his own parents
and his home family.
That fact has made natural for the children to turn to them and to find
with them all that a home should be to children who have lost their earliest
and truest friends. ‘The true way to mourn the dead is to take care of the
living who belong to them’.
There is a line in an old Greek play which says:’ The youthful mind is
not won’t to grieve,’ and yet these children are old enough to go into the
years with a memory that love will not let die till ‘ the
day break and the shadow flee away.’
‘You may shatter the glass in which roses distil,
But the scent of the roses will hang round it still.’
Life is like a troubled sea – we are voyagers – but we need not be helpless
victims of uncertainty, for we have with us One Who knows the sea, One Who
walked to meet the disciples on the
The praise portion of the service was led by the choir under the capable
direction of Mr. W. J. Chambers. Both choir and congregation gave a
sympathetic rendering of the 42nd Paraphrase: ‘Let not your hearts
with anxious thoughts be troubled or dismayed.’
The service concluded with the singing of the hymn: ‘For ever with the
Lord.
LOSS
OF THE ALDER- CLAIM and COUNTER-CLAIM in
Thursday 6th May 1937&
Friday 7th May 1937
Continuation of Evidence
Following further evidence on behalf of the Newry and Kilkeel Steamship
Co., Ltd., the master and crew of the Lady Cavan gave their account
of the accident in Carlingford Lough in the early morning of April 4 in the
Admiralty Court, London, on Thursday, when Sir Boyd Merriman, sitting
with Elder Brethren, continued the hearing of the action and counter-claim
arising out of the collision.
The action was brought by the Newry and Kilkeel Steamship Co., Ltd.,
owners of the Alder, who claimed damages from the British and Irish Steampacket
Co. (1936) Ltd., owners of the Lady Cavan.
The Lady Cavan, in counter-claiming, said she was misled by the Alder’s
anchor lights.
Having seen what she supposed to be the side lights of a vessel at
anchor, the Lady Cavan saw a further light, which she took to be that of
the No. 12 buoy, and she aimed to pass between it and the vessel. It was in
fact the Alder’s stern light.
It was further suggested by the Lady Cavan that the Alder
was not ringing her bell in accordance with the fog regulations and did not
sound her whistle, and that she was lying athwart the fairway.
The Alder pleaded that, bound from
PARAFFIN LAMPS
The mate of the Alder, Michael O’Neill, in answer to the
Judge, said the anchor lights were not the only lights to be seen from his
vessel. Lights were in all the cabins.
Some portholes might have curtains, but all of them had not. Some of the
lamps were hanging; some were in brackets.
The mate agreed with Mr. Noad, K.C., for
the Lady Cavan, that while there was a light in the captain’s room
and a lit swinging lamp in the mess-room, the mess-room curtains were usually
drawn for it was not desirable to have a glare upon decks at night time. The
lamps were paraffin and he did not think a vessel approaching him broadside
on could see the chimney and lighted burner of any lamp.
MASTER OF THE LADY CAVAN
Captain John Gallimore, of the Lady Cavan, gave evidence
of how he approached the Alder. He saw two lights, the lower a shade
to the left of the higher. He presumed they were on a vessel lying to the
flood end on with her head towards him. He intended to pass down her port
side to come to an anchor and was heading clear. The he saw a further light
lower than the others. He ordered the helmsman ’Hard aport (to lift her head
quicker), go between the ship and the buoy.’ Then he saw the hull of the vessel.
After collision he kept the Alder alongside with a rope for five minutes
till she began to heel. He called the crew to come on board and threw out
lifebelts. His speed had been about two knots. He thought the crew of the
Alder was preoccupied with getting their own lifeboat because the captain’s
wife was on board. They could quite well have stepped from the deck to the
Lady Cavan, though the necessity was not at first apparent.
From first seeing the lights of the Alder to the collision was
about a minute. He did not sound his whistle when the fog came on, though he
slowed his engines as a precaution.
The Judge – Why did you not sound your whistle?
The Captain said the weather did not appear thick enough.
They were coming up from
He had rung ‘slow’ at 4.10, he gathered from consulting the engineer’s
record just after the collision, and his speed would be four knots at sighting
and two knots when he struck.
Answering the Judge, Captain Gallimore said that travelling full
speed it would take about six minutes to pass from No. 10 Buoy to No. 12 Buoy.
The distance was just over a nautical mile.
On the distance from No. 10 Buoy the light could not have been No. 12
Buoy, but was misled by supposing the visibility was better than it was
Sir Boyd Merriman made the comment that the captain jumped to the
conclusion that the light was on the buoy although he saw the light on his
port bow, and the buoy must have been half a mile away.
DID NOT WANT CHAIN ROUND
PROPELLER
Witness replied that when he ordered hard aport wheel and full ahead he
did not want the chain round his propeller.
His Lordship added if witness thought he was near No. 12 buoy he must
have travelled faster than he admitted.
Captain Gallimore said his look-out man had only been in the ship
six days. The man, he thought, did not report lights and signals coming up.
He asked the mate about him after he rang ‘Slow ahead’
The Judge – The Elder Brethren who are assisting me would like to know
whether it is the practice in this ship, in reporting lights ahead, to include
the lights of buoys.
Captain Gallimore said it was.
His Lordship remarked that the vessel must have passed one light after
another without a hail.
The Captain said he called for the chief’s record immediately after
The chief officer of the Lady Cavan, Mr. John Joseph Higgins
said he took the last light to be the No. 12 Buoy on the port bow, though
normally the No. 12 Buoy would appear on their starboard hand.
Frank Giles, of the Lady Cavan said the engines had been
going astern for 15 seconds when the collision occurred.
A young man Hugh Hollywood, look-out on the forecastle head said
he reported the first two lights but the collision came before he saw the
Alder’s stern light.
The hearing was then adjourned till Friday.
THIRD DAY
The Judge had noticed the indication of an erasure in the Engineer’s Log
among the records of the engine movements round about the of collision, and
Mr. Robert Wright, the superintendent engineer of the British and Irish
Steampacket Co., went into the box and explained that when he was going through
the records at Newry with the engineer he lightly placed a mark at a passage,
as he frequently did he going through his papers.
Having made the pencil mark, he at once said ‘I should not have done
that. We must rub it out’ and he directed the engineer to take out the pencil
mark. He had been asking about the point when the engineer felt the contact
with the other ship.
Mr. Carpmael, K.C. (for the Newry
and Kilkeel Steamship Co.) asked was the mark place to indicate the moment
of contact?
Mr. Wright replied not the actual moment of contact. The mark led
down from immediately before the contact to the point of contact.
The Judge directed Mr. Wright to come on the bench and look at the
log through his magnifying glass;’ I never thought much about the erasure’
added the judge. ‘I am more interested in the next page.’
Mr. Wright turned over the page which bore the erasure mark and
observed that the page bound next after it in the book had obviously disappeared.
The Judge went on – ‘Do you see upon what becomes the next page, not
pencilled figures, but the impress of pencilled figures and the letters ‘a.m.’
Where do you think those pencilled letters were made?’
Mr. Wright said he could only suppose they were made on the page
which was missing. He thought possibly a blank page had been taken from the
end of the book and that had liberated the page about which his Lordship was
curious.
DECISION
The Court found that the Lady
Cavan was 4-fifths liable and the Alder one-fifth liable for the
collision, and apportioned the costs of the proceedings accordingly.
The damages will be assessed
on this basis later.
A record of clarity in the
Messrs. McKinty & Wright,
CLAIMS BY NEXT-OF-KIN OF
VICTIMS
Messrs. Fisher & Fisher, solicitors, acting on behalf of all the victims of the collision, having
issued writs for damages against the British and Irish Steampacket Co., Ltd.
(owners of the Dundalk & Newry Steampacket Co., Ltd.), and same will come
on for hearing in the Northern Ireland High Court of Justice at Belfast.
The victims were:-
Captain Robert Campbell, Kilkeel, who left four children
Mrs. Catherine Campbell, his wife.
Chief Engineer Robert McGrath,
Second Engineer James Davis,
Jack Gorman, Rooney’s Terrace, Newry, deck hand (unmarried)
John Conlon,
CARLINGFORD LOUGH
DISASTER; ANOTHER BODY FOUND 9th May 1937
VERDICT OF ‘FOUND DROWNED’ RETURNED
at inquest on 10th May 1937
The shipping disaster in Carlingford Lough on 4th April last
had a further sequel on Sunday 9th May 1937 when the body of a
second victim – John Gorman, Rooney’s Terrace, Newry was recovered.
The body of Mrs. Catherine (Kate) Campbell who was drowned with
her husband Captain Robert Campbell, and four members of the crew of
the ss. Alder, the sunken Newry vessel was
recovered on 7th April, although an inquest did not take place
until 16th April 1937.
It will be recalled that the Alder, a vessel owned by Messrs.
J. Fisher & Sons the Newry Shipping Firm sank in Carlingford Lough
following a collision with the Lady Cavan.
Of the nine persons aboard the Alder, only three were saved.
Gorman’s body was seen floating in the Lough between Greenore and
Carlingford by members of a steamer making for Newry and the matter was reported
to the civic guards on the Louth shore of the Lough, and the R.U.C. on the
County Down side. The shore was immediately patrolled on both sides and at
4.20pm. when the tide had ebbed, the body was recovered
by Guard James Reynolds.
Two of Captain Campbell’s brothers made the journey across the Lough to
Carlingford when relatives of others who had lost their lives also attended on
Sunday evening.
The body was identified as that of Gorman, and an
inquest was conducted in Carlingford Courthouse on Monday morning by Mr. J.M.Murphy,
coroner, and Superintendent McDonagh represented
the police.
The first witness was Miss Mary Gorman,
Michael O’Neill, Victoria Locks, Newry, mate of the Alder, and
one of the survivors, said that he saw Gorman on the deck immediately
after the collision and did not see him alive afterwards. He identified the
body as that of John Gorman.
Guard J. Reynold said he was on patrol duty and saw the body floating
on the Lough about 500 yards from the shore at 2.30pm. He waited until the ebb,
about 4.20pm. and recovered the body from the shore in
the liberties of Carlingford.
Dr. Finnegan, who examined the body, said it was that of a man of
about fifty years of age and 5 feet 7 inches in height. Deceased had on black
boots, grey socks, brown dungarees, leather belt with buckle, greyish-black
shirt with short tucked-up sleeves. The hair was grey. The knees and chest
were injured – the skin being off – leading him to believe that the body was
that of a man who had been drowned about five weeks
previously.
The Coroner found that the deceased, John Gorman, was found drowned,
the cause of death being drowning due to immersion in the sea in Carlingford
Lough which lies between Counties Louth and Down.
He said he would record in his findings an expression of sympathy from himself
and he wished to repeat what he had said on the occasion of the previous inquest
at
The Superintendent of Guards joined in the expression of sympathy.
Mr. Alexander Fisher (Messrs. Fisher and Fisher, solicitors, Newry)
said Mr. Wallace,
solicitor for the owners of the Lady Cavan had asked him to state that
the owners of the Lady Cavan desired to repeat the expression
of sympathy already extended. Mr. Fisher said the owners of the Alder,
through him, desired to express the greatest sympathy with the deceased’s
and all other relatives. He said he represented the relatives of the deceased
and on their behalf desired to return most sincere thanks for all the kindnesses
which had been shown the relatives at the time of the discovery of the body
on Sunday afternoon and during the terrible ordeal of identification; also
at the inquest that day. He also said they wished to bear testimony to the
most commendable elasticity exercised in the Border regulations when vehicles
were passing and repassing to Carlingford; and also
to the arrangements made for and facilities given to the relatives in having
the body taken across the border.
Mr. Fisher also thanked Captain McKevitt,
harbour master at Greenore, for his assistance.
The funeral took place at St. Mary’s Cemetery, Newry, yesterday
amid many manifestations of regret
The chief mourners were – Misses Bridget and Mary Gorman (sisters),
Messrs. Harry Gorman, John Gorman and Jim Gorman (nephews), Mrs.
Gorman (sister-in-law), Misses Dora and May Gorman, Mrs. Brady, Mrs.
Campbell, Mrs. Trimble (nieces), M. K. Hughes, Mrs. Hagans,
Mrs. Hearty, Glasgow; Mrs. Malone, Mrs. Murphy, John Hughes, Hugh and
Paddy Golding (friends)
Wreaths were received from Mrs. McGrath,
Rev. Father Campbell, in the course of a touching panegyric, said
the Holy Spirit warned them to be prepared because they knew not the day or
the hour when the Son of Man cometh. They saw life all around them and death
occurring sometimes in unusual and peculiar circumstances. Death always brought
sorrow and sadness, but when it came in tragic and sudden circumstances the
blow was more severely felt. On that occasion they were paying their respects
to one who had been called away in sad and tragic circumstances, and it was
sufficient for them to remember that Christian charity required their prayers
on behalf of the soul of him who so suddenly lost his life. They knew that
death took him unexpectedly and suddenly, and he may not fully have realised
that death was about to take place. Even though death has come suddenly they
felt he was not entirely unprepared.
He had been a man with a kind and charitable heart, and had been
faithful to his Christian duties. They had every confidence that God in his
mercy would take him to a happier existence than in his earth. He expressed
heartfelt sympathy with the sorrowing sisters and other relatives
BODY FOUND AT WHITEHAVEN
THAT OF ANOTHER LOUGH VICTIM?
Messrs. Fisher & Fisher , solicitors , Newry, are in touch with
Whitehaven police on behalf of Mrs. McGrath, Erskine Street, Newry,
as to the possibility of a body found at Whitehaven being that of her husband
Robert McGrath, chief engineer of ss. Alder who was drowned
when the ship sank on April 4th last.
The police authorities have given information to the effect that the
body was buried on Friday last (7th May 1937), but that they had
retained the clothing for identification purposes.
The clothing and other articles found on the body are to be dispatched
to the Bridewell police, Newry, so that Mrs.
McGrath may have an opportunity of inspecting them.
SUNKEN
COLLIER RAISED; ECHO OF CARLINGFORD COLLISION
The salvage work to retrieve the Newry collier Pine, which was
sunk in Carlingford Lough last November and which has been in progress at
intermittent periods during the past couple of months, was brought to a
successful conclusion on Saturday (8th May 1937), when the vessel
was removed from the fairway and brought close in to deep water at Greenore.
There is now no danger to navigation in the fairway, and the buoy marking the
wreck has also been removed.
The working of lifting the Pine was carried out by Mr. Samuel
Gray, salvage contractor,
Captain Campbell who lost his life, as
also did his wife and three of the crew when the Alder was sunk at
the beginning of April, was in charge of the Olive when she collided
with a sister ship (the Pine) which then sank in the Lough. No lives
were lost on that occasion.
CARLINGFORD
LOUGH DISASTER- A
THIRD BODY WASHED ASHORE DISCOVERY AT ANNALONG
Another body, identified as that of James Davis, aged 46 years,
The body is the third to be recovered, the others being that of Mrs. Campbell,
Kilkeel, wife of the Captain of the Alder, who was also drowned, and
that of John Gorman, deck hand.
It appears that about eight o’clock on Sunday evening, Mr. Bob McKibben and Mr.
Sidney Chambers, Annalong, saw
a body floating on the incoming tide at Annalong. They informed the police
and Constable Patterson accompanied
by Mr. T. McBurney, tailor,
went to the scene and recovered the body from the sea.
The body was in an advanced state of decomposition, and was removed to
Mr. Robert Gordon’s licensed
premises at the Harbour, Annalong.
The body was clad in a blue double-breasted coat and dungarees, and in
the pockets were found a union key, attached to a chain, and a cigarette
lighter.
The Coroner for South Down, Mr. R. S. Heron, was communicated with, and also the relatives of the three
men who are still missing from the wreck of the Alder eight weeks ago.
Mr. Alex Fisher, accompanied by Mr. Conlon, Newry, son of
Mr. J. Conlon, who perished in the disaster,
and Mrs. McGrath, Newry, wife of Mr. R. McGrath,
who was also drowned at the time, arrived at Annalong on Sunday night and
inspected the remains, but recognised that the body was not that of either
of the two missing Newry men.
The remains were identified by Mr. S. F. Kelly,
Mr. R. S. Heron, coroner for South Down, conducted the inquest yesterday,
when District Inspector Silcock represented
the police and Mr. Alexander Fisher appeared on behalf of the relatives.
Samuel F. Kelly, brother-in-law
, said the deceased was 46 years of age and was second engineer on
board the Alder at the time of the disaster. He had identified the
body.
Michael O’Neill, Victoria Locks, Fathom, Newry, one of the survivors
said he had been mate of the Alder at the time of the disaster. He
had known the deceased and remembered 4th April last when the vessel
was returning form Irvine to Newry, and had anchored in Carlingford Lough
on account of the fog. Between 4 and 5 am. On 4th
April the Lady Cavan struck the Alder amidships and the vessel
sank n a few minutes afterwards. Deceased perished with the others.
Robert McKibben,
The jury, of which Mr. Isaac Hamilton was foreman, found that death
was due to drowning in Carlingford Lough on 4th April and added
a rider expressing sympathy with the widow and children and other relatives
of deceased.
District- Inspector Silcock also joined
in the expression of sympathy on behalf of the police.
The Coroner said that in common with so many people and various public
bodies he extended his sympathy to the relatives. The sinking of the Alder
was undoubtedly a very sad affair but not so
terribly sad as on the occasion of the sinking of the ‘
Mr. Fisher, returning thanks on behalf of the relatives, paid tribute
to the people and the police of Annalong for the assistance they had rendered
in the recovery of the body.
The remains were removed to
THE
LOSS OF THE ALDER; CHIEF
ENGINEER’S BODY FOUND 26TH May 1937
On Thursday evening, Mr. J. H. Murphy (Coroner for North Louth)
held an inquest in the licensed premises of Mr. John Finnegan, licensed
publican, Whitestown, regarding the finding of the body of Mr. Robert
McGrath, chief engineer on the Newry collier Alder, who was drowned
in Carlingford Lough, when the collier when at anchor was sunk in collision
with the Lady Cavan on the 4th April 1937.
Inspector O’Mahony, Civic Guards, conducted
the proceedings, and Mr. Alex Fisher appeared for the widow of deceased.
Mrs. Madeline McGrath.
Michael O’Neill, mate on the Alder on the morning she sunk,
said the deceased was aboard on the morning of the collision. Witness last
saw him on deck as the vessel began to sink. He identified the remains by
the one-piece boiler suit which deceased wore, also by the gold watch and
coronation knife.
Guard Francis McGrath, Carlingford, gave evidence of finding the
gold watch, coronation knife, etc, on the body.
James Finnegan, Whitestown, stated that
about 4 o’clock on the evening of the 26th he sighted a body about
a mile off Ballagan shore, and with a pair of marine
glasses he satisfied himself that it was a human body. The wind at that time
was due south and the body was drifting in towards the rocks. The wind, however
changed, and witness and James Killen got a boat and brought the body
ashore about 10 o’clock that night, afterwards reporting the matter to the
Civic Guards at Carlingford.
Dr. Finnegan stated that death was due to drowning.
The Coroner recorded a verdict of death form drowning in Carlingford
Lough, and expressed his sympathy with the widow and family of the deceased.
Mr. Fisher, on behalf of Mrs. McGrath and family suitably
acknowledged the vote of sympathy, and said he desired to thank the Civic
Guards, and the people of Whitestown, and especially
James Finnegan and James Killen for what they did in recovering the body
Mr. Robert
McGrath's Funeral , Friday 28th May 1937
Amid many manifestations of regret the funeral of Mr. Robert McGrath
took place on Friday to Mullaghglass New Burying
Ground.
A service was conducted in the house by Rev. R. A. Swanzy,
B.A., Vicar of Newry, and Rev. Dr. Martin, Mullaghglass,
officiated in
The chief mourners were: Mr.
James McGrath, Belfast (brother); Master Allan McGrath (son); Messrs.
Harold Thompson and Stanley Briggs and Robert Briggs (brothers-in-law);
Mr. James McGrath, Barrack Street, Newry (cousin); Messrs. James
Thompson, David Hawthorne, Herbert Nelson, George Heasley,
James Bradley, Gerald Bradley (Bessbrook), W. Holmes sen.,
William and John Holmes, David McElroy (relatives)
The three survivors of the disaster were present, viz., Michael O’Neill,
Newry, Jim Hollywood, Newry and W. Cahoun, Carrickfergus.
Messrs. Joseph Fisher sons, owners of the ill-fated ss. Alder were represented at the funeral.
Wreaths were inscribed as follows:-
‘From his sorrowing wife and family’
‘In remembrance of Bob’ from his sister Mrs. Thompson
and his nephew Harold.
‘With deepest sympathy’ from Misses Gorman
‘With deepest sympathy’ from Mr. and Mrs. Caldwell
and family,
‘With deepest sympathy’ from Mr. and Mrs. McElroy, Basin Walk, Newry
‘In fond remembrance’ from the Briggs family, Craigmore.
Numerous messages of sympathy were received.
The late Mr. McGrath is survived by his wife, one son, Allan,
and two daughters, Misses Beatrice and Muriel McGrath.
Mr. W. Heslip,
Newry Reporter Saturday
19th June 1937
It is probable that the claims for damages on behalf of the dependents
of the victims of the disaster will come before the
Mr. E.S. Murphy, K.C. M.P.; Mr. A. Black, K.C., M.P.; and
Mr. W. Johnston (instructed by Messrs. Fisher & Fisher)
represented the plaintiffs, and Mr. J.C. MacDermot,
K.C., and Mr. Chambers (instructed by Mr. Robert Wallace) were
for the defendants.
THE
ALDER – LADY CAVAN COLLISION MOTION IN COURT OF APPEAL ; DAMAGES
ACTION TO START ON MONDAY 28TH JUN
The collision in Carlingford Lough on 4th April between the
Newry collier Alder and the passenger-cargo steamer, Lady Cavan,
as a result of which six persons lost their lives, had a further sequel in
the Belfast Court of Appeal on Friday 20th when Lord Justice Best and Mr.
Justice Megaw heard an appeal by the defendants in the pending claims
for damages against the order made by Lord Justice Andrews, refusing to stay
the trial of the actions.
The claims for damages on behalf of the defendants will come before the
The plaintiffs in the actions are: - Robert James Campbell and others,
dependants of the captain of the Alder and his wife; Madeline McGrath,
Rose Conlon, and Margaret Davis, dependants of other members
of the crew of the Alder; and the defendants are the owners of the
Lady Cavan, the British and Irish Steampacket Co. (1936), Ltd.
FOUR ACTIONS
Mr. J. D. Chambers said his clients were appealing from an order
made by Lord Justice Andrews refusing to postpone the trial of those
actions which were originally fixed for Monday next. There were four actions,
ordered to be tried together, arising out of the unhappy deaths of a passenger
and members of the crew of the steam ship Alder, who lost their lives
by drowning as a result of a collision between that vessel and defendant’s
vessel, the Lady Cavan. The actions were brought by persons who were
dependants of the victims and the pleadings were the same. In the case of
Campbell, who was master of the Alder – and although he and
his wife lost their lives – there is a plea of contributory negligence against
his representative alleging that there was contributory negligence on his
part leading to the disaster.
Mr. Chambers continuing said, Proceedings to fix the responsibility
for that collision were instituted in the Admiralty Division of the High Court
in London, and those proceedings came before the President of the Division
on the 5th, 6th, and 7th May this year. By
his findings, the President assigned the blame as four-fifths upon the Lady
Cavan, owned by the defendants and one-fifth on the Alder.
THE LOG BOOK
During the course of the trial the engineer’s scrap book which purported
to show very material records of speeds of the Lady Cavan was produced
and criticised by the President. As the President said in his judgment he
thought it right to institute an inquiry as to whether or not the entries made
in that log book were true. That was to say whether they were made at the time;
whether or not there had been removal of pages from that book
That book was discredited at the
Lord Justice Best – There has been no delay about this
Mr. Chambers – Certainly not.
EXPERT’S AFFIDAVIT
Mr. Chambers read an affidavit by Lt. Col. Mansfield, expert,
in which he said the book was collected on 15th June. It would
take him ten days to examine the book.
It was essential that the hand writing expert’s examination of that log
book should be carried out so that the very serious reflections on those who
testified as to that book should be removed, if possible. Recognising that that
book goes to the root of the actions – it showed the speeds at which the boat
was travelling – the experts report was crucial to the case.
Proceeding, Mr. Chambers said the expert apparently intended having
ultra violet photograms taken of the log book, and
also subjecting it to other scientific processes. The main allegation against
his client was with regard to the speed and the allegation against the Alder
was that she was carrying misleading lights.
CRUCIAL EVIDENCE
Mr. Chambers said if the expert found that if the book did not present
the appearance of having been tampered with, surely it would be a matter of
very great importance if in support of the claim, an attack was made upon
the log book. His evidence was crucial. He submitted that they must be given
an opportunity to present the evidence if it could be presented.
He (Mr. Chambers) was in this position – that if the expert found
the book did seem to show that the suspicions of the President were well founded
no attempt would be made to call another expert.
CORRECT CONCLUSION
Opposing the granting of the stay, Mr. Murphy said that Lord Justice
Andrews had arrived at a most correct conclusion on the facts of the
case. It must be conceded that to the defendants it was a matter of the very
greatest importance that at the earliest moment they should be in a position
to assert their rights.
Mr. Justice Megaw remarked that the Admiralty action was tried in
a very short time.
Mr. Murphy, continuing said there was in fact some delay between
the delivery of the statement of claim on the 7th May and the delivery
of the defence. It was on affidavit and the letters were accepted on 13th
May, six days after the judgment was delivered in the Admiralty action, wrote
Messrs. Fisher & Fisher requesting an extension of time for a week
or ten days in order to allow him to have the defence delivered. Six days
after the judgment Mr. Wallace, presumably on the instruction of his
Continuing Mr. Murphy said, that during
the three day hearing in the
PREPOSTEROUS SUGGESTION
It was perfectly preposterous, continued Mr. Murphy, to suggest
that it would take an expert a month to decide whether a page had been torn
out of a log book.
Mr. Murphy added that he should be delighted to cross-examine that
expert on the ultra violet photograms or on his
time and examination.
Mr. Chambers said there was grave danger of an injustice, and the
log book was on of the most vital pieces of evidence, and an essential piece
of evidence for his clients. Until that document and its authenticity had
been inspected, he submitted there should be no trial.
Lord Justice Best said they had two issues to decide. First – would
it materially interfere with the interests of justice so far as the defence
was concerned? And in the second place, should they interfere with the discretion
of the learned judge, who fixed the hearing of the trials for Monday.
Neither he nor Mr. Justice Megaw was satisfied that it would be
an injustice to one or other of the parties, if the trial were to go on. They
refused the application, which they dismissed with costs.
Mr. Justice Megaw concurring complimented Mr. Chambers on
the splendidly clear manner in which he had presented his case
| Remains of the Alder |  |
THE ALDER – LADY CAVAN
COLLISION; DEPENDENTS OF VICTIMS CLAIM COMPENSATION
HEARING OF FOUR ACTIONS -28th JUNE 1937
The hearing was commenced, on the
28 June 1937, before Lord Justice Andrews, in the King’s Bench Division of the Ulster High Court
yesterday of the action for compensation for the loss
of five lives as a result of the collision in Carlingford Lough, on 4th
April last, between the Newry collier Alder and the Lady Cavan,
a passenger-cargo vessel, trading between Liverpool, Newry and Dundalk.
The plaintiffs were Robert James Campbell and others, dependents
of the captain of the Alder and his wife; Madeline McGrath, Rose
Conlon, and Margaret Davis, dependents of three other members of the crew
of the Alder, and the defendants were the owners of the Lady Cavan,
the British and Irish Steampacket Co. (1936) Ltd.
Mr. E. S. Murphy, K.C.; Mr.
A. Black, K.C., M.P.;
and Mr. W. Johnston (instructed by Messrs. Fisher & Fisher)
represented the plaintiffs,
and Mr. J. C. MacDermott, K.C.,
and Mr. Chambers (instructed by Mr. Robert Wallace) were for
the defendants.
Mr. Johnston, opening the case, said defendants denied that they
were guilty of any negligence and in the case of Robert Campbell, deceased,
they said he was guilty of contributory negligence.
PLAINTIFF’S COUNCIL
Mr. Murphy said there were four actions and it had been agreed as
all the actions arose out of the same catastrophe that they should be tried
together. In the first action the claim was made on behalf of Robert Campbell.
He was a young man, aged 42, and most unfortunately on this occasion when
his ship ss. Alder was sunk his wife was on board and she was drowned
with him. Claims arose in connection with the loss sustained by the children
of both father and mother. There were four children – Robert James, aged
16; Isabella May, aged 14; Henry, aged 12 and Charles Pearson, aged 9.
Captain Campbell had a weekly
wage of £5 10s when at sea.
The second action was brought by the widow of William
Robert McGrath, chief engineer, who lived at Newry. He was
47 years of age. They had three children, Beatrice, aged 19; Muriel, aged
11; and Alex, aged 7.
The chief engineer’s wages when he was at sea were £4
9s 3d per week, and in the previous two years his earnings
were £166 and £232 respectively.
The third action was brought by Rose Conlon in respect of her husband
John Conlon, who
was a fireman, aged 52. They had two children, John, the
elder and Jane aged 19. The father earned
£3 2s per week and in the previous two years his totals were
£92 and £144 respectively.
The fourth action was brought by Margaret Davis, widow of
James Davis, second engineer, who was 48 years of age. He lived on the
Mr. Murphy proceeded to review the facts which were to be given
in evidence.
NEWRY ARCHITECT
The first witness called for the plaintiffs was Mr. S. Wilson Reside,
C. E., Newry, who stated he had actual experience at sea being an engineer
on the Headline for a time. On the 12 April this year witness made
an inspection of the ss. Alder in the position in which she now lies
in Carlingford Lough. On that date he took a number of bearings. On the 1st
May he made another inspection and took the position again. On the same day
he took the position of the buoys in the Lough and prepared a map which was
now before the jury. On the 15th June he made a further inspection,
accompanied by Mr. James Torrens, of Messrs. Fisher & Sons,
and Mr. Wm. John Press. He sailed over the course taken by the vessel.
The Carlingford Channel was a buoy channel maintained by the Carlingford Lough
Commission. The buoys bore numbers, which were painted on them. There was
a lighthouse at No. 6 buoy, called the Hawlbowline Lighthouse.
Continuing witness said that a fathom was 6 feet and a cable 600 feet.
There were 10 cables in a nautical mile, and 6008 feet in a knot. The situation
of the Alder where she is now lying was two and two thirds cables, or
1,600 feet from Greenisland. At the present time her bow was pointed towards Greenisland.
As regards the channel, she was laying two thirds of a cable clear of the
channel.
LYING IN CHANNEL
Lord Justice Andrews – Is she lying in the channel? – Yes, she is
150 feet from the North side of the channel.
Lord Justice Andrews – She was not off her course in any way? –
No.
Mr. Reside said that the distance from the Hawlbowline Lighthouse
to where the Alder now lay was about 8,800 feet. Assuming that a vessel
covered that distance in ten minutes her average speed would be 8 and two
thirds knots per hour. From No. 10 buoy to the Alder would be about
4,500 feet. If it covered that distance in 6 minutes, the sped would be about
7½ knots.
Cross-examined by Mr. MacDermott – May I take it as right that one
knot per hour is 100 feet per minute? – Yes, 100 feet.
How far is it from the Bell Buoy to where you marked the wreck of the
Alder? – Almost 10 cables.
What would the average speed in knots be? - 4¾ knots
per hour.
Can you tell me the distance between the Bell Buoy and the Upper Pine Light? – About 27
cables.
Are you familiar with the routes about the Bell Buoy? – Not outside it.
Do you know from your knowledge that vessels coming from
The Alder, when sunk, is lying clear of the channel, - She is
lying a little bit inside.
I take it she is not clear of the channel? – A little bit in the
channel.
Assuming that she was sunk where she was struck, was she on her course?
Do you agree with that? – I do.
James Torrens, superintendent engineer of Messrs. Joseph Fisher
& Sons, ship owners, Newry, stated that he had experience as an engineer
on a ship, and that he held a chief engineer’s certificate since 1904. He
produced a document which gave particulars of the Alder. On 26th
April he inspected the lamps of the Alder. There were two hatches –
one forward and one aft. When witness examines the Alder the tide was
at the low-water mark. Witness said the measurements were agreed to by a representative
of the owners of the Lady Cavan. Witness was able to give exactly the
position of the anchor light after it was hoisted.
Lord Justice Andrews – How exactly is the lamp secured in position?
– On a block with a stay.
Continuing, Mr. Torrens said that at low water mark half of the
mast and 6 feet of the funnel were visible. It was clear that the lights were
burning when the Alder sank, as the wicks were up in the burners, in
ordinary conditions, apart from fog, the light would be visible for about
a mile. The stern light was screened. Witness was with Mr. Reside on the 15th
June to take soundings, and also sailed over the course with him.
Cross-examined by Mr. MacDermott – Looking at the ship’s bow, would
one see the mast-head light a little to the left and above the anchor light?
– Yes, that is correct.
Would it be possible to see the mast head light and the stern light at
the same time in a fog? – It would be possible.
To Mr. Murphy – The actual stern light was the one produced.
The Court then adjourned for luncheon.
Wm. John Press, partner in the firm of James Maxton & Co.,
Ltd., naval architects and consulting engineers, proved a sketch showing
the beam of the lights on the Alder. The mast head light was 20 points
and the other 12 points.
Cross- examined by Mr. Chambers – Did you yourself see the point
of impact between these two vessels? – On the Lady Cavan, not the Alder.
The Alder is so designed to have no belting? – I cannot say, as I
have not seen it.
Did you make any calculation taking into account the damage done to the
vessel by the speed at the point of impact? – No, as I think that would be
impossible.
Did you examine the Alder at all? – I received reports from the
diver.
From the information did you form any conclusion that there was very low
penetration? - Yes.
In what condition was , the bow of the Lady Cavan?
– Very good, except for marks and scrapes.
You were able to form what speed there was at the impact? – I cannot say
what speed.
Did the marks on the Lady Cavan indicate the depth of
penetration? – Twenty feet on the port side.
Mr. Murphy – That gave you some indication of the impact? – Yes.
Michael O’Neill, aged 23, one of the survivors of the Alder,
stated that he was mate on the Alder at the time. He held a home trade
mate certificate, which he received in November last. The Alder had
a crew of 8 all told. The watch consisted of two on deck and two below. On
the 3rd April last they sailed from
Lord Justice Andrews – They both answer to their names, and have
whistling and bell sounds? – Yes.
Witness said that the captain was on the bridge when they got to the Whistling
Buoy. Witness called for the captain as he had been told to do, and he came
on deck at 3am. At the Whistling Buoy they became aware of the presence of
another boat at anchor, and he saw the anchor lights and heard the bell. They
found that it was the Lady Cavan. They exchanged signals with her,
and she indicated where the whistling Buoy was.
After passing the Whistling Buoy the weather cleared and they proceeded
towards the entrance to the Lough. They entered the Buoy Channel. Witness was
at the wheel. They passed the Hawlbowline Lighthouse about 3.45am. Coming up
the channel to the Hawlbowline Lighthouse the visibility was clear.
Lord Justice Andrews – Was that bout the point when you changed
your course? – Yes.
REDUCED TO SLOW
Proceeding, witness said they
later reduced to ‘slow’ and continued. Witness and Cahoun went forward.
They let down the anchor at 4.5am. with 30 fathom
lengths of chain. It was a very calm night. After he let down the anchor he
rang the bell. As it was a calm night the bell should be heard at a distance
of about a mile. After witness rang the bell he saw
Lord Justice Andrews –
Was the tide not strong to make her head down the channel? – The tide was
not strong.
Continuing witness said he
rang the bell again.
Lord Justice Andrews –
What time did you continue to ring it? – About a few seconds.
Resuming his evidence, O’Neill
said he rang the bell a third time. The first witness saw of the Lady Cavan
was when he noticed the two mast head lights and the two sidelights. As compared
with their ship, the Lady Cavan would be on the port side. The Lady
Cavan would then be about 500 feet away. Witness said he could see her
red and green lights. He heard a signal, one sharp blast from the Lady
Cavan. They heard no signal from her previous to that. ‘The Lady Cavan
appeared to be coming head-on for us’ proceeded the
witness. The Lady Cavan seemed to be altering to starboard. He next
heard someone on the Alder shout to the Lady Cavan: ’Go astern,’
and someone on the Lady Cavan answered: ‘Wee are going astern.’ The
Lady Cavan did not continue to go to starboard and came back again.
The Lady Cavan struck their boat about the middle of the after-hatch
on the port side. It was pretty heavy blow, and the witness thought she would
doing about 4 or 5 miles an hour, when she struck them.
After the Lady Cavan
struck them their boat (the Alder) listed to starboard.
Lord Justice Andrews –
Were the two boats interlocked after the collision? –No.
Lord Justice Andrews –
What did you think made her heel to starboard? – The blow.
THREW A LINE
Immediately after the collision witness proceeded the Lady Cavan
backed out from them again. The Lady Cavan threw the Alder a
line. After the collision witness could not see the Alder swinging.
He tried to get a lifeboat out but was unable to do so. He tried to get out
on the port side, but she heeled over on the port side. The Alder sank
within about four minutes from the time she was hit by the Lady Cavan.
All hands were on deck at the time of the collision. The captain’s wife was
also on deck. Cahoun,
Cross-examines by Mr. MacDermott – You say that at the time of the
collision all hands were on deck? – Yes.
The time you let go the anchor who was with you?
– The skipper, Cahoun and myself.
No other person before that? – Not that I know of.
Was
You remember the night you came to the Whistling Buoy and you hailed the
Lady Cavan? – No, she hailed us.
At the time she hailed you could you have been bound for
At the time you saw the Lady Cavan you had not seen the Whistling
Buoy? – No.
How far were you away from the Whistling Buoy when the Lady Cavan
hailed you? – I cannot exactly say.
Did you whistle passing the Lady Cavan? – No.
How long was it after you left the Whistling Buoy before the weather
began to clear? – Scarcely five minutes.
Did I gather from your evidence that you had good visibility down to No.
6 buoy? – Yes.
Did you vary your speed passing the Lighthouse? – No.
Were you able to see the lights on Greenore? – No.
All you had to navigate by were lights? – That was all.
What time did you say it was when you dropped anchor? – Approximately
4.5am.
Are you a bit confused about your time regarding this? - No.
Did you tell the Master of the Lady Cavan that you were ten or
fifteen minutes anchored before the collision? – No.
Would you swear to that? – I would.
If there was any vessel close after you from the Whistling Buoy would
the stern light of your ship be visible? – Oh yes.
Mr. MacDermott then turned to the body of the Court and asked a
man named Millar to stand up, and pointing towards him, he asked the
witness –
Had you any conversation with this man on the Lady Cavan? – Yes.
Did you say anything to him about the time you had been anchored? – No.
Where had you the conversation? – With Mr. Millar on the deck.
Continuing, witness said they were anchored about five minutes before
the collision took place. There was no doubt that the anchor light was showing
at the time.
Mr. MacDermott – Why did you not take the masthead light down? –
We looked around for other lights.
I suggest to you that you thought that you were satisfied that there was
no other ships coming down on you and that you might as well let it stay there
until you moved off again? – No, no.
To Mr. Black – There was nothing suggested to him about the conversation
with the Master when at the
The hearing was adjourned until 11 o’clock on Tuesday morning.
TUESDAY’S HEARING
James Hollywood said he had been ten years in the Coastal Service. Previous
to joining the Alder witness said he had been on the ss. Pine
for six months. He was a lamp trimmer. He was called about 3.45a.m. and got on deck shortly after4 o’clock. There was a thick fog,
and the boat was stopped. The anchor was let go as he went on deck. Witness
lit a candle and got the anchor light out of its position and lit it. He carried
it to the forecastle head. While he was hoisting the light he saw O’Neill
who was ringing the bell. Witness saw Cahoun. He was` leaving the forecastle
head to take in the side lights. Witness had the anchor light in position,
and was looking around to see if he could notice anything. He saw two masthead
lights and the port light of a boat, the Lady Cavan. It was heading
to the port side of the Alder, and was about 500 feet away from the
Alder. When he first saw it witness did not see or hear anything from
the Lady Cavan, but as she was coming towards them he heard one short
blast of her siren. That was the only signal he heard from the ship. The Lady
Cavan seemed to alter her course to starboard and straighten up again.
Witness heard someone shout on the Alder ‘Go astern’ and a reply came
form the Lady Cavan, ‘We are going astern’. After the collision the
Alder heeled over to starboard. The Alder sank in about 3 or
4 minutes after the collision. The crew were thrown into the water, and witness
was one of the three picked up.
Cross-examined by Mr. MacDermot, witness said he
did not hear any person being told to bring in the stern light. He agreed that
the wrong lights would mislead.
Wm. Cahoun seaman on the Alder said he had about 4 years
experience. His watch on this day was from 12 midnight to 4a.m. The mate was
also on watch. Sometime during that period witness called the master, and
towards the end of the watch went down to call the next watch. That was about
3.45a.m. and
After that witness went back on deck and when the time came to let go the
anchor the witness went forward to the forecastle, O’Neill going also,
witness took the stoppers off the port anchor and the anchor was let down.
That was shortly after 4 o’clock. Witness then went down to the bridge to
take in the side lights and noticed
To his Lordship – The Lady Cavan never appeared to slow down
at all.
Cross-examined by Mr. MacDermot- It was clear that
night that there were clear patches and very bad patches of fog? – It cleared
up after we left the buoy. The weather was bad when we anchored.
The masthead light should have been taken down, and also the rear light?
- Yes
You must have known that you were anchored in the channel? - I did not
know.
You passed No. 10 buoy?-I did not know whether we had or not.
Are you quite sure? - I saw the anchor being got ready
When you saw `lights did you know that they were lights of a vessel? - I
did.
If that vessel has stayed where she was without going to port side,
would she have cleared you? - I think she would.
Mr. Justice Andrews- In
In further cross-examination, witness agreed that when anchored in fog
it was essential to get the proper lights up at once.
Mrs. Madeline McGrath, widow of Wm. Robert McGrath, who was chief engineer
on the Alder, said her husband was 49 years of age. She could not say
what her husband’s weekly wage would be.
Mr. Black said the deceased’s earnings were April, 1934 to April 1935, £166 14s
6d; from April 1935 to April 1936, £222 13s 6d and from April 1936 to April
1937, £232 1s.
Mrs. McGrath continuing
her evidence said that out of her husband’s wages
she received £2 1s per week. Out of that she paid the rent and kept the house.
When the ship was laid up he was on a smaller wage and paid her 35s per week.
Witness had three children.
The eldest named Beatrice
Gwendoline, who
was 19 years of age. She had not been working since her father’s death. Prior
to that she worked in a mill in Bessbrook and received 17/4 per week. She
had to pay for stamps out of that. Witness’s second girl, Muriel
Elizabeth, was
12 years old and was still at school. Her son Allan
was 7 years old and was still at school. Her husband on the last occasion, had been nearly three years with Messrs. Fisher, and before that he was employed by Messrs.
Kelly for about 12 years. Previous to that again he was with Messrs.
Fisher for 18 years.
Cross-examined by Mr. Chambers- Was your husband off work
for a year? – No; he was off from January to June.
He was not earning anything? – No
When he was not at sea he was at home? – Yes
And he had to buy his clothes? – Yes
He had to have clothes? – Yes
There were weeks when he only gave you 35s per week? – That was when the
boat was tied up.
Lord Justice Andrews – Did he pay you out of the £2 10s or out of his
money? – Out of the balance.
Did you send your daughter away after the unhappy accident occurred? –
Yes
She is getting the bureau? – Yes; 12s per week.
Mrs. Rose Conlon, widow of John Conlon stated her husband was
50 years of age and she was 52. Her husband was a fireman on the Alder.
Mr. Black gave particulars of her husband’s earnings as follows – April, 1934 to
April, 1935, £1337 4s; April, 1935 to April, 1936, £92;and from April, 1936 to
April, 1937£144 1s; a total of £373 5s.
Mrs. Conlon, proceeding, said her husband was with Messrs. Fisher
for ten years. Her husband’s weekly wage was £3 and he gave the witness £2
per week. Out of the amount her husband gave her she paid the rent of the
house. Witness had three children. The eldest of the family was Mary Rose,
who was married and lived with her husband at Warrenpoint.
The boy John, was aged 20 years. At the
time of witness’s husband’s death John was working in
After his father’s death he came home and did not go back since. Her daughter
Jane, aged 17 years worked in Dromalane Mill and earned £1 per week.
Out of that she gave witness 17s 6d per week.
Mr MacDermot did not cross- examine.
Mrs. Margaret Davis, widow of James Davis, who was second engineer
on the Alder stated her husband was 46 years of age. He earned a set
wage of £3 11s 6d per week.
Mr. Black gave particulars of deceased’s wages as follows: - .April, 1934 to
April, 1935, £155 14s; from April 1935 to April 1936,£176
11s 6d; and from April 1936 to April 1937, £117 11s 6d, making a total of £467
17s.
Witness had three children – all girls. The eldest girl, Rita, was 19 years
of age, and was employed as a stitcher in Messrs. Thompson’s
Mr. MacDermot did not cross-examine.
Charles Campbell, merchant, Kilkeel and brother of Robert Campbell,
master of the Alder, stated that his brother lived at the Moor, Kilkeel,
about a mile outside Kilkeel town. The deceased was about 40 years of age.
His wife Kathleen Campbell, who also lost her life.
She was 37 years of age. Witness was well acquainted with the circumstances
of his brother’s family. As far as witness knew, his brother earned about
£5 10s per week.
Mr. Black gave particulars of the deceased’s earnings as follows; - 29th
Nov 1934 to April 1935 £61 13s; from April 1935 to April 1936 £171 19s 6d;
and from April 1936 to April 1937, £280 10s. Total £514. 2s 6d.
Mr. Campbell continuing his evidence, said
that his brother was at home for a short time, and previous to that he was
with Messrs. Kelly. His brother had 4 of a family, and the eldest was
a boy, Robert James, aged 16. Robert James had left school about
12 months ago. The second child was a girl, Isabella, aged 13 years,
and was still at school. The third child was Henry Louis Wilbert, aged
9 years. The youngest child was Charles aged 7 years. All those children
had lived with their father and mother. The three boys now lived with witness’s
father , and the little girl with his (witness’s)
sister. The family was entirely dependent on the father’s income.
To Lord Justice Andrews – His late brother’s wife had no income of her
own.
Mr. MacDermot did not cross-examine.
CASE FOR THE DEFENCE
Mr. MacDermot, before the jury took their
seats after the luncheon interval, asked his Lordship for a direction,
that in the claim of Mrs. Campbell there was no case to go to the jury.
So far as her death was concerned, however lamentable it might be, there was no
evidence of any prospective or actual pecuniary loss as a result of her death.
In the case of the master of the Alder, they pleaded that he was guilty
of contributory negligence. He was on the bridge either upper or lower for some
time – at least 5 minutes before the collision, and gave one order at least. He
submitted that while the ship was at anchor she was showing wrong and
misleading lights. The onus was on the plaintiffs to show that the lights were
not conducive to the accident. The Alder had anchored showing the wrong
lights. It was admitted by at least two witnesses that the lights of the Alder
were lit, and it was a matter of importance that the proper anchor lights
should be exhibited. Particularly so if the night was foggy,
and further, that the vessel was in the fairway.
It was also admitted that had the Lady Cavan taken the last turn
to port she would have cleared. It emphasised the importance of the strict
observance of the rule of anchoring, and that the proper lights were exhibited.
He submitted that the onus was thrown on the plaintiffs, and that the breach
did not contribute to the accident.
Mr. Murphy said that the
His Lordship – Gratuitously, also.
Mr. MacDermot – If a housekeeper had been
engaged it would be a loss, as pointed out by Mr. Murphy, but since it was not
there was no loss, as the children were at present staying with friends.
His Lordship said he would reserve a decision in the application,
and Mr. MacDermot could renew it later.
Mr. Murphy – In regard to the second part of Mr. MacDermot’s
submission, he said the Alder’s signals should have been heard some
distance away, and the Lady Cavan should therefore, have exercised
caution.
Mr. MacDermot said he proposed to stand on
his submission and call evidence in respect of the other three cases.
Mr. Murphy said he actively opposed the attitude taken by Mr. MacDermot, and submitted that all four cases be taken
together he should not now deal with three out of the four.
ADDRESS TO JURY
Mr. MacDermot, addressing the jury, said it
was his duty to state for the defendants in the four actions, who were the
British and Irish Steampacket Co., owners of the Lady Cavan, this was a
matter of importance, not only to traders generally, but also, to the owners of
the Lady Cavan and to the captain of the vessel.. The accident resulted
in the sad loss of the lives of several people who were breadwinners. He did
not wish to say a harsh word, but wishes to sympathise with those who were left
behind. However, he did not wish, and would ask the jury not to be persuaded by
his sympathy. They would also see that the owner of this vessel, the Lady
Cavan was a man with a career who also had a crucial point. So far as he
was concerned, he was not going into that matter, at any length. The damages
could not be measured to make up the loss of life. There was, however, damage
for the pecuniary loss, which had been reasonably anticipated. If they could
measure the loss it would be according to the figures of the earnings.
The question was, was the Lady Cavan
navigating negligently, or in a manner as to contribute to the loss. He asked
the jury to keep matters of technical expressions such as starboard and port
etc, from troubling them and appealed to them to keep in mind that this was an
accident caused by two ships in the fairway going to Newry at night.
One had to go by lights one saw, and he submitted that the only course
the jury could adopt was that the Alder’s lights were misleading.
It was characteristic of that night’s fog that it was very patchy. He
thought they could come to the conclusion that the eyesight on one side was as
good as on the other.
The first witness called for the defence was John Gallimore, captain
of the Lady Cavan, who stated that he had been at sea for 26 years
and had held a master’s certificate for 10 years, He held various pilot licences.
He had been master of the Lady Cavan for two years. The Lady Cavan
ran from Liverpool to Newry on Saturdays and from Liverpool to
Witness said they left
They told the Alder of the whistling buoy. The Alder did
not tell them where they were going. She was about 150 to 200 feet on the
starboard side. Witness heard a bell ringing and it was that of the Alder
approaching. They weighed anchor and proceeded up the Lough. He saw all the
buoys going up as far as Carlingford Lighthouse, and having seen them, they
went full speed. They did not continue at full speed all the way. They could
see the light on buoy 10. After they passed No. 10 buoy the fog seemed to be
getting thick again with wisps of fog coming over the masthead. He had his full
complement of men on deck at that time. Witness said he passed a remark to the
other men on deck that the fog was setting thick again, and he put the
telegraph to slow. That was at the No. 10 buoy. They had up the ordinary
underway lights. The visibility did not appear to be bad, so they intended to
get up and get to anchor. When they came to that decision they had reduced to
slow. They kept up to slow speed to just before the collision.
When they first sighted the Alder she would be about 500 or 600
feet away. At the time they sighted her they were doing about 4 to 5 knots.
They saw two white lights, one a little to the other. Witness made those lights
to be about two points on the port bow when they first sighted them. If the
lights had been what he thought they were he would have gone quite clear. He
did not change his direction at all, but kept his course and speed. He gave a
short blast on the whistle. After he saw the Alder’s lights he heard the
bell. That was the first time he heard the bell, and it was in answer to his
whistle. The third light was sharp on the port side as though it was a bit
finer on the bow. Witness’s boat passed No.10 buoy and they expected to see No.
12 buoy. It had a big bright white light. The two officers on the bridge and himself agreed that they could go between the buoy and the Alder,
and he gave the men the order to go hard to port, and go between the ship and
the buoy. He also gave the signal to the engines to go full speed in order to
swing quickly. The next thing they observed was a light and they knew that it
belonged to the Alder and not the buoy. He was about 200 feet away when
he recognised the Alder’s bow.
He ordered the engines to go hard astern and gave the double ring for
urgency, but unfortunately it did not bring the ship round, and she struck the Alder.
Witness said he never deviated out of his course until he went hard to port.
He put his ship hard to port to make her swing quickly but the distance
was too short and it did not counter it. They hit the Alder at right
angles. He thought the impact was not that severe as to knock them off their
feet.
They could not do anything to avoid the accident but if the Alder
had even the stern light in she would have been afloat today, and they would have
got clear of her. After the collision they did their best for the Alder
and its crew. The survivors of the Alder were taken on their boat into
port.
WEDNESDAY’S HEARING
The hearing was continued with the cross-examination by Mr. Murphy
of John Gallimore, master of the Lady Cavan.
Did you know whether you had a man on the look-out forward? – Yes
I put it to you that you asked the mate that question and he answered
‘yes’ – No
When did you ask the mate if there was a man on the look-out? – After we
slowed down I asked him.
That man’s duty would be to report what he sees,
and especially lights at night? – Only in foggy weather.
Did you on that night receive any report from the man on the forecastle
head?- No
Would I be right to say that that man had no idea of his duties? – He
was only temporary, and had been with us for six days.
Then he would have no idea? – He would have some idea.
I put it to you in view of the answer you gave in London, that the
look-out man had no idea of his duties? He would have some idea.
Did you say in
And the President asked you if you had found that out before, and you
answered ‘yes’? – Yes
And you said that when he passed the buoys you had no faith in him as a
look-out? – It was the first time he had been on the look-out in foggy weather.
Do you remember him saying how many times he heard the Alder’s
bell ring? – Yes, four times.
And no report- No
You yourself heard the bell once? – Yes
Rather unfortunate that you did not receive a report from the look-out?
– I could hear it as plainly as him
Yet you heard it only once?- Yes
According to you, you could not see a man on the forecastle head? – No
You answered a question that the bridge of the Lady Cavan was a
little forward of amidships? – Yes
You remember making a report to your owners? – Yes
Did you report to your owners that the seaman was on the forecastle head
getting the anchor ready? – Yes.
Why did you report that to your
owners if he was on the look-out? – That was part of the mate’s answer to me,
that there was a look-out on the forecastle head, and that he was getting the
anchor ready.
He told you he had reported seeing the Alder? – Yes; sometime after
the collision.
You said he did not report seeing the Alder? – No, sir; I said I
did not hear him.
At what time was it you passed the Hawlbowline Lighthouse? – About 4.5am.
And how do you fix that – I keep my own time
What time did the collision occur? – At 4.15am.
And you kept it? – Yes
You heard that the distance between the Hawlbowline and the spot where
the collision occurred was 14 cables
What time did you pass No. 10 buoy? – About 4.9am.
I take it that you are not sure of the time? – Only a second or so out.
Was it from what you were told by the engineer that you are fixing the
time you passed No.10 buoy? – Yes
What was your average speed between the No. 10 buoy and the Alder?
– I have not worked it out.
There was one engineer on duty? – Yes
Then I put it to you that you did not reduce to slow until practically
the point of impact? – I definitely reduced at 4.10am.
Because you were looking out for buoys you did not record the order? –
Yes
No. 12 buoy should be seen to your starboard? – Yes
Do you agree with me that, according to the chart of Carlingford Lough,
the tide is running straight up the channel? – That is not correct.
How? – It is local knowledge that the tide sets to starboard.
That morning was there any such tide as would lead you to expect that
you would be taken inside No. 12 buoy? – Not on the tide. But you cannot rely
on the buoys.
To Lord Justice Andrews – They drift or be
washed away.
Are you telling the members of the jury that No. 12 buoy might have been
moved by the wind? – No
Was the visibility about 500 feet before you saw the lights? – Yes
You knew it was pretty dense fog? – Yes and getting worse.
There was practically no wind? – Yes there was a slight breeze.
Might I suggest to you that under the conditions you could not see what
you took to be No. 12 buoy? – Not according to visibility.
You were approaching the Alder on the port side? – Yes
And you had seen the masthead light on your port bow? – Yes
Would you agree with that approaching the Alder as you did you could
not see the stern light, but only a reflection in the fog? – From the way
the Alder was lying, yes.
It is correct to describe the Lady Cavan as very contrary? – That
is in a tideway.
You say you wanted to go to the anchor? – Yes, to the westward.
Were you intending to pass the stern of the ship? – Yes leaving the Alder
on the port side.
Even on your assumption, it is prudent to give lights in a fog a wide
berth? – No, I thought we were going to clear.
To Mr. Chambers – The look-out was a man called
To his Lordship – It was high water that morning about 4.9 or 4.11. The
tides in Carlingford Lough were pretty strong. The light he saw was definitely
a clear third light. John Joseph Higgins stated that he was chief officer
on the Lady Cavan, and had held that position for four years. He held
a home trade certificate for 18 years and had been going to sea for 26 or
27 years. He also held a pilot’s certificate for Carlingford Lough. Witness
had been trading from
Witness was on deck at that time and hailed a ship, and later they
discovered that that ship was the Alder. They told the Alder
where the whistling buoy was. They weighed anchor about 20 minutes to four, and
at that time the weather had cleared. They then proceeded to enter the Lough,
as they did so the visibility was good. They were going along at various speeds
up the whole way. As they were passing No. 7 buoy the weather was clear, but
the fog was closing in. They passed No. 10 buoy on their starboard side in the
ordinary course of navigation. When they were passing No. 10 buoy the speed was
reduced to slow.
At that time the master, the second mate, and himself were on the
bridge. After they reduced speed they did not make any sound. Shortly
afterwards they gave the ordinary fog blast , and
after that they saw two bright lights on the port bow. Witness said they took
the lights for a ship at anchor. He could not say exactly how far away the
lights would be.
After he saw the lights they saw a low white light and took it to be a
buoy light.No.12 buoy was not a winking light. They saw this light on the port
bow.
The Lady Cavan intended to go for anchor, as they thought it was
getting foggy. After they saw the third light the captain gave the order to
port, and before that they did not alter their course to starboard. When they
put the engine to go astern they would not be more than 400 or 500 feet from
the Alder.
Cross examined by Mr. Black, when you passed No. 7 buoy it was getting
foggy? – Yes.
I think you said in your deposition that the fog was getting thick? –
Yes
When you got to No. 10 buoy, the fog was definitely thick? – Not a dense
fog.
You have told us that you saw a couple of ship lengths ahead? – When we
passed No. 10 buoy they could see one ship’s length.
Do you agree with me that when you have a visibility of only a ship’s
length, you should have stopped as a seaman, do you think that is so? – Yes
You will agree that in fog such as the one experienced it would be
essential to have a look-out? – Yes
When you weighed anchor you placed
You could see
Anyone on the bridge could see him moving about? – Yes
There was nothing to obstruct your view? – No
Did
To his Lordship – His (witness) hearing was good, and if
Mr. Black resumed his cross-examination.
How many times did you hear the bell? – I did not hear it at all
How can you explain that? – I don’t know.
So you were within a length of the Alder when you saw the light?
– Yes
Assuming that the engines had been altered to slow, what is your slow? –
3 or 4 knots
How far does it take to reduce speed? – I could not say that
This light that afterwards turned out to be the stern light of the Alder,
was it a clear light or a dim light? – It was a clear light.
If you got No. 10 buoy on your port bow, where would you be heading for?
– Outside the channel.
Thinking that was No. 12 buoy, did you put the helm to port or hard to
port? – To port.
What was the captain’s order? – I would not say.
You were navigating then into a space of 100feet in breadth? - Yes
To Mr. MacDermot – When they put their
vessel to stern, the Alder was about 500 or 600 feet away. He could
not exactly say what
James Hollywood said he was second officer on the Lady Cavan.
He held a master’s certificate from 1930. When they came to anchor outside
Carlingford Lough he was on the watch below. Witness was called at 3.45am. and the boat was then under way. Witness remembered the No.
10 buoy. After passing the No. 10 buoy they reduced to slow and gave a blast on
the whistle. The weather was getting thicker as they were going on. Witness
sighted two lights port bow about 500 or 600 feet away. From the position of
those lights he took it that it was a ship at anchor. He saw a third light,
which he took for No. 12 buoy. The captain ordered the ship to go aport and the
engines to go full speed astern. After their whistle the witness heard the Alder’s
bell. Witness only heard the bell once. He heard someone on the Alder
shout ‘Go astern’ and he heard someone on the ship reply ‘We are going astern’.
The collision was not a violent one.
Cross-examined by Mr. Murphy – the gentle collision sank
the Alder in five minutes? – Yes
Had you a man on look-out? – I did not know.
You never heard of him being on look-out? – Never heard.
You did not ascertain whether there was a man on the look-out? – That
was not my job.
If the look-out man was standing on the bridge could he see a man on the
forecastle head? – I could not.
James Millar, A.B. helmsman on the Lady Cavan, said he took
the third light on the Alder to be buoy. After he saw the third light
the vessel was ordered hard to port, and the engines full speed astern. At the
time of the collision he would estimate the speed of the Lady Cavan to
be 3 or 4 knots. Witness had a conversation with the survivors on the deck of
the Lady Cavan and one of them said they had been at anchor for about
ten minutes. He could not say who said it.
Cross-examined by Mr. Black, witness said he saw no sign of fog until they
got to No. 10 buoy. After that the fog was getting thicker.
Charles Edmund Roffey, a member of the Naval Institute of Architects and a
member of the
Cross-examined by Mr. Murphy witness said that since the
case came on he had discovered that the screening on the Board of Trade lamp
was not very effective. He made a careful investigation of the marks on the Lady
Cavan and was able to judge the speed of the Lady Cavan at about two
knots.
This closed the case for the defendants, and Mr. MacDermot
renewed his application for a direction in the
Lord Justice Andrews said he had considered the matter
overnight, and he had come to the conclusion, with a view to preventing the
possibility of a new trial and of the expense that would be attendant on
bringing it again before a jury, that the safer course to adopt was to allow
the Campbell case to go to the jury with the others.
In summing up the case for the defence to the jury, Mr. Chambers said
they had listened to all the evidence and they asked their permission to go
through the evidence so that he might have full claims brought by the
defendants of the crew of the Alder against the owners of the Lady
Cavan. The plaintiffs had set out to prove that it was the fault of the Lady
Cavan that the unhappy members of the Alder lost their lives.
The earnings of each of those for the three years prior to the loss had
been submitted. They had no figures for the captain’s wife and there was no
evidence at all that the captain’s family had suffered pecuniary loss as a
result of the death of their mother. They had evidence of the captain’s
earnings. He submitted that in the case of Mrs. Campbell there should be none
at all as to the other cases.
The question of damages was up to the jury. They were asked to assess
the pecuniary loss that the persons had suffered, and that meant how much money
the people had lost through the loss of life. They were not entitled to damages
for feelings or bereavements. They had to find for the pecuniary loss how many
months of the year the men had been employed. They were not to say that the
people were not to be treated in a fair way, and he wished them to be treated
fairly.
Mr. Chambers continuing, described how
the Lady Cavan was in the fog and had anchored and how the Alder
had passed her. How was it to be proved, he said ,
that those on the Lady Cavan were not taking care of their ship. They
were at anchor and the Alder moved past them.
The Alder was lying in the middle of the fairway and in The Lady
Cavan then proceeded up to No. 10 Buoy and came to anchor. Did they think
from the evidence of O’Neill and Cahoun that the Alder had any
idea where they were?
The Alder was lying in the middle of the fairway and in what they
themselves admitted was a dangerous position. Surely
they knew that the Lady Cavan was following them up to Newry, and that
they had passed her before. The Alder was guilty of negligence in coming
to anchor on a course for other shipping, and the Lady Cavan in particular.
She should have regularised her position with regard to other seamen coming
along. It was also important that she did not erect the proper lights. Mr.
Chambers pointed out that if a motor car on the road had its right
head light out, and another vehicle crashed into its radiator, it would be
due to the left light giving a wrong impression that that side of the road
was clear. The Alder, therefore, should have been showing regulation
anchor lights. Surely they did not believe that the Lady Cavan had
deliberately crashed into her. He submitted that it was for want of care on
the part of those on the Alder that caused the accident. The speed
of the vessel did not enter into the question at all, as the Lady Cavan
went full speed ahead in order to clear the Alder. There had been no
negligence on the part of the Lady Cavan, and the captain of the Alder
had ignored the anchor lights that were necessary for other vessels at sea.
THURSDAY’S HEARING
Mr. Black, in summing up for the plaintiffs, said that defendant’s counsel had
raised the point about the look-out. That was negatived by common-sense. When
they were dealing with possibilities that might happen in a ship’s length the
distance from the forecastle head to the bridge – about 60 feet – was vital and
it was not for counsel to say that there was no call for a look-out on the
forecastle head when there were four men on the bridge.
One of the questions put by Mr. Murphy to the captain of the Lady
Cavan was, did he think it necessary to have
a man on the look-out? The captain answered ‘Yes’.
The mate and the second engineer of the Lady Cavan agreed that it
was necessary to have a man on the look-out, so that all the officers agreed
that a look-out was necessary for sound seamanship to have a man on look-out.
Yet the men on the bridge of the Lady Cavan got no report from
‘What sort of seamanship was this’ went on Mr. Black, ‘and what
sort of organisation was that’.
The captain did not see the look-out at all, and the second officer never
knew about him until after the collision. What kind of way of observing the
prime necessity was that? Those on the Lady Cavan did not discharge
their duties by putting a fellow up on the forecastle head who knew nothing
about his job. The captain said that
A MAIN ISSUE
One of the main issues of the action was obviously that a proper look-out
be kept and if that was going before the jury surely the man who was put there
to keep a look-out was the most important man to have in court? But that man
was not in court, and was not put in the box. He (Mr. Black) was sure
that the jury would supply these things for themselves.
The Lady Cavan’s captain said he did not hear the bell once, the
mate that he did not hear the bell even once, and yet the look-out said that he
heard the bell four times, and he submitted that they were afraid to put the
look-out in
the witness-box because he would corroborate the
plaintiff’s case. He would demolish the defendant’s case.
Proceeding, Mr. Black said there was not the
keen, alert concentration on the Lady Cavan that there should have
been. He put it to them that
none of them on the Lady Cavan was keenly keyed up as they ought to
have been going into that fog. He put it to them that they went blundering
along into the fog not thinking that anything might happen, with no look-out
– and worse than no look-out. Dealing with the speed of the Lady Cavan,
he said the duty of a ship in a fog was to go with the greatest possible caution.
Certainly on that night they could not see far. Some of the witnesses put
the visibility at 500 feet, and the maximum was three ship’s lengths. His
witnesses estimated the speed of the Lady Cavan at four or five knots.
It was difficult for them to gauge exactly what the speed was, but in any
case it was substantial speed. He relied on the evidence of the other side.
The captain of the Lady Cavan in the witness box professed to give
them exact times. He said he passed the lighthouse
at five minutes past four, and the time of the collision was fifteen minutes
past four. That represented an average speed of 8 knots.
It was 1,500 yards from the No. 10 buoy to the collision and that was
covered in six minutes, representing an average speed of 7½ knots- their own
figures. He submitted that they were driving into that fog with the greatest
carelessness and negligence, at an average speed of 7½ knots.
‘NOT PRODUCED’
Continuing, Mr. Black said on the issue of the look-out, that they
had not produced the man who could have told them about the look-out and on the
issue of speed they had not produced the man who could have told them about the
speed.
One of the questions to be put to the jury would be: Was the captain of
the Alder guilty of negligence? They had to consider was any failure to
have the proper lights on the Alder the cause of the accident?
Defendants said they had been misled by the Alder’s lights, but he put
it to them – was it a story that hung together? He suggested they could not
have been misled by the lights as they could not have been near the No. 12
buoy, which, they said, they mistook for one of the lights.
He said the
Lady Cavan was completely lost, and had not been keeping an alert look-out.
If the lights of the Alder had been misleading, could not the Lady
Cavan have avoided the collision? He suggested that she could.
O’Neill, mate of the Alder, said, he struck the bell three
times.
There was then the question of the amounts to be awarded. No doubt, some
of them might have considered the question of widow’s pensions for the three
widows, but under the Act, the jury, when assessing damages in fatal accidents,
must leave that question of our calculation, and dismiss the thought of
pensions from their minds.
WIDOW IN TEARS
During the concluding stages of Mr. Black’s speech one of the widow’s
was led from the court in tears.
In his charge to the jury, Lord
Justice Andrews said
he was sure they wearied with the evidence of the three days’ trial, and which
they had listened to with exemplary patience, and during which they had travelled
up and down Carlingford Lough with both defendants and plaintiffs and with
counsel in their very interesting and helpful speeches. In the circumstances
he did not wish to address any prolonged review of the facts. The jury were
the constitutional tribunal. This
had been an appalling tragedy and one which was very tragic and he thought
they would come to the conclusion that the accident would not have occurred
had both parties exercised the proper care. The plaintiffs, as
could be naturally understood blamed the defendants and the defendants
blamed those in charge of the Alder. The sole question they had to
determine was whether one or other of the ships were responsible and whether
both were responsible. Let him give them a bird’s eye
view of the cases. Questions in relation to the cases had to be determined
with regard to John Conlon,
Wm. McGrath and James Davis.
In those three cases they would have precisely the same issues to
determine, except in regard to the amount of damages.
There was no question of negligence on the part of those men, who were not
in command, and who were not in any way responsible for the
orders of the master. There was no suggestion that any of the three men were
guilty or negligent by refusing to carry out any orders that
might have been given, and which, if carried out, might have avoided the disaster.
THE SAME ISSUE
The other case was sub-divided into two parties – one the case of
Kathleen Campbell, wife of the master of the Alder.
As far as she was concerned, precisely the same issue arose
in her case. She had nothing to do with the navigation
of the ship, and if her husband was guilty of negligence she had nothing to
do with it.
The captain of the Alder. He was master and
was in charge, and if the Alder was guilty of negligence he must accept
responsibility. The question which he would put to them would be to find out
whose negligence had caused the collision?
The first question he meant to put to them was: Were the defendants
guilty of negligence?
The meaning of that was, were the defendants guilty of negligence which
had directly caused the accident?
If they answered that question in the negative the case need not go any
further because if the defendants were not guilty they were under no liability
and no question would have to be considered.
The second question was : Was Captain Campbell
guilty of contributory negligence, as that was negligence that affected only
Captain Campbell. If they came to the conclusion that the defendants
were guilty and that Captain Campbell was not guilty of negligence
that would put an end to the third question.
The third question was: If both were guilty (a) could the defendants
have avoided the consequences therefore, and (b) could the master of the Alder
have avoided the consequences therefore? The question was put for the
purpose of ascertaining which was really the responsible party, and could
either have avoided doing so?
Suppose there had been no fog on
that night and that the Alder was lying in the fairway suppose the
Lady Cavan had been coming along and seen the Alder anchoring
with proper anchor lights, or even with wrong lights the Lady Cavan
would have no right to go on merely because the Alder was negligent.
It was the duties of every one of them, as citizens of the Kingdom, whether
on land or sea, to avoid causing accidents.
A DUTY
Continuing, Lord Justice Andrews said another question
was: Were the defendants guilty
of negligence? Unquestionably there was fog, and as Mr. Black had told them
it was the duty of those in charge of vessels in such circumstances, to see
there was a proper look-out, and to see that the ship proceeded at reasonable
speed, having regard to the circumstances existing. Plaintiffs
alleged negligence on the part of defendants in two respects – the first a
matter of look-out and the second a matter of speed.
Lord Justice Andrews stressed
the importance of observing the navigation regulations and quoted several
rulings on the subject, and said it was the duty of vessels to observe the
regulations. He proceeded to deal with the matter of look-out on the Lady
Cavan and quoted the following’ As to look-out, if the ship is proved
to have been negligent in not keeping a proper look-out she will be held answerable
for all reasonable consequences of her negligence….’ If that duty had been
interpreted in the manner indicated it would appear that the look-out must
be a vigilant and efficient man. Evidence given by the principal witness – Capt. Gallimore – on behalf
of the defence in his cross-examination contained many statements which appeared
to be considerably material.
Continuing, Lord Justice Andrews, read extracts from the cross-examination,
and said it was a matter for the jury under the directions he had given to
say whether the captain,
the mate and the assistant on the bridge were a sufficient compliance with
the obligations to
provide an effective look-out.
The second and serious allegation
of the defence was a matter of speed. The article which dealt with speed was Article
16, and it reads
as follows:- ‘Every
vessel shall, in a fog, mist, falling snow, or heavy rainstorms go in a moderate
speed, having regard to the existing circumstances and conditions.’
Whether they were considering the case of the negligence of the Lady
Cavan or the Alder they must have in their minds the existing
circumstances and conditions. He quoted Article 16 which, referring to the
speed of the vessel approaching another requires the vessel to slacken her
speed or stop or reverse, if necessary.
Let them consider the speed of the
Lady Cavan going up the channel. It was
admitted they were proceeding
for a considerable distance at full speed – about 10 knots – and that she
proceeded at that speed to No. 10 buoy, which was the last buoy before the
No. 12 buoy on the starboard hand. The only evidence given was that at or
about the No. 10 buoy the vessel was ordered to go ‘slow.’
The chief engineer who would receive the order was not there to give
evidence. The jury had to consider at what point speed was reduced the captain
stated it was just about No. 10 buoy.
Proceeding, Lord Justice Andrews said
considering the allegation of negligence against the
Alder, so far as he could see, that negligence could be sub-divided
under two heads. One was that she anchored in the fairway, and the second
was that she was exhibiting the wrong lights. There was no doubt that the
Alder was anchored in the fairway.
She had to come to anchor, or incur the risk of proceeding. The captain of
the Lady Cavan had told them that when he saw what he thought was the
No. 12 buoy it really turned out to be the stern light of the Alder
– he ported his helm hard, because if he had gone outside No.12 buoy he would
have gone aground.
A serious allegation was made against the master of the Alder. Again
there was no contest between plaintiffs and the defence as to the lights on
the Alder, who was exhibiting wrong lights.
The anchor light was hanging
from the forestay, but she had two other lights- one mast light forward and
the other the light from the stern.
The mate of the Alder said it was very important that
a vessel should put up her anchor lights immediately and
if she left up her navigation
lights when anchored she was presenting misleading lights.
If that was the law and the practice of the sea, it was the particular duty
when a vessel was anchored in a fog as the Alder was in that narrow
channel. How long was the Alder at anchor before the collision?
So far as plaintiffs were concerned, she had not been anchored more than
four or five minutes. The defence was she was at anchor ten or fifteen minutes.
The starboard and port lights had been removed, but the stern light was not
removed.
Proceeding, his Lordship said they would find they would be asked to
make the assessment of damages. He proceeded to give particulars of the
circumstances in which the victims’ families were left, and said one general
thing he could tell them it was their duty if they came to assess damages, they
were to be assessed purely and simply for pecuniary loss.
The jury then retired to consider
their verdict.
THE VERDICT
The jury came into court after a retirement of almost two hours, and
their answers to the prescribed questions were as follows:
1. Were
the defendants guilty of negligence? – Yes
2. Was Captain
Accordingly it was directed that question No. 3 was not effected.
The following were the awards of
the jury in regard to damages:-
Robert James Campbell -
£250
Henry Campbell
- £450
Charles Pearson
- £550
Mrs. Rose Conlon,
widow of John Conlon - £850
John Conlon,
son – Nil
Jane Conlon, daughter –
Nil
Mrs. Margaret Davis, widow
of James Davis - £1,400
Beatrice Rita Davis,
daughter – Nil
Muriel Davis, daughter - £30
Mary Evelyn Davis,
daughter - £180
Mrs. Madeline McGrath, widow
of Wm. Robert McGrath - £1,400
Beatrice McGrath, daughter
– Nil
Muriel McGrath,
daughter - £180
Allan McGrath, son - £420
No damages were awarded in the
action on behalf of Kathleen Campbell.
His Lordship found for the plaintiffs accordingly, the total amount of
damages awarded being £5,960.
Lord Justice Andrews said he was very grateful to the jury for the
great care, attention and patience exercised and for their excellent discrimination.
He made an order that they be excluded from jury attendance for five years.
Mr. Murphy, for all the plaintiffs asked for judgment in terms
of the jury’s verdict.
Mr. Chambers asked for judgment with costs in respect of the issue relating
to the death of Mrs. Campbell. He also renewed the application made
by his senior, Mr. MacDermot at an earlier
stage in the proceedings for a direction in that case and in regard to all
actions, for a stay. Notice of appeal against the decision of the
Lord Justice Andrews stated that he was anxious not to exclude the
defendants from appeal if they wished to do so. He would facilitate them in
every way, but at the same time he could not allow the case to stand over a
stay of execution pending an appeal in the
Mr. Murphy submitted that if a stay were granted, that as a
condition of the stay, a substantial lodgement be made in court.
Lord Justice Andrews gave judgment for the plaintiffs in accordance
with the jury’s awards, with the general costs of the actions, less any costs
separately referable to the claim in respect of the loss of Mrs. Campbell,
wife of the master of the Alder, which would have to be paid by the
plaintiffs to the defendants to be set off the one against the other. He also
directed a stay of execution in the ordinary course for one week without terms,
and further directed that on the lodgement of £2,500 in court there should
be a further stay until the last day of the term, which was on July 31st.
If notice went for a new trial or an appeal be
served on or before that day, there should be a further stay of execution
pending the hearing of the motions. His order for the lodgement of the money
was not intended in any way to prejudice the defendants in any proceedings they
might care to institute.
CAPTAIN’S BODY FOUND JULY
1937
A collision in Carlingford Lough in April was recalled when the body of
Robt. Campbell
(42), captain of the steamer Alder, was washed ashore at Langness,
Castletown, Isle of Man.
The Alder was rammed by the ss Lady Cavan and sank in a
few minutes, six lives being lost.
Captain Campbell and his wife were amongst those who were drowned.
The body was discovered by Donald
Hector Mackenzie, staying, with his brother, a keeper at Langness lighthouse.
He was out for a walk and found the body in a gully in the rocks. It was in
a badly decomposed state, but was identified by papers in the clothing.
THE
INQUEST ON CAPTAIN ROBERT CAMPBELL
An inquest was conducted by Mr.
Robert Cowell, solicitor, deputy coroner, at Langness,
Deceased’s brother, Mr. W.J.
Campbell, Kilkeel, gave evidence of identification.
Donald Mackenzie, a Scotsman, at present on holiday with his brother,
the lighthouse keeper at Langness, stated that he found the body on the shore
and informed the police.
Police and medical evidence was also given, Dr. John Stephen describing
the condition of the body, and stating that in his opinion death was due to
drowning.
The body left the
The boat conveying the remains
is the St. Patrick, skippered by the late Captain’s brother, Mr.
W.J. Campbell
MASTER OF THE ALDER
Born 10th February 1895- LAID TO REST IN KILKEEL 17th July 1937
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Touching scenes were witnessed at the funeral in Kilkeel on Saturday of
Captain Robert Campbell, master of the ill-fated Alder.
The cortege, one of the largest and most representative
ever seen in the district, comprised people from all over the Mournes
and various parts of In the course of a touching address based on the text ‘This is a grief and I must bear it’
(Jeremiah 10 v 19) the Rev. Martin said:- |
That had happened, continued the speaker, in the all-wise Providence of
God, and now
they knew that Robert Campbell lay, not out in those wild and wandering
waters but under the peaceful shadows of the family burying ground. So that
when they thought of their sad loss they would not turn their eyes to the
expanse of sea, but there to that little plot.
There were words in the Old Testament which better than any others
described the feelings of the mother and father. Jeremiah said’ This is my
grief and I must bear it’ Those words were in the
lives of a great many people. Sorrow and despair melted away and that was why
Jeremiah was able to face his grief so manfully. Grief might seem for some just
like a shadow of a cloud in the infinite sweeps of the sky, a patch of cloud in
the blue.
The pleasures of life are marred, the joy of life passed out and the tears
come. How often has that happened when it seemed as though the mist will never
lift again? But then they knew that the sun shines brightly after the longest
winter even when it seems that grief will come and occupy every other thing.
Sorrow was just like a grey
thread that had been woven into the life of every man and woman. Jeremiah
had said ‘Woe is me’ but he also said’ This is my grief and I must bear it’.
He had taken himself under control. There was an absence of panic and a sense
of strength. There was quiet dignity and perfect patience.
He recognised the grief, and
submitted to it. That was part of God’s plan for man.
Jeremiah did not say ‘I must share it’. He said ‘I must bear it’. Then,
how many grief bearers were there in the world, bearers like Jesus Christ
Himself, walking princely to
In the hour that He was going to die Jesus rejoiced in spirit.
There was something in that awful tragedy that made the
Let them walk with Jesus Christ down that road leading to
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NEWRY REPORTER
TUESDAY APRIL 6 1937
(Down,
The Carlingford
Lough Tragedy
Not for many years has a shipping tragedy of such tragic dimensions
occurred in Carlingford Lough, as that of Sunday 4th April 1937,
when five members of the crew of a Newry steamer and the Captain’s wife lost
their lives, their ship sinking immediately after a collision in a dense fog,
with another vessel.
The news fell upon the ears of the horror stricken people of Newry,
Kilkeel and the surrounding districts like a bomb shell, shattering the peace
of a Sunday afternoon. Six lives were lost in the space of a few minutes. In
war time such a calamity, although evoking the sorrow of a people prepared for
the like, would not count for comparatively little, but in time of peace the
loss of six lives is something which rends the very hearts of all. Homes have
been rendered fatherless, and in one case parentless. A father and mother have
been snatched away from their little children. And so we might go on reflecting
on the aftermath of such a sad occurrence, Stark tragedy has the effect of
compelling us to face facts, and once more the truth of man’s futility in the
fight against nature is borne out. They say there is sorrow on the sea and too
often has that saying been justified. Fogs, as well as tempests have a way of
providing epics of the sea; of bringing sorrow to the heart of man. Sunday’s
tragedy makes us sadder, when we realise that it was not at sea in the ocean
sense that it occurred, but within sight of land. The Captain of the sunken
vessel and his wife were drowned practically within sight of their own home.
What an ironic prank fate has played here. Their four children living
peacefully asleep in bed, while only a few miles away, across calm waters
hushed under a blanket of dense fog, father and mother perish together.
Although sympathy is but a poor enough comfort to those who have been bereaved,
we know it is the desire of all our readers to express on their behalf the
heartfelt condolence with the relatives, and this we do in the hope that it
shall at least serve to bring some small measure of comfort to hearts wrought
with anguish and despair.
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