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HTL} " aOe TATA TH VOL. 44 CLEVELAND HTT IAA | | | ) Nec STMT AUGUST, 1914 FAIA Wn y ee ns NEW YORK vee ere No. 8 Empress of Ireland-Storstad Case The Court of Inquiry closes upon One of the Most Inexcusable Collision in History : HE evidence in the Empress of | Ireland-Storstad case is all in; the arguments of counsel have been heard; and the court of in- quiry is now _ engaged in 'the solemn task of reaching a_ conclu- sion. There is always a wide variance in the testimony in collision cases, which is not always prompted by a deliberate attempt to mistake facts, but is rather a misinterpretation of them or confusion as to what really occurred. The testimony in this lamentable tragedy has been directly contradictory and there is no reason to believe that either side has endeavored to conceal anything. Both sides admit that the accident was wholly inexcusable. Both vessels were aware of each other's lo- cation and course. Eight minutes be- fore the collision their lights were green to green and they should have safely passed each other. But in the fog either one or both vessels changed their courses with the result that they came together, and inside of 14 minutes thereafter the Empress went to the bottom with over 1,000 souls. Scarcely one of those below decks had _ the slightest chance of saving his own life. Counsel for the Storstad says: "When the vessels sighted each other and when the fog came, both ships were on safe passing courses. Both Sides admit and even contend that it 1s the elementary duty of every sailor When fog comes to maintain the course he was following when the fog shut him out. That the collision did occur Was due to the fact that after the fog came a radical' change of course was made by one vessel or the other. The only question is which ship changed her course. My contention is that it was the Empress which changed her course and that this change was due to the steering gear becoming deranged. I cannot believe that Capt. Kendall delib- erately turned his ship straight across the path of the Storstad and then stopped his engines and lay in a posi- tion where we, coming through the fog and ignorant of his position, would in- evitably run him down", Described as Extraordinary Maneuver Mr. Haight also commented upon the action of Capt. Kendall in ordering the engine of the Empress full speed astern when the Storstad was a point on the starboard bow two miles away with both vessels on a safe course green light to green light. He described this as an extraordinary maneuver and sug- gested that Capt. Kendall's knowledge of the fact that his steering gear was out of order was responsible for it. He contended that the collision was due to a change of course on the part of the Empress through the steering gear breaking down and that the Em- press was alone to blame. "Mr. Aspinall, counsel for the Cana- dian Pacific, held the Storstad wholly to blame in that her helm had been thrown hard aport by the third officer of the Storstad without orders from Chief Officer Tuftenes who was in charge on the bridge. The third officer explained that Tuftenes gave the order to put the helm a little to port because the tendency of the current was to carry the vessel to port, on which side they thought the Empress was, The third officer said throwing the wheel hard aport did not alter the course of the steamer as the compass showed that she did not obey the helm. Counsel for the Canadian Pacifig attached consider- able importance to it, however, as he did to the further fact that the log of the Storstad was not made up until the day following the collision and after conferences with Capt. Anderson, who reached the bridge too late to be of any service. Mr. Aspinall therefore contended that the Storstad: was wholly to blame. Mr. E. W. Newcombe in summing up the evidence as the representative of the Canadian government said that he disagreed with both Mr. Aspinall and Mr. Haight as to one vessel or other to be wholly to blame and stated that it was possible for the court to ar- rive at a finding in the case consistent with the absence of any intention on the part of the witnesses of either side to misrepresent the facts. He thought the evidence with regard to the porting of the helm of the Storstad important testimony to the honesty of the Stors- tad's men. It was an admission which might go strongly against them and which might easily have been sup- pressed if they had wanted to make a case. He suggested that when the Empress changed her course to run down river and before she steadied upon her course she exposed her red