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S.S. "EALABA"- AND S.S. "LUSITANIA- INQUIRIES.'-.

EVIDENCE A

s.s.

■

FIRST DAY (20th MAY, 1915).

Nnnie of Witness.	Description.	Examined by	No. of Question.	Page.
Thomas Miller	Board of Trade Engineer and Ship Surveyor.	The Solicitor-General ... Mr. Cotter	1—48 49—50	4—5 5
Walter Campbell Baxter ...	Chief Officer of the " Falaba."	Mr. Branson Mr. Butler Aspinall ... Mr. Cotter Mr. Ranald McDonald...	51—238 239—252 253—275 276—281	6— S 8 9 9
Thomas Henry Spray	Fourth Officer ...	The Solicitor-General ... Mr. Cotter Mr. Ranald McDonald... Mr. Butler Aspinall ... The Solicitor-General ...	282—339 340—347 348—352 353—354 355	9—10 10 10 10 10
William Guy	Chief Engineer...	Mr. Branson Mr. Ranald McDonald... Mr. Cotter The Solicitor-General ...	356—129 430-433 434—441 442—448	10—11 11 11—12- 12
John Ellams	Steward	The Solicitor-General ... Mr. Bateson Mr. Cotter	449—486 487^91 492—510	12—13 13 13
Joshua Thomas	Carpenter	Mr. Dan Stephens Mr. Butler Aspinall ... Mr. Cotter Mr. Ranald McDonald...	511—543 544—545 546—557 558—562	13—14 14 14 14
Captain William Peter Thompson.	Marine Superin- tendent to Elder Dempster & Co., Ltd.	Mr. Dan Stephens Mr. Butler Aspinall ...	562-602 603—633	15—16- 16
Mr. John Craig	Liverpool Manag- ing Director Messrs. Elder Dempster.	Mr. Branson	634—641	16—17
Mr. J. C. Watt	Assistant Trans- port Officer, Gold Coast.	Mr. Dan Stephens Mr. Cotter	642—694 695—701	17 17—18
Mr. Hermon-Hodge	Assistant District Officer, Nigerian Political Service.	Mr. Branson Mr. Cotter Mr. Ranald McDonald... Mr. Dan Stephens The Commissioner	702—721 722—738 739—740 741—799 800	18 18 19 19—20 20
Mr. Cyril Edward Bressey	Mechanical Engi- neer, West African Civil Service.	Mr. Dan Stephens Mr. Bateson Mr. Cotter	801—826 827—832 833—854	- 20—22 22 22— 2a
Mr. J. D. Bathgate	Executive Engi- neer, Public Works Depart- ment in Nigeria.	Mr. Dan Stephens Mr. Butler Aspinall Mr. Holmes Mr. Cotter Mr. Ranald McDonald...	855—890 891—902 903—909 910—922 923—924	23 24 24 24 24
Captain Matthew Charles Coverley Harrison	Assistant ( 'ommis- sioner Police, Gold Coast.	The Solicitor-General ... Mr. Butler Aspinall Mr. Ranald McDonald...	925—966 967—1013 1014—1029	24-25 25—26 26

5043— i

II

SECOND DAY (21st MAY, 1915).

Name of Witness.

Description.

Examined by

Xo. of Question.

Page.

Mr. T. D. Woolley

Mr. W. C. Chiswell

D. J. Ryder

David Ryder

Robert Primrose ...

Lieut.-Cornrnander Heath- cote, R.N.

Second-Lieut, C. W. H. Parker.

Lieutenant Grant ...

Captain Matthew Charles Coverley Harrison.

Mr. J. D. Bathgate

Mr. J. C. Watt

Mr. James Charles Emery

Mr. Edward Kent...

Mr. Charles Davies

Mr. William J. J. Thomas

Surveyor of Roads, Public Works Department, Gold Coast.

Foreman, Nigerian Eastern Rail- way.

Foreman of Works, Nige- rian Railway.

Passenger on board the " Falaba."

Fitter, Nigerian Railway Com- pany.

Lieutenant, Royal Navy.

Passenger on board the " Falaba."

Lieutenant, West African Field Force.

Assistant Com- missioner of Police at the Gold Coast

Colony.

Executive Engi- neer in the Public Works Department in Nigeria,

Assistant Trans- port Officer, Gold Coast.

Inspector of Works, Gold Coast Govern- ment Railway.

District Engineer, Nigerian Rail- way.

Sanitary Inspector

Foreman Mason, Sekondi.

Mr. Branson Mr. Butler Aspinall Mr. Ranald McDonald Mr. Joseph Cotter

The Solicitor-General Mr. Butler Aspinall Mr. Joseph Cotter

Mr. Branson

Mr. Bateson

Mr. Cotter

The Solicitor-General

The Solicitor-General Mr. Bateson Mr. Cotter

Mr. Branson

Mr. Butler Aspinall

Mr. Cotter

The Solicitor-General Mr. Butler Aspinall Mr. Ranald McDonald

Mr. Branson Mr. Cotter

The Solicitor-General Mr. Butler Aspinall Mr. Holmes Mr. Joseph Cotter

Mr. Dan Stephens Mr. Butler Aspinall Mr. Joseph Cotter

Mr. Dan Stephens Mr. Bateson

Mr. Dan Stephens Mr. Butler Aspinall Mr. Joseph Cotter

Mr. Branson

Mr. Bateson

Mr. Ranald McDonald.

Mr. Holmes

Mr. Joseph Cotter

Mr. Branson

Mr. Branson

Mr. Joseph Cotter

1030- 1071- 1086- 1092-

1098- 1166- 1205-

1317-

1358- 1367- 1438-

1440- 1474- 1501-

1522- 1568- 1583-

1602- 1636- 1655-

1659- 1705-

1715- 1740- 1761- 1765-

1828- 1833-

1895-

-1070 -1085 -1091 -1097

-1165 -1204 -1316

-1357 -1366 -1437 -1439

-1473 -1500 -1521

-1567 -1582 -1601

-1635 -1654 -1658

-1704 -1714

-1739 -1760 -1764 -182/

-1832

-1894 -1899

1900—1901 1902—1921

1922—1961

1962—2021 2022—2033 2034—2056

2057— 20S6 2087—2097 2098—2102 2103—2112 2113—2136

2137—2161

2162—2179 2180—2202

28—29 29 29 29

29—30 30—31 31—33

33—34

34 34—35

35

35—36 36

36

36—37

37 37—38

38 39 39

39—40 40

40—41

41

41 41—45

45

45—47

47

47 47—48

48-49

49—50

50 50—51

51—52

52

52

52 52—53

53

54 54

THIRD DAY (27th MAY, 1915)

Name of Witness.	Description.	Examined by	Xu. of Qucsl ion.	Page.
Mr. Wilfred Austin	Merchant in West Africa.	Mr. Branson Mr. Butler Aspinall Mr. Cotter	2203—2284 2285—2290 2291—2342	56—57 57 57—58
Mr. Bertram Thomas Peato.	Second Engineer ofthe"Falaba."	Mr. Dan Stephens Mr. Butler Aspinall Mr. Cotter Mr. Taylor Mr. Branson	2343—2432 2433—2437 243S— 2461 2462—2467 2468	58— 59 59—60 CO 60 60
Mr. Harry H. Pengilly ...	Third Officer of the " Falaba."	Mr. Branson Mr. Butler Aspinall Mr. Holmes Mr. Cotter Mr. Taylor	2469—2556 2557—2586 2587—2591 2592—2651 2652—2654	60—62 62 62 62—63 63
Mr. Hugh Brown...	Fourth Engineer on the "Fa- laba."	Mr. Dan Stephens Mr. Butler Aspinall ... Mr. Cotter	2655 — 2('.'.H> 2691—2707 2708—2711	64 64 65
Mr. Joseph Rowett	Barber on the " Falaba."	Mr. Branson Mr. Butler Aspinall Mr. Cotter	2712—2767 2768—2771 2772—2774	65—66 66 66
Mr. Henry Ashton	Saloon Steward on the "Falaba."	Mr. Dan Stephens Mr. Cotter Mr. Taylor Mr. Branson	2775—2799 2800—2818 2819 2820—2823	C,6 66—67 67 67
Mr. Frank Breary	Assistant Bed- room Steward on the " F a- laba."	Mr. Branson Mr. Butler Aspinall ... Mr. Cotter	2824—2857 2858—2860 2861—2879	67 67 68
Mr. Thomas Noble	Night Watch Steward on the " Falaba."	Mr. Dan Stephens Mr. Cotter ' Mr. Dan Stephens	2880—2923 2924—2944 2945—2954	68 69 69
Mr. John Turton	Smoke-Room Steward on the " Falaba."	Mr. Dan Stephens Mr. McDonald	2955—3013 3014	69—70 70
Mr. John Doherty	Assistant B e d - room Steward on the "Falaba."	Mr. Branson Mr. Butler Aspinall Mr. Cotter Mr. Holmes	3015—3044 3045—3017 3048—3070 3071—3075	70 70 71 71
Mr. Edwin Lough Taylor	Marconi Operator on the "Falaba."	Mr. Dan Stephens Mr. Joseph Cotter	3076—3155 3156—3161	71—73 73
Mr. James Marchbank ...	Chef on the " Falaba."	Mr. Branson	3162—3169	73—74
Mr. Robert Harrison	Quartermaster ...	Mr. Dan Stephens Mr. Lewis Taylor	3170—3226 3227—3229	74—75 75
Charles Duncan Hinmars	Captain's Steward on the " Falaba."	Mr. Branson	3230—3244	75
Duncan Irvine	Deck Boy on the " Falaba."	Mr. Dan Stephens Mr. Butler Aspinall ...	3245—3270 3271—3273	75 75
Horatio George Wright ...	Master of the "Eileen Emma."	Mr. Dan Stephens Mr. Butler Aspinall	3274—3324 3325—3345	76—77 77
Ernest Edward Solomon...	Master of the Steam Drifter " Orient II."	Mr. Dan Stephens Mr. Lewis Taylor	3346—3369 3370—3372	78 78
Mr. Frederick Self	Master of the Steam Drifter "George Baker."	Mr. Dan Stephens	3373—3392	78

THIRD DAY (27th MAY, 1915)— continued.

Name of Witness.	Description.	Examined by	No. of Question.	Page.
Captain William Peter Thompson.	...	Mr. Dan Stephens	3393—3428	79—80
William Guy		Mr. Dan Stephens	3429—3441	80
Mr. Thomas Miller		Mr. Butler Aspinall ... Mr. Joseph Cotter	3442—3484 3485—3489	80—1 81
Mr. Harold Edward Joslyn Camps.	Member of the In- stitute of Naval Architects.	Mr. Butler Aspinall	3490—3573	81—4
Mr. Shirley Brooks Ralston.	Naval Architect	Mr. Maxwell	3574_3584	84

FOURTH DAY (28th MAY, 1915).

Captain George Archibald Cotterell.

Assistant Marine Superintendent, Elder Dempster Company.

Mr. Bateson

3585—3609

m

Mix Hit (lolmk Crnmmaaimtera CCnurt.

PROCEEDINGS

Caxton Hall, S.W.,

Thursday, 20/// .IMy. !915-

f tf/tf!

BEFORE

The Right Honourable LORD MERSEY Wreck Commissioner of the United Kingdom, ,

WITH

Admiral F. S. INGLEFIELD, K.C.B., Captain D. DA VIES, Lieut. -Commander HEARN, Captain J. SPEDDING,

Acting as Assessors.

ON A FORMAL INVESTIGATION

Ordered by the Board of Trade into the

LOSS OF THE STEAMSHIP "FALABA.■,

FIRST DAY.

THE SOLICITOR-GENERAL (SIR STANLEY 0. BUCKMASTER, K.C., M.P.), MR. BRANSON and MR. DAN STEPHENS (instructed by Sir R. Ellis Cnnlift'e, Solicitor to the Board of Trade) appeared as Counsel on behalf of the Board of Trade.

MR. BUTLER ASPINALL, K.C., MR. BATESON, K.C., and MR. MAXWELL (instructed by Messrs. Forwood and Williams, of Liverpool I appeared as Counsel for the Owners, Mr. John Craig, Managing

Owner, Captain Peter William Thompson, Marine Super- intendent, and Mr. W. C. Baxter, Chief Officer.

MR. HOLMES appeared for relatives of the Captain.

MR. RONALD McDONALD (instructed by Mr. Lewis W. Taylor) appeared for Lieut. C. C. R. Lacon. a passenger.

MR. COTTER appeared for the National Union of Stewards.

LONDON :

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1915. Price One Shilling.

(5043—1—14.) Wt. 8136— 199. 1000. 51;,. D & S. G. 4.

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP " FALABA."

20 May, 1915.]

Mr. Butler Aspinall.

The Commissioner : Mr. Aspinall, for whom do you appear ?

Mr. Butler Aspinall : I also appear for the managing owner, Captain Peter William Thompson, marine superin- tendent, and Mr. W. C. Baxter, chief officer. I am told the owners are not parties to the Inquiry, but, amongst others, I am representing their interests here.

The Commissioner : Who is Mr. Walter Baxter?

Mr. Butler Aspinall : He was the chief officer of the "Falaba."

The Commissioner : For whom do you appear in addition to the persons cited ?

Mr. Butler Aspinall : The owners of the vessel.

The Commissioner : What is the firm ?

Mr. Butler Aspinall : Elder, Dempster and Company, Limited, of Liverpool. To be quite accurate, it is the Elder Line, Limited. Elder, Dempster & Co, are the managers.

Tlie Commissioner : And are not they the owners ?

Mr. Butler Aspinall : They manage, and they own certain shares.

The Commissioner : Then the Limited Company manage, and the Limited Company, Elder, Dempster and Company, are shareholders , with other people ; is that it ?

Mr. Butler Aspinall : Yes, my Lord. Might I, at this early stage of the Inquiry, be allowed, on behalf of the owners, to express their sincere sympathy with the relatives and friends of these unfortunate people who lost their lives on the occasion of this casualty ?

Ihe Solicitor General : My Lord, shortly after noon on the 28th March, the passenger steamship " Falaba " was sunk. She was sunk at a distance of about 66 miles west of St. Anne's Head and south of the Irish coast. Her loss was accompanied with a grievous loss of life, and an Order has been issued by the Board of Trade, for whom I appear, with my learned friends, Mr. Branson and Mr. Stephens, directing an Inquiry into the circum- stances under which this loss arose.

Now, My Lord, there could be no doubt in this case as to what it was that occasioned the loss. In many cases in which Inquiries such as this are directed, as your Lordship knows, while there are sometimes doubtful circumstances as to whether extra vigilance or diligence on the part of the Captain might not have avoided the disaster ; indeed there are occasions when your Lordship has to examine into the loss that is associated with the un- foreseen and unavoidable perils of storm and tempest. No such circumstances exist here. There is no doubt whatever as to how this unfortunate vessel met her end. A defence- less, unarmoured, unoffending vessel carrying passengers, she was torpedoed in broad daylight by a torpedo dis- charged from a German submarine at a distance of not more than one hundred yards. My Lord, I am not going to attempt by the use of words to weaken the effect of such a statement. There are some deeds that are louder than any language and the circumstances, the undeniable, indisputable circumstances under which the vessel lost her life will tell, more strongly than any words I can use, the shame and disgrace of the people who destroyed her.

The circumstances which it is necessary for me to state to your Lordship in the opening of this Inquiry will be compressed as far as I possibly can, because I cannot help thinking that the real point to which this Inquiry will be directed will, in the end, prove to be a simple one.

The steamship " Falaba " was a passenger steamship holding a passenger certificate ; she was certified to carry 282 persons ; she was registered in the port of London, and her tonnage was 3,011 tons. She left the port of Liverpool at 6 p.m. on the afternoon of March 27th, and she then had on board a crew of 95, and passengers to the number of 147. She was certified as entitled to carry a crew of 92 and passengers to the' number of 182. There was no doubt, therefore, that she was not in any way overladen with passengers.

I am not going to give your Lordship in opening the details of her equipment, but it is essential that I should point out to your Lordship what were the life-saving appliances that she possessed. Being a passenger ship, of course, she was bound to have the certificate of the Board of Trade as a passenger ship, and this had been obtained on the 22nd December, 1914. That certificate enabled her to have her total passengers made up of 118 first class and 72 second class. As your Lordship knows, the number of lifeboats she must carry is determined by her

length, and the length of this vessel was just over 350 feet, with the result that she was bound to carry seven boats of Class 1, which would be capable of accommodating 282 persons ; 12 life-buoys, 282 life-jackets, and 19 life-jackets for children, were also among the equipment she possessed ; and I think your Lordship will find that, so far as the requirements of the Board of Trade were concerned, that equipment will be regarded as ample. Her lifeboats were arranged in this way : Four of them were described and distinguished as being strictly lifeboats with a capacity for carrying 49 persons apiece. Three of them were called surf boats, which would carry 28 persons apiece ; and in addition to that she had a further boat, which was called a gig boat, which would carry about 30 people.

It is important, I think, for the purpose of this Inquiry, to bear in mind the way in which these boats were arranged on the vessel. Boats 1, 3, and 5, that is to say, two lifeboats and one surf boat, were ranged on the starboard side ; they were on the boat deck, a deck above the saloon deck, and there they were hung with proper davits and applianc s. Boats 2, 4, and 6, that is, two lifeboats and one surf boat, were on the port side also ranged on the boat deck in a corresponding manner. The other boats were put on what is called the poop deck, and they are distinguished by Nos. 7 and 8. It is not quite clear from the evidence I have had before me as to which side of the vessel No. 7 boat was. I am told that point has been cleared up. No. 7 was on the starboard side, and the gig No. 8 was on the port side. Now the arrange- ment of these boats was intentionally effected for the purpose of enabling the passengers to get into them in this manner. In case of disaster they were to be swung out and lowered from the boat deck to the saloon deck, and from the saloon deck the passengers were to enter the boats and they would then be lowered into the water. That would effect the, lowering of all the boats excepting 7 and 8 and they would be lowered from their stands, I think, without passing any upper deck on the way down.

Now there is a question which often arises as to what arrangements have been made for the purpose of securing that, in case of accident, each member of the crew would know to what post he was assigned and what his duties were. There may be some dispute and uncertainty about this, but, as I understand, it is suggested that there was an assignment of places for the different members of the crew in relation to these boats, and that it was the practice to put up a new list shortly after the vessel had started on her voyage, and that until this was done the old list which had been used for the former voyage would be applicable. In this case, as not a day had elapsed from the time of her sailing, no new list had been put up, and the consequence was that the old list was the one by which the crew would know where they ought to go.

Now with regard to the passengers no specific directions were given them at any time as to where they were to go, and it may be there is good reason for that, because if specific directions are given to passengers and an unfore- seen disaster occurred it might occur at such a place and under such circumstances that strict obedience to rules might result in disaster. I understand that is the view held by people responsible for the navigation of this vessel, and at anyrate before the accident occurred no directions had been given to. the passengers as to where they were to go.

Now the question of the proper equipment of these boats, that is to say whether they were properly provided with all the necessaries for saving life, is the subject I think of some doubt from the evidence. I do not desire to do more at this moment than to indicate to your Lord- ship what it is. It is suggested that a plug for the plug hole was missing in one of the boats ; I say no more excepting that it is a possible thing that in the hurry and disturbance of getting away, a plug may be broken and lost, and on the evidence as I have seen it, it does not appear to me that that would amount 10 a very great and serious matter, because it was said that one lady was enabled to keep the water out of the boat by placing her finger in the plug hole. If that were so it seems to me that the use of a pocket handkerchief or a piece of rag would have been equally effectual. So far as the boats were got to sea and were properly launched no accident did in fact occur by any of the boats being unseaworthy, and I do not suggest they were. The certificate was that they were in good order and condition and I have no suggestion to place before your Lordship that that was not so.

w\

■x

MINUTES OF EVIDENCE.

■jo May, 1915.

Mr. Butler Aspinall.

[Continued.

Now, what happened and what caused the loss of life involves a short narrative of the history of the vessel on her voyage. She left, as J have said on the afternoon of the '27th March, and somewhere at a time which it is not eas\ tn ti\ exactly, hut approximately it is put at 11.30 or 1 1. Hi. siii sighted a submarine. The people who saw this vessel are quite confident she was flying a British white ensign, but she pursued the vessel and after she had come within ai» >hi .".till yards it is said that she dropped the British ensicrn and put up the one under which she was really hound to sail. At a distance of about 300 yards away from the " Falaba" she signalled " stop and abandon ship." The vessel did not stop and within a few minutes the submarine having got closer at a distance of about n ii i raids, and being then on the port side of the " Falaba " she signalled again ''stop or I fire." The "Falaba" stopped, probably the result of her stopping was to cause her to sleu' round ; at any rate the submarine took its plac >0D thestarboard side of the vessel instead of on the port side where she had formally been. Directly the "Falaba" was stopped directions wrere given to the passengers to get into the boats. What happened then is a matter on which there is a great deal of evidence, and I do not know how much of it will raise questions of acute controversy. But the history, as I understand it, is this. Taking the boats by their numbers, and remembering that they are placed on the vessel in accordance with the statement that 1 have made, boat No. 1 was got out, she was on the starboard side, and she was lowered down to the saloon deck in accordance with the arrangement I have mentioned before. A number of people, said to have been 50, got into her. and then it is stated b}' members of the crew that wdiat happened was that a further number of people jumped into her bows, with the result that the man who had charge of the line let go — it was pulled out of his hand — that the man who had charge of the after stay lowered at once in order to get the boat on a level keel, but it fell into the water bow first and capsized, and threw the whole of the passengers into the sea. That was the history of boat No. 1. She was never righted, and. except so far as to enable the unhappy people to cling to her, she was useless for the purpose of saving life. No. 2 suffered a somewhat similar disaster, and there appears to be even less direct evidence as to how it occurred. I think there are suggestions in some of the survivors' evidence that the timbers of the boat gave, and that the eye through which the rope ran was pulled out. The evidence of course is not very specific upon it, but that will be placed before your Lordship for determination. At any rate this boat also was not effectually launched and fell into the sea without being able to be used for the purpose of saving life.

Xo. 3 wdiich was on the starboard side was lowered and went away quite safely. No. 4 was lowered and went away quite safely with 40 people on board. No. 6 was also lowered and went away safely with about 20 people on board her, and that left Nos. 5 and 7 and the gig. The gig was got away, I think, with about 30 people on board, and Nos. 5 and 7 require some separate consideration.

The order in wdiich these boats were being launched as Oar as we can ascertain from the evidence was in the order I have mentioned. It follows therefore that people were struggling in the sea owing to the failure of the nrst two boats at the moment the other two were in the act of beino; launched full of passengers. It was this moment that the German submarine selected for the purpose of driving her torpedo through the struggling people in the water straight into the starboard side of the " Falaba." The result of the shock was that these other boats were capsized and their occupants were also thrown into the water.

My Lord, there is but little further to tell about this disaster. The evidence appears to be quite clear and quite conclusive that the crew of the submarine behaved with the most heartless and inhuman brutality, though, of course, when such an act as this has been committed and a hundred people or more are struggling for their lives in the water, it must be recognised that a submarine is not best suited for rescuing and taking them all away, yet. my Lord, no manner of effort was made to save a single life, and these unfortunate people drowned in the presence of this boat, some of the passengers adding that their unavailing and despairing struggles only excited the jeers and the merriment of the men who witnessed them from the submarine.

5013

My Lord, the rest of the story is a story upon which it is much more pleasant to dwell. The " Falaba " had a wireless apparatus, and whether by signal I am not quite sure, but at any rate their difficulties were witnessed by vessels a little way off and the crews of every one of them proved true to our traditions of the sea and, quite regardless of any possible danger from this lurking submarine, came with all speed to the scene of the disaster and did everything in their power to rescue these unfortunate people; and it was only owing to their activity, an activity which I am sure your Lordship will realise, having regard to the circumstances now attending our seas, which was not unaccompanied with grave danger to themselves, that some of the passengers and' crew were saved. The total numbers that were saved were these : 48 of the crew were saved and 93 passengers ; 47 of the crew were lost and 54 passengers. There is just one small consolation in connection with it. There were only seven female passengers on board, and I am glad to say that six of them were saved, and I think it is clear that the seventh was got safely into a boat. There is no suggestion that any woman suffered by e*en her weakness and her defencelessness. The people were picked up from the boats and the wreckage to which they were clinging, and picked out of the water supported by lifebelts and "taken on board a number of trawlers and 'drifters and brought back as soon as possible. The exposure, of course, caused some of them to lose their lives even after being picked up, but there is no suggestion, as far as these vessels which came to the rescue were concerned, that they omitted to do anything in their power to remedy the horror of this disaster.

I believe, although I fulfilled the promise by which I bound myself not to be long, and condensed as closely as I could this narrative, that I have placed before your Lordship after all a clear outline of this event which will afford a skeleton which will be clothed by the witnesses called before your Lordship. I have particularly avoided unnecessary and needless and tiresome detail which will have to be repeated when witnesses are called, and it seems to me that by doing that I shall meet the con- venience of your Lordship and those with whom you are associated, and at the same time a statement of that which this Inquiry was directed to elicit would suffer nothing by leaving such matters to be dealt with by the witnesses to be called. For the same reason I do not propose to weary your Lordship by referring to matters with which you are thoroughly familiar, the section of the statute and the circumstances under which the inquiry has been ordered, but it is of course important that I should ask your Lordship's consideration of the questions that have been propounded, and it may well be that in the course of the inquiry those questions may be condensed, some may be eliminated, and it may even be that your Lordship may think as the case proceeds some of them will be sufficiently answered, so indisputably answered as to enable your Lordship to decide that further evidence in relation to them may be dispensed with. I need only say that any such suggestion from your Lordship would be most cordially and grate- fully received by myself, because of course the more you spread out a case like this and deal with matters that are not in dispute, the more you take away the impoitant or relevant evidence from the real matters that are in dispute, you dissipate attention, and it leads to waste of time.

The questions asked are very numerous, but they have been f amed in order to cover every possible contingency. I will read them through : —

" 1. When the s.s. ' Falaba' left Liverpool on the 27th March last : (<i) What was the total number of persons employed in any capacity on board her and what were their respective ratings aud nationali- ties? (i) What was the total number of her passengers, distinguishing sexes and classes and discriminating between adults and children and give their respective nationalities ?

" 2. Before leaving Liverpool on the 27th March last did the ' Falaba ' comply with the requirements of the Merchant .Shipping Acts, 1894 to 1006, and the Rules and Regulations made thereunder with regard to the safety and otherwise of passenger steamers ?

" 3. AVas the s.s. ' Falaba ' sufficiently officered and manned '?

" 4. (ii) What was the number of boats of any kind on board the s.s. ' Falaba ' ? (b) Were the

A 2

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

Thomas Miller.

[Continued.

arrangements for manning and launching the boats on board the ' Falaba ' in case of emergency proper and sufficient ? (c) What was the carrying capacity of the respective boats? (d) Had a boat drill been held on board before the vessel left Liverpool, and if so, when ?

" 5. What number of life-jackets for adults and children and lifebuoys did the vessel carry ? Where were they kept, and were they fit and ready for use when the vessel left Liverpool ?

" 6. Were any, and if so how many, and which, of the boats carried swung out-board on leaving Liverpool ?

" 7. At what time on the 28th March last was the , German submarine first sighted by those on board the ' Falaba ' and what were the approximate positions of the two vessels at that time '? Were any other vessels in sight at this time, and if so what were they, and what were their relative positions as regards the s.s. ' Falaba ' and the German submarine ?

" 8. What flag or flags were being displayed by the ' Falaba ' at the time the German submarine was first sighted and thereafter ?

" 9. What flag or flags (if any) were displayed or shown by the German submarine (a) at the time she was first sighted, (6) at any time thereafter ? Did the German submarine carry any distinguishing- number or marks by which her identity could be established ?

" 10. What signals were made by the German submarine ? At what times were they made ? Was any answers made by the s:s. ' Falaba ' to such signals '?

"11. At what time were the engines of the ' Falaba ' stopped ?

" 12. How near to the ' Falaba ' did the German submarine approach '? Were any verbal directions or messages given by anyone on board her to the ' Falaba ' ? If so, what were they ? In what lan- guage were they given ? At what time were they given ? What answer (if any) was made to them by anyone on board the ' Falaba ' ?

" 13. What orders (if any) were given by the master of the ' Falaba ' after sighting the German submarine as to sending out wireless messages from his vessel ? What wireless messages were in fact sent out from the ' Falaba ' and at what times were they sent out ?

" 14. Was the ' Falaba ' sunk by a torpedo fired by a German submarine.

" 15. At what time and from what distance away was the torpedo fired by the German submarine '? At the time the torpedo was fired had all the crew and passengers of the ' Falaba ' left the ship in the boats ? Were those on board the German submarine in a position to see clearly the position of affairs on board the ' Falaba ' at the time the torpedo was fired ? What other ships (if any) were in the vicinity of the : Falaba ' at the time the torpedo was fired ?

" 16. Where did the torpedo strike the ' Falaba' ? When it exploded what was the result (a) to the ship, (b) to any of her boats which were being or about to be lowered, (e) to any passengers and crew then in the boats or in the water near the ship or on the ship '?

" 17. For how long after firing the torpedo did the German submarine remain in the vicinity of the ' Falaba ' ? Did those on board her- make any effort to render assistance in saving life? If not, could they have done so ?

" 18. For how long after being struck by the torpedo did the ' Falaba ' remain afloat ?

" 19. When were orders given by the Master of the ' Falaba ' to get out the boats and leave the ship ?

Were such orders promptly carried out and was proper discipline maintained ? Were the boats swung out, filled, lowered or otherwise put into the water and got away under proper superintendence ?

" '20. How many and which boats were successfully lowered and sent away ? What number of (a) crew (5) passengers were in each of these boats ? To how many and which boats did accidents happen whilst they were being got out or being lowered or when in the water ? What were the Dature and causes of such accidents? What number of passengers and crew were in each boat at the time ? What loss of life (if any) occurred by reason of the accidents to these boats ?

" 21. Were all the boats efficient and serviceable for the purpose of saving life ?

" 22. Before firing the torpedo what time was given by the Commander of the German submarine to the master of the ' Falaba ' to get all on board into the boats and leave the ship safely ? Was such time reasonable ?

" 23. How many persons on board the ' Falaba ' on the occasion in question were saved and by what means ? What was the number of passengers, distinguishing between men and women and adults and children of the first and second class respectively who were saved and their respective nationalities. What was the number of the crew discriminating their ratings and sexes, who were saved and their nationalities ?

" 24. What was the cause of the lost of the s.s. 1 Falaba ' and the loss of life ?

" 25. Is blame attributable to Mr. John Craig,

Registered Manager, Mr. William Peter Thompson,

Marine Superintendent and Mr. Walter Campbell

Baxter. Chief Officer or to any, and if so, which of

them ? "

My Lord, I propose to call the witnesses now, but I

regret it is not possible to call the Captain who, true to

his duty, went down with the vessel.

Mr. holmes : May I ask leave to watch the interests of the relatives of the Captain, who lost his life. He was the Master of the Vessel and was responsible for its navigation, and if any complaint is to be made about that he would be the person to bear the blame, and his relatives are very anxious that no slur should be cast on his name, and they think they ought to have someone to represent his interests. I do not propose to take any great part in the proceedings.

Mr. Cotter : I wish to ask to be allowed to represent the majority of the crew. I am the representative of the National Union of Stewards.

The Commissioner : When the time comes for you to put any questions according to your own view you must let me know what the questions are.

Mr. Ronald McDonald : May I be allowed to appear for Lieutenant Charles Lacon, who was a passenger on board at the time ?

Tlie Commissioner : Why does he want to be separately represented ?

Mr. McDonald : Because he has some complaint. The Commissioner : Then he can come and make his complaint in the witness box. We cannot allow every passenger to be separately represented.

Mr. McDonald : He is now on active service in the " Cameroons" and he wishes his interests protected as far as possible.

Tlie Commissioner : When you hear his interests attacked you can tell me what questions you want to put and I will consider them.

Tlie Solicitor General : I propose first to call Mr. Miller who gave the certificate of the proper equipment of the vessel on 22nd December, 1914.

Thomas Miller, Sworn. Examined by the Solicitor-General.

1. Are you a Board of Trade Engineer and Ship Sur- veyor of Liverpool ? — Yes.

2. Did you survey the steamship " Falaba " for the renewal of her passenger certificate in December last ? — Yes, Sir.

3. Was the steamship " Falaba " a passenger vessel ? — Yes, Sir.

4. Are you familiar with the regulations of the Board of Trade with regard to steamships that seek certificates for the right to carry passengers ? — I am.

5. Tlie Solicitor General : I believe I forgot to tell your Lordship the port of destination of this vessel. She was bound for Sierra Leone. (To the Witness.) Have you a copy before you of the Rules made by the Board! of Trade ? — Yes .

MINUTES OF EVIDENCE.

20 May, [915.]

Tumi \s Miller.

r Continued.

C>. Now will you turn to page 5. Does page 5 show the Rules Iai'l down Eor Bteamships certified to carry passengers within the home trade limit, or between the British Islands and the Continent of Europe ? — Yes.

7. Is there any difference between those Hides and the Rules for a passenger vessel between a port here and

Africa ?_Yes.

8. What are they ? — The Rules for a passenger steamer sailing between this country anfl the Coast of Africa are given on page 4. Class 1, Foreign Voyage.

9. Is it Rule A, on page -IV — Yes.

1(1. I think that cannot be right? — It begins at the top of the page, Class 1.

1 1 . Is that the rule which would cover this vessel ? —Yes.

12. " A ship of this class shall carry lifeboats in such number and of such aggregate capacity as shall be sufficient to accommodate the total number of persons which is carried, or which the ship is certified to carry, whichever number is the greater. Provided that if the aggregate capacity of the lifeboats carried by a ship of this class exceeds the capacity required by General Rule 2. the Board of Trade may allow one or more life rafts." Turning to the end, do you find the number of boats and the number of sets of davits which are to be carried — page 119?— Yes.

13. Oo you know the length of this vessel ? — 380'5 feet.

1 4. Then it would come between the 370 and 390 limit ? —Yes.

15. And therefore ought to have a minimum number of sets of davits of 10 and a minimum number of open boats, Class I of 7, with a minimum aggregate cubic capacity of lifeboats in feet 10,650 — is that right? — In this case the number of boats was governed by the number of persons on board and not by this Rule — Appendix 1.

16. Tell me what did govern it? — Rule B, page 4, paragraph 2 : — " A ship of this class shall, subject to the provisions of General Rule '20 (1). be provided, in accordance with its length, with the number of sets of davits specified in Column A of the Table in Appendix A. Provided that no ship shall be required to have a number of sets of davits greater than the number of boats required to accommo- date the total number of persons which is carried, or which the ship is certified to carry, whichever number is the greater, and provided further that the Board of Trade may, where it appears to them necessary, having regard to the height Tit which the boats are carried above the centre of the load-line disc, and to the other circumstances of the case, require a ship of this class to carry in lieu of, or in addition to, davits, some other approved form of launching appliances, or such arrangements for launching boats as may be, in their opinion, effective." Is that the rule ? — That is the rule.

17. Did you examine this vessel for the purpose of seeing if she complied with those regulations ? — Yes.

18. Did you give a certificate on the 22nd December, 1914, certifying that she did so comply ? —Yes. Of course the certificate was issued from the Marine Department of the Board of Trade. The day previous to that I issued a declaration to the Marine Department.

19. You issued a declaration upon which the certificate was granted ? — Yes.

20. Hare you the certificate before you ? — Yes.

21. I want to take you through this document. Was it prepared in accordance with your declaration ? — Yes.

22. Are the statements contained in this document true and accurate according to the inspection which you made in December, 1914? — I will compare it. Yes, quite correct.

23. It was certified the port of register was Liverpool, the official number 124,000, and gross tonnage 4,80(3 ? — Yes.

24. The number of passengers for which the certificate was given was 118 first class. 72 second class, and a crew of 92, making a total of 282 people? — Yes.

25. Does it certify there were seven boats capable of accommodating 282 people, 12 lifebuoys, and 301 life jackets ? — Yes.

26. Were those all there when you inspected the vessel ?

27. Did you examine the boats ? — Yes, I examined the boats on the 21st December.

28. Were the boats swung out and lowered into the water at the time of your examination ? — Yes.

•J9. What was the condition of the launching appli- ances ? — In good condition.

30. How did they work ? — They worked very satisfac- torily.

31. What was the character of the construction of the boats — how were they built — I do not mean the technical details : I mean were they well built ? — They were well built and in excellent condition.

32. When they were in the water were they quite water- tight ? — Yes, absolutely tight.

33. Were all the lifeboats properly kept in accordance with the life-saving appliances rules ? — Yes.

34. Speaking generally, as the result of your survey, what do you say as to the efficiency of the life-saving appliances for the purpose of saving the lives of a crew and passengers numbering 242 in case of emergency ? — Quite capable and sufficient.

35. Are you familiar with the way in which Messrs. Elder, Dempster & Co. keep their vessels ? — Yes.

36. And you can answer questions upon that if desired ? — Yes.

37. Does your certificate show that there was a gig in excess of these seven boats ? — No.

38. Did you know it was there ? — Yes, it was there on my survey, but on account of it not complying with the regulations as a Class 1 boat, I could not include it in my declaration.

39. Was that gig outside the regulations or an added boat over and above the boats that the vessel was bound to carry ? — Yes.

40. Can you tell me what the positions of these boats were in relation to their number on the vessel ? — Yes, at the time of my survey the six midship boats were placed exactly as they are on that plan.

41. 1, 3 and 5 on the starboard side, and 2, 4 and 6 on the port side ? — Yes. No. 7 was ou the starboard side, No. 8, a boat of Class 1, was on the port side.

42. Taking those seven boats which you certified, what were their several capacities ? — No. 1 boat could accommo- date 49 persons ; No. 2 boat could accommodate 50 ; No. 3 boat could accommodate 49 ; No. 4 could accommo- date 49 ; No. 5 could accommodate 29 ; No. 6 could accommodate 28 ; and No. 8 (although it was the seventh boat it was No. 8) could accommodate 28.

43. You might tell me about the position of these boats in relation to the decks of the vessel. How many decks did the vessel have ? — Counting them all there were five, including the boat deck.

44. Was the boat deck the one at the top — the highest of all ?— Yes

45. Is that where these boats Nos. 1, 2, 3, 4, 5 and 6 were ? — Yes.

46. Was the deck below that — the saloon deck ? — Yes.

47. Tell me about the placing of boats Nos. 7 and 8, where were they placed ? — They were placed on a boat deck, one deck above the main upper deck of the vessel.

48. But below the boat deck on which the other boats were placed ? — Yes, one deck below the line of the mid- ship boats.

49. When you surveyed these boats did they go down into the water ? — I have already given evidence to the effect that the boats were lowered into the water.

Examined by Mr. Cotter.

50. And there were plugs in every boat ? — Yes.

(Tin- Witness withdretoi)

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

Walter Campbell Baxter.

[Continued.

Walter Campbell Baxter, Sworn. Examined by Mr. Branson.

51. Were you Chief Officer of the " Falaba " at the time of her loss '? — Yes.

52. I think you hold a Master's Certificate?— Yes.

53. Have you been in the Elder Line for the last ten years ? — Y es.

54. I think you joined in 1905 as fourth officer, and worked your way up ? — Yes.

55. And you were made chief officer in one of the vessels of the line some time at the end of 1908 ? — Yes.

56. How many officers had the " Falaba " ?— Four.

57. And the captain — what is his name ? — Captain Da vies.

58. He was unfortunately lost ? — Yes.

59. The " Falaba" was a vessel of 4,806 tons gross and 3,011 tons net ? — Yes.

60. You left Liverpool at what time on the 27th March ? — About 6 p.m.

61. At the time were you laden with general cargo? — Yes.

62. Was your vessel armed at all ? — No.

63. Had she any means of offence or defence ? — None whatever.

64. I think you were bound, the first port, to Sierra Leone, and to various West African ports? — Yes.

65. I think you had 147 passengers on board : 85 males and 7 females of the first class, and 55 males second class — is that right ? — Yes.

66. We have the boats. We have been told by Mr. Miller the position on the poop of two boats. Was that position correct ? — Yes.

67. Then we may take it that the lifeboat was on the starboard side, on the starboard quarter, and the gig ? — The gig was on the port side.

68. Apart from numbers the gig was on the port side and the life surf boat was on the starboard side ?— Yes.

69. Are those the right numbers on the plan ? — Yes. The Commissioner : Then I do not follow it.

70. Mr. Branson : I thought the witness was mixing up 7 and 8, but he says they are right ; No. 7 is the gig, and No. 8 is the life-surfboat. (To the witness.) Is that right?— Yes, that is quite right.

71. You have been some time in this Line ; have you any rule as to boat-drill ? — We have done it once a week. I 'know there are instructions, but I have never seen them.

72. But there is a rule to have boat-drill every week ? —Yes.

73. Had you any boat-drill on the " Falaba " before this accident ? — No.

74. When, usually, do you have your boat drill after starting on a voyage?— The first Saturday or Sunday.

75. Have you any lists prepared ?— There is a list from the office.

76. Of what ?— Of all the crew in the ship.

77. But are there lists of officers who have to attend to certain boats ?— There is every boat on the list, and they are posted all over the ship.

78. Were they posted on this occasion ? — No, they were posted on the previous voyage.

79. The list for the voyage on which you were had not been prepared ? — No.

The Commissioner : Had you the same crew? — No.

80. Then how would the men on board know which boat they had to go to ?— I could not say how many new- men were in the ship. I was not in the ship the previous voyage.

8 1 . But how would the men on board when you started know what boat they would have to go to ? — I could not say.

82. But could they know at all ? — The lists were all there.

83. But the lists, I suppose, had the names of the men ? —Yes.

84. And if the men had changed, I do not see how the men could know where they were to go ? — No.

85. The crew was not the same on both voyages, was it ?— No.

86. They were not the same men ? — No.

87. Then if the men on board went to look at]the list, and the list was the old list of the previous voyage, they

would not find out what boats they were to attend to ?

No, but the large majority of them would.

88. Mr. Branson : On the old lists would there be the names of the men and their rank ? — It has the printed rank.

89. The name, and " Chief Officer," and the next name and " Second Officer " ? — Yes.

90. And they would be allocated to a boat ? — Yes.

91. And those lists would remain up until new lists were prepared ? — Yes.

92. The Commissioner: Who prepares the list ?— The purser.

93. How soon after the ship put to sea does he prepare the list ? — As soon as possible ; generally the next day.

94. Mr. Branson : Coming to the day of the disaster at 8 o'clock that morning did you go on duty ? — Yes.

95. I think you were on for the 8 to 12 watch ? — Yes.

96. Did you relieve the second officer ? — Yes.

97. And the third officer, who was in your watch, also came on duty, relieving the fourth officer ? — Yes.

98. About 10.30 that morning did the assistant purser come to you ? — Yes.

99. What for ? — He asked me if he could have one of the old boat station lists, and I told him where to find one.

100. Was that for the purpose of preparing the new list ?— Yes.

101. At that time do you know what course you were steering ? — Yes.

102. What was it ? — S. 36 west, by compass.

103. Were you proceeding at full speed ? — Yes.

104. What is your full speed ? — Between 13 and 14 kuots, I should think.

105. What were the conditions of weather ?— Very moderate.

106. Was there any sea ? — A little choppy, that is all.

1 07. Were you keeping a good look-out ? — Yes.

108. About 11.40 did something happen ; did you get a report ? — Yes.

J 09. What was it ? — A submarine two points abaft the starboard beam.

109a. Did you see it ? — Yes, immediately after.

110. How far away was it ? — About three rniles.

111. At that time was the master in charge with you ? — The master was just inside the chart room.

112. Did he take charge? — He came out immediately.

113. The Commissioner: Just describe to me what it was yon saw three miles away? — Something just rising out of the water.

114. What was it ? — It was like a conning tower.

115. What was the height of it ? — It was very low in the water. I could not judge the height.

116. How many feet do you suppose ? — It looked about four or five feet out of the water.

117. What was the diameter of the thing? — I really could not say.

118. And you saw it three miles away? — Yes.

119. Mr. Branson : Was anything done on your vessel when you saw it ? —Yes, our course was immediately altered.

120. What for ? — To make the submarine right astern.

121. Was anything done to your engines ? — Yes, rung up to '■ full speed" again.

122. The Commissioner : What speed were you going at then ? — We were going full speed — about 13£.

123. Then what did you do to. the engines ? — We rung up to full speed again, and I think the captain sent the third officer down. He left the bridge and I think he went down to see if they could get any more speed out of the ship.

124. Mr. Branson : Did you see the submarine with your eye, or with the aid of glasses? — With the aid of glasses.

125. Could you make out whether she was flying any flag ? — She was flying a white ensign.

126. Could you make out, when you had the glasses, what white ensign it was — the British ? — We could not see any black cross on it at all when we first sighted her.

127. After that were you sent by the master to the wireless operator's room ? — Yes.

128. Where is that ? — Right against No. 1 boat.

MINUTES OF EVIDENCE.

20 May, 1915.]

Walter Campbell Baxter.

129. Did you give the operator a message ? — Yes, I told lnra to signal all stations that there was urine following us flying a white ensign.

130. - ., .- What did the white ensign in- dicate to you ? — An English Mag.

131. Did you think it was an enemy flag '/—No, I did not at the time. I thought it was an English flag, and the captain agreed with me. too.

132. Did vou think an English submarine was following you?— Yes.

133. Mr. Branson : On leaving the wireless operator 9 room, did you get a telescope from a passenger ? — Yes. one of the passengers was watching the submarine.

134. Tin ' ■>■: Were you making away from the submarine ? — Yes.

13.".. If you thought it was an English submarine, why V — The captain remarked that he did not care whether it was English or not : he was not going to trust it. because he could not make it out.

136. Then he doubted it .'—Yes. he doubted it very much.

137. Mr. Branson : When you got the passenger's tele- scope, did you see the same flag ? — No. I saw a flag with a verv strong black cross in the corner — the German Ensign.

Did yon go back to the bridge then and join the master ': — Ye-.

139. Did you continue to manoeuvre to keep her astern of you ? — Yes.

14'i. And after a while did she give you a signal ? — Yes.

141. What was the signal? — "Stop, and abandon ship" — A.B.. I think it is.

142. The ' - Was she overtaking you? — Yes. very fast.

143. J//-. Branson : Was it a flag signal ? — Yes.

1 44. •• Stop, and abandon ship ? " — Yes.

145. Did you continue on ? — Yes.

146. At this time had you in fact any boats swung out? — Ye*.

147. Which boats were they ? — Nos. 5 and 6.

14-. Were the others swung out? — Nos. 1. 2, 3 and 4 and the gig were swung out before the pilot left the ship on the Saturday evening.

149. Tht ' - . Why were not Nos. 5 and 6 boats swung out ? — I cannot say. I asked the master what boats he wanted out. and he told me to put the four lifeboats out and the gig.

150. Can you suggest any reason why they were not all • nit ? — No. I cannot.

151. Is it the practice to have them all out ? — It would not have made much difference, because it is very

put those boats out — there is no trouble about it.

152. .7 Can you tell me whether they were pat out before or after you got the signal " Stop, and abandon ship " ? — I cannot say. because I was very busy.

153. Thi ' How long does it take to swing the boats out ? — We could put the who-- - in less than ten minutes, taking one at a time.

154. Mr. B When you got the order "Stop, and abandon ship.'" were any Instructions given to the officers or crew or passengers ': — Yes. I informed the chief steward, also the second steward, and one of the other stewards, to call all the passengers and put the lifebelts on and assemble on the boat deck.

155. Did you see them doing it? — No. I could no! - from the top bridge.

. Later, did you get another signal from the sub- marine ? — Yes. but she was very close.

157. Wba: was that >ignal ? — " Stop, or I will fire into you."

'- A: that time were yon still going full speed? — V,-.

159. What time did you get that signal? — That would be about midday.

160. Then did you and the master have a conversa- tion ? — Y

161. Thi How many knots was the sub- marine making ? — I should say 18 very easily.

162. Mr. Branson : What passed between you and the master when you got that signal ? — The master asked my opinion about stopping, and I said that considering we had so many passengers aboard, and it was impossible to

way. it would be best to stop.

163. And did you stop the ship ? — Yes.

164. Did you stop by reversing or simply by stopping the engines ? — I do not know. When we stopped the ship the captain told me to take the starboard boa:-.

165. So yon do not know ? — No.

166. Which boat on the starboard -id" did von go to first r— No. 1.

167. When you got to it where was it V — It was swung out already.

- Level with the boat deck ?— Yes. level with the boat deck.

169. Who had charge of the falls of it? — It was -

of the stewards, but I do not know who they were. I did not see any of the quartermasters at that l>oat.

170. When von got to it was there anvbodv in it? —No.

171. Did yon fi'l ;t ?— Yes.

172 With passengers'- — Yes. and so many of the crew.

173. Then what did you do? — Lowered away, and when it got to the promenade deck several of the passengers jumped in from the promenade deck and the man let go the fall, and the other man let go the fall to try and save it. but it was impossible.

174. Did you see them j imp in ? — Yes.

175. What part did they jump in ?— The forward part.

176. At that time were the men slacking away ? — Yes.

177. And your view- is that the extra force with the weight suddenly put upon the boat caused the men to let go ? — Yes.

178. What was the result ? — The boat and everybody went into the water, but they all had lifebelts on.

179. What was the nest boat you went to ? — No. 3. That boat was already full I took some out because there were too many in to my idea, and also to leave room for those in the water, and I took one full myself.

- . How many did you leave in ? — V : or 5 J.

181. Did you lower that safely into the water ? — Yes

182. Did that boat always remain afloat — was No. 3 always afloat? — No. 3 was all rig t.

183. What was the next boat you went to? — No. 5.

184. What was the position of No. 5 when you got to it ? — On the boat deck.

185. Were there any passenger- in it ? — Yes. but not many.

186. Did you lower it ? — 1 lowered it down to the promenade deck by the master's orders, and when I got it down to there he came to me and said there was a lady left. I looked at the boat and said there was no room and we sent h°r to the gig.

187. Was that the last lady in the ship? — Yes.

188. Was she taken to the'gig?— Ye>. I took her to the gig myself.

- . Then did you attend to the launching of the _ . — Yes. and filled the gig up with about eighteen ar_ - the fourth officer in charge of the gig and to pick up as many as possible out of the water.

190. Then No. 5 was lowered by you before going to the gig ? —

L Did you go back to No. 5; — No. I put No. 8 boat out then, and that filled very quickly. I asked how- many of the crew were in and told them to come out and they did so. and just as I looked I saw the torpedo coming through the water.

192. In what position w-a> the boat ? — She was already full waiting to be lowered, and ins: a- we started to lower it the : irpedo hit us and down went the ' [t "el! flat

on the water but i ver.

. ded with people r — Y -

194. And it turned ov'cr ? — It turned ov - .: the water.

195. Did you see the torpedo?— Yes I through the wal

. At that time were there any people in the water ? — Yes. there was a lot of people round there.

197. Of course you could see the track of the torpedo ? — Yes. very plain.

198. And it hit you where? — la-: at the after end of No. 1 boat.

199. Was it a very violent explosion ?— Yes. very loud. The captain of the trawler that picked me up said he heard it 16 miles away.

. Do you know what time the torpedo struck — Ye-.

201. What time?— It would be 12.5 or 12.10 or 12.11.

202. When it struck your ship what happened to the " Falaba " ? — She immediately took

203. Then did she settle down ?— Yes. she settled by the stern.

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

"Walter Campbell Baxter.

[Continued.

204. At the time she commenced to settle down you were still with the master I understand ?■ — I never saw him after I left him with the lady.

205. Were there any other persons on the ship ? — The only people on the ship were on the poop with me.

206. Were they passengers or crew ? — Crew,

207. Did you give them some advice or instructions ? — ■ Yes, not to jump too quick and to throw everything over the side that was floatable.

208. And djd they ?— Yes.

209. And after a time did you say " jump " and did you all jump ? — Yes.

21 0. I think you were the last to leave the ship ? — I was at that end of the ship as far as I know.

211. Had you a life jacket on yourself? — No I had not. One of the soldiers in No. 8 boat threw me his belt, but there was no occasion for it as there was plenty. I had not time to think about it to get one myself ; I had two in my room.

212. How did you remain afloat ? — Swimming. I was picked up about two hours after.

213. Do you know what time you were picked up ? — About two-and-a-half hours after.

214. Were you picked up by one of the trawlers ? — No, I was picked up by No. 3 boat.

215. Were you taken to one of the trawlers ? — Yes. There were three passengers and myself picked up by this boat.

216. Can you tell the Court how long it was from the time the " Falaba " was struck to the time she sank? — I should think about eight minutes.

217. The Commissioner : How long was it between your first sighting the submarine and the sinking of the " Falaba " ? — We sighted the submarine at 11.40, and I left the ship at 15 minutes past 12.

218. A little more than half an hour ? — Yes, it was about 12.4 or 12.5 when we stopped the ship.

219. Mr. Branson : And about 12.10 I understand the torpedo was fired ? — Yes.

220. Did you see the submarine when you, with 8 or 10 others, were on the poop ? — Yes, I remarked to them

221. Where was it ? — Just aft the starboard quarter.

222. What part of her was exposed still — the conning tower only ? — No, she seemed a little bit out of the water.

223. Did you see anybody on her ? — Yes.

224. Was there anybody on the deck of her ? — Twelve or fourteen came on deck when No. 1 boat went into the water : she was coming on top of the submarine, and the

submarine turned round and went on the starboard quarter.

225. Was anyone clinging to the boat ? — Yes.

226. Was there any attempt to render assistance ?— None whatever.

227. Did you notice the people on the submarine ? — Yes.

228. What were they doing ? — They all came up on deck.

229. The Commissioner : What attempt could be made? — They certainly could have picked some of them up.

230. How would they pick them up ? — I cannot say. I expect they would have a collapsible boat

The Commissioner : I do not know what the submarines carry. Do you know, Mr. Solicitor ?

The Solicitor-General : We have no information upon that.

The Commissioner : Do you know, Mr. Aspinall, what they carry ?

Mr. Butler Aspinall : No, my Lord.

The Commissioner : It is no use saying no attempt was made unless you satisfy me that they, could have made an attempt.

231. Mr. Branson (to the Witness) : Could you see any ropes or lifebuoys on her or anything of the kind ? — No.

232. Nothing ? — Only two guns.

The Solicitor-General : Of course it is known that sub- marines have saved people's lives at sea. Our own have done it again and again.

The Commissioner : Can you tell me how they do it ?

The Solicitor-General : 1 suggest possibly your Lordship might get expert assistance on that point which I cannot give you.

231 The Commissioner \to the Witness) : What do you think they ought to have done ? — I could not really say unless they had picked them up.

234. But picked them up, how — you cannot put your fingers into the water and pick up men ? — No, but I under- stand they had a collapsible.

235. Who told you that? — I do not know, but I heard it a long time ago. I do not know whether they had or not.

236. Mr. Branson : No. 1 boat, as I understand, was bottom upwards ? — Yes.

237. And you say that floated close by the submarine? —Yes.

238. And there were some people clinging to it ? — Yes.

Examined by Mr. Butlek Aspinall.

239. You attended to boats Nos. 1, 3, 5 and 8?— Yes, and 7.

240. With regard to No. 5 yc-o told us you went away with a lady ? — Yes.

241. And put her into the gig? — Yes.

242. When you left No. 5 boat, where was she ? — Just by the promenade deck — lowered to the promenade deck.

243. Was she in charge of any sailors when you left her ? — There were two sailors with that boat.

244. Did you give any orders to the men when you went away ? — No ; the captain was in charge. I left the captain there.

245. So that No. 5 when left by you was in charge of the captain and two sailors ? — Yes, and there were some stewards there.

246. And you yourself saw nothing more of No. 5 ? — No.

The Commissioner : I should like you, Mr. Solicitor, if you would be good enough, to draw up a list of each one of these boats, and put opposite each number its history in connection with this disaster, so that we may be able to bear it all in mind.

The Solicitor-General: Certainly, my Lord. It is not easy to be quite definite about the port side of the vessel, because your Lordship I think will hear some rather divergent stories on that.

The Commissioner : We have heard nothing, practically, about the port side yet.

The Solicitor-General : No. I think there is no doubt that, roughly speaking, what I have said is quite accurate, that Nos. 1 and 2 were capsized in the course of being launched ; that Nos. 3 and 4 went safely away ; that Nos.

5 and 8 were upset when the torpedo struck the vessel, and that No. 6 went away safely. Three went away safely, two were capsized in the course of being launched, and two, according to the evidence, were capsized when the torpedo struck the vessel ; they were in course of being launched.

The Commisioner : No. 1 does not seem to have been very well handled.

The Solicitor-General : Your Lordship heard what happened with regard to No. 1. The witness has told you how it occu'-red that they had the extra weight thrown on the boat.

The Commissioner : No ; before the extra weight came, I understand the bow of the boat went down.

The Solicitor-General : No, my Lord, I do not under- stand that to have been so.

247. The Commissioner (To the Witness) : Tell me again what happened to No. 1 boat ? — No. 1 boat was held from the boat deck, and while she was being lowered down several passengers jumped into the boat from the promenade deck, causing the man to let go the fall.

248. It was the weight of the passengers that caused the man to let go the fall ? — Yes.

219 That was one end of the boat?— Yes, and the other end was immediately let go.

250. In order to straighten her ?— Well, in order to try and straighten her up.

251. The Solicitor-General : Have you been served with a notice to attend here ? — Yes.

252. Were there any distinguishing marks on this sub- marine, by which you could identify her ?— No ; I looked especially, and I could not see any.

MINUTES OF EVIDENCE.

20 May, 1915.]

Thomas Henry Spray.

[( Continued.

Examined by Mr. Cotter.

253. Is it not a fact that Elder, Dempster carry a mixed crew on their ships ? — Yes.

254. Black and white ?— Yes.

255. What were the proportions of the coloured men to the white men on the " Falaba " ? — No comparison whatever.

256. What were the numbers — can you give any idea? — I could not say, but I should think there were about 18 black fellows/

257. Did the 18 black fellows ever take part, to your knowledge, in boat drill ?— Yes, every boat drill.

258. How did they know their boats? — They know their boats because each man is told off for his own boat.

259. Each man is told off ? — Yes.

260. Is it not a fact that the majority of these men cannot read or write ? — No, but they know their names all the same.

261. Was there any boat drill before the " Falaba " left, to your knowledge ? — No.

26"2. When you gave the order to go to the boats, did the black men go ? — All the black men were down below, to my knowledge.

263. Did any of them come on deck? — Only two on the poop with me.

264. The Commissioner : Were any black men saved? — Yes.

2-i5. How many ? — I do not know how many.

266. Mr, Cotter: Can you tell us how many white sailor* you had on board ?— There were four quarter- masters, three A.B.'s, a boatswain, a carpenter, an

ordinary seaman, and two deck boys.

267. That is 12 altogether ?— Yes.

268. Do you think 12 white sailors sufficient to handle eight boats ? — That is not for me to say.

269. So that the stewards would have to do the chief handling of the boats ? — They always do ; everyone takes their part in the boat.

270. There was no panic ? — No, none whatever.

271. Mr. butler Aspinall : Might I ask a question with regard to the stewards ? Are the stewards on the Elder, Dempster Line capable and good men in a boat ? — Yes.

272. Do they get a good deal of practice in a boat ? — Yes, they do.

273. I do not know whether it is within your know- ledge, but I balieve you have been on cargo boats before belonging to the Elder Line ? — Yes.

274. Is it a fact that a prize is given for the best and quickest managed boat, — getting her out and racing her to a spot and bringing hw back? — Yes, every man gets 5s.

275. And do the stewards take part in that ? — Yes.

Examined by Mr. Ronald McDonald.

276. Did the crew at the time of the disaster know their 279. Did you examine the boats ? — Yes, on the Saturday divisions ? — No. morning.

277. Were there any lists stuck up ?-Yes, from the 2&0 In what condition were they ?_in Teiy „ooi last voyage. . . (.. . condition. J °

2/8. Were there many new hands on this voyage? — Yes. 281. Was the lowering apparatus all right ? — Yes.

(The Witness withdrew.')

Thomas Henry Spray, Sworn. Examined by the Solicitor-General.

282. The Solicitor-General : My Lord, there were formal notices served on the three people I have mentioned, Messrs. Craig, Baxter and Thompson, and I had better put them formally in. (To the Witness.) Were you fourth officer on board the " Falaba " in March of this year? — ■ Yes.

283. When she started from Liverpool on March 27th was that your second voyage in her ? — Yes.

284. On the previous voyage when were the boat lists put up ? — On the day after sailing.

285. Had those lists been altered when she started from Liverpool on the 27th of Match ? — The new lists were not posted. The old ones remained up.

286. Had vou your station assigned to a boat ? — Yes.

287. What was it ?— No. 5.

288. The Commissioner : Would the names of the black men appear on these lists ? — Yes.

289. Are they able to read ? — The majority of them are.

290. Where do they learn to read ? — I could not say. They have some form of education in West Africa.

291. Tin- Solicitor-General : Did you have boat drill with black men on board on the previous voyage ? — Yes.

292. Did you find any difficulty then in their under- standing their stations ? — None whatever.

293. No boat drill was held on this occasion as you had not been out at sea 24 hours ? — No.

294. Tin Commissioner : Had you no boat drill in port before starting ? — Not to my knowledge ; there was not on this occasion.

295. Is it a common thing to have a boat drill before starting ? — I cannot say. I have only made one previous voyage with the Company.

296. Have you made other voyages in other ships ? — Yes.

297. Do you have a boat drill before you start ? — No, not usually.

298. Never ? — No, it is not usual.

The Solicitor-General : With the intention of avoiding asking this witness matters which were not challenged

The Commissioner : I do not think you need trouble about matters that are not seriously attacked.

299. The Solicitor-General: That will shorten the inquiry, and I am obliged to your Lordship. (To the Witness.) Do you remember the submarine being sighted ? — No.

300. You did not see it ? — No, not when it was sighted.

301. When was the submarine first pointed out to you ? — When I came on deck about live or ten minutes to twelve.

302. Was that when it was your duty to relieve the third officer on the bridge ? — Yes, at 12 o'clock.

303. Who pointed the submarine out to you ? — There were some passengers and some stewards just outside my room door — I cannot say ; they were all looking at it.

304. How far was it away then ? — About a mile and a quarter.

305. Did you then go up to the bridge ? — Yes.

306. Who were there ? — The captain and the chief, second and third officers.

307. Did you get instructions from the captain ? — Yes.

308. What did he tell you to do? — I saw him standing at the top of the ladder on to the bridge deck, looking at the submarine, and he told me to go forward on to the bridge itself and keep a look-out ahead for anything coming down.

309. Shortly after that did you get further instruc- tions ? — Yes.

310. What were they ? — He came along and told me to go down and tell the chief steward to get all his boys on deck, meaning of course the steward's staff, and any passengers who were down below.

311. How near was the submarine then ? — Within hail- ing distance, about 100 yards abeam.

312. Did you hear the commander of the submarine hail the master ? — Yes.

50+3

B

10

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

William Guy.

[Continued.

313. Did you hear what he said?— No.

314. Did you hear what the Master said in reply ?— Yes, he said alright, we are taking to the boats now.

315. Can you give a time when that statement was made ? — It would be as near as I can say about two or three minutes to twelve, but I cannot be accurate.

316. Did you go and give the Chief Steward the order ? — Yes.

317. Then did you go to the boat deck ? — I went to my room then and got my big overcoat on preparatory to getting into one of the boats. Then I returned to the boat deck.

318. When you got back to the boat deck had the engines stopped ? — Yes, and I was going to take charge of No. 5 boat when I was met by the chief officer with a lady. He instructed me to take her aft and get away in the gig.

319. Did you do that ?— Yes.

320. How many were put into the gig with the lady ? — I could not say how many actually were put in but I got away and two or three came down the falls. She had 20 in.

321. W ho lowered the boat ? — The chief officer on one fall and I think it was the purser's clerk on the other.

322. Was it lowered quite safely? — Yes.

323. And altogether you had about 20 people in it ? — Yes.

324. The Commissioner : Which boat was this ? — No. 7, the gig.

324a. Tlie Solicitor-General : Was that as many as she could take ? — Yes, quite.

325. When the boat was safely launched did you then see the submarine ? — Yes.

326. How far away was she then ? — She had moved away some distance after she had fired the torpedo.

327. Did you see the torpedo fired ? — No I heard the explosion, that was all.

328. And you then turned round and saw the " Falaba " go down? — Yes.

329. How long after the explosion did she sink ? — About 10 or 15 minutes.

330. Did you see any marks by which you could identify the submarine? — No.

331. Did you see if she carried a gun ? — Yes, one.

332. When you first saw her could you see what flag she was flying ? — A German ensign.

333. Was that when you first saw her ? — Yes.

334. Were you subsequently picked up by the " Eileen Emma " and transferred to H.M.S. " Liffey " ?— Yes.

335. Was there any accident that overtook any of the passengers on board your boat ? — No.

336. They were all right ?— Yes.

337. They were all safe ?— Yes.

338. You have told us there were 20 in all, and one was a lady ? — Yes.

339. Were there more ladies than that one? — No; that was the only lady I had in the boat.

Examined by Mr. Cotter.

340. When you were in the ship last voyage and you attended boat drill, how did you allocate your boat's crew ? — I divided them into equal numbers and put them half on to each fall, and appointed one man to knock the chocks off and then swing the boat out according to instructions.

341. But when a boat is full of people how many men would you have on each fall ? — Only one man would be necessary to swing a boat out.

342. Who were the men who were appointed to take charge of each fall. Had you men on that occasion for that job ? — No, not particularly.

343. It is a very responsible position to lower a boat full of people and you want a man of experience to do it ? — Yes, exactly. I had the boatswain in the boat, and had

I been in charge I should hive put the boatswain in charge of one fall and an experienced man on the other.

344. You would want 16 men to do that for eight boats ? — Yes, but there are the stewards and others experienced in boat drill.

345. So that you would have to rely on stewards to make up for the sailors. It is really a sailor's job is it not ? — There are a [good many stewards with as much experience in lowering a boat as a sailor.

346. But as an officer would you not rather put a sailor to handle a fall ? — It depends.

347. Would you not sooner have a sailor there than anybody else. It is a sailor's job is it not ? — If the sailor is more competent, yes.

Examined by Mk. Ronald McDonald.

348. Can you tell me the number of new hands there were on this ship? — I am sorry I cannot.

349. Can you tell me when the last boat drill took place ? — We had it two or three times a week coming up the channel on the previous voyage. I cannot tell you the date.

350. Roughly ? — About 3 days before coming into Liverpool.

351. At the time of the disaster did the crew know their positions or did there appear to be any confusion ? — There aid not appear to be any confusion.

352. Did they know their positions ? — Yes.

Examined by Mr. Butler Aspinall.

353. What sort of davits was she fitted with ?— Welin's 354. Is that a very simple arrangement ? — Quite

patent. simple.

Re-examined by the Solicitor-General.

355. I should like to know whether this operation of to learn or is it easily learned ?— It is quite simple with lowering the boat is one that entails considerable difficulty the Welin's davits.

(The Witness withdrew.)

Wi.lliam Guy, Sworn.

Examined by Mr. Branson.

356. Were you chief engineer on the "Falaba"?— 359. On the previous voyage had you boat lists and Yes. stations ? — Yes.

357. Do you hold a chief engineer's certificate?— 360. When are those lists posted ?— The day after Yes. leaving Liverpool.

358. How long had you been her chief engineer ?— 361. On the previous voyage what was your boat ?— Eight years. No. 6.

MINUTES OF EVIDENCE.

11

•-'ii J/./,/, mi;

Wn.UAM Guv.

[Continued,

.'562. When did you first know that there was a submarine in the neighbourhood? — The third officer came down below into the engine-room and told us.

363. Were you on watch then ? — No, it was 12 o'clock I was in my room.

364. What did you do?-T went forward to get the men out and get as much speed out of the ship as possible.

365. Were you going full speed ?— No.

366. Your engines were working at full speed? — No, they were not.

367. What were they working at ?— From 124 to 12jj.

368. The telegraph was at " Full Speed " ?— Yes.

369. But by coaling up you hoped to get a little faster ? —Yes.

370. Did you start doing that?— Yes.

371. Then what was the next thing that happened? — The next thing was they rung "Stop." That was the last ring we got on the telegraph.

372. Did you stop the engines? — We stopped the engines.

373. After that, did you get any order ? — No.

374. Did you get any instructions shouted down the skylight ? — -Yes, by a steward coming along the alley way.

37.">. What was the hail ? — " All hands to the boats."

376. On hearing that what did you do? — I ordered all the men out of the engine-room to go to their boats.

377. What did you personally do then ? — I saw them all out of the engine-room.

378. And when you had seen them all out of the engine-room what did you do ? — I took the lifebelt out of my own room and went on deck.

379. When you got on deck did you see the submarine? —Yes.

380. Where was it ?— Nearly abeam, about 300 or 400 yards from the ship.

381. On which side ? — On the port side.

382. What did you do then ? — I went to get into a boat then.

383. Which boat ?-• No. 4.

384. Why did you not go to No. 6 ? — That boat was already lowered down into the water.

385. Did you see it in the water ? — I did.

386. Did it get safely away ? — I never saw it leave the ship.

386a. And you went to No. 4, you say ? — Yes. 3*37. What was the position of No. 4 boat when you got to it ? — Just level with the lower deck.

388. There is the boat deck and the saloon deck. Was it that deck ? — No, the deck below that.

389. How many people were in that boat when you got to it ? — I did not count, but I should say about 40.

390. What did you do ? — As soon as we got into the water we pulled right away.

391. Y'ou got into the boat from the lower deck ? — Yes.

392. And then when you got into the water you pulled away ? — Yes.

393. You would be on the port side of the vessel ? — Yes.

394. Did the submarine stay on that side ? — No, she went to the other side, the starboard side.

395. The Commissioner : What was the object of the submarine going to the starboard side ? — I do not know.

The Commissioner : How did that come about?

396. Mr. Branson : Do you know whether the ship kept her head when she stopped? — I cannot tell.

397. Did you see the submarine perform the evolution of going from one side to the other ? — No I did not.

398. The Commissioner: When you first saw her she was on the port side ? — Yes.

398a. Did you see her afterwards? — No. I never saw her again.

399. Mr. Branson: You assumed- on missing her that she was on the other side ? — Yes.

399a. Whilst you saw her, did you see whether she was flying any flag with any marks ?— Yes, she was flying a two-Hag signal.

410. Can you describe them ? — No.

401. Did you see any men on her ? — Yes.

402. The Commissioner: What does a two-flag signal mean ? — I do not know what it meant.

403. Mr. Branson : Your Lordship remembers the last signal was " Stop or I fire." (To the Witnexx.) Can you give us any idea what colour they were ? — No.

404. Or what shape? — I think they were a pennant shape.

405. And probably they were code signals ?— Yes, they were code signals.

406. Did you hear the explosion ?— No, I did not hear the explosion.

407. The Commissioner : Where were you ? — I would be about 300 yards from the ship.

408. Do you mean to say the torpedo struck the ship after you had got away ? — Yes.

409. Mr. Branson : You rowed away, you say ? — Yes.

410. Were you in charge of that No. 4 boat ?— No.

411. Who was in charge ? — A passenger of the name of Captain Brown.

412. Master mariner? — A master mariner.

413. What was the next thing that happened after you got away from the ship ? — The ship was torpedoed.

414. But how did you know that ? — I saw the explosion but did not hear it.

415. Tell us what you saw ? — I saw a column of smoke and water go up in the air.

416. At that time you were on the port side of this vessel ? — No, we were on the starboard side by that time. We went down the port side and went round to the starboard side.

417. When the explosion happened were there any other boats near you or did you see any other boats ? — No, there were no boats near.

418. Were there any boats round the ship or being lowered ? — No.

419. The Commissioner: Then at the time the torpedo struck the " Falaba " you were on- the starboard side? — Yes.

420. You had been on the port side ? — Yes.

421. How had you got round? — We pulled round the stem of the ship.

422. Why was that done ? — It was the easiest way to go. Either the tide or the current or the wind took us that way.

423. Then you got round to the side on which the " Falaba " was torpedoed ? — Yes.

424. Mr. Branson : You have told us you saw nothing. You were in the boat. How were you picked up ? — By the drifter.

425. Do you know her name ? — The " Eileen Emma."

426. Was she the first to come up ? — She was the first to come up.

427. The Commissioner : What had become of the sub- marine ? — I never saw her again.

428. Mr. Branson : From the time you saw the smoke, until the time the "Falaba" heeled over and disappeared, how long elapsed ? — The smoke of the submarine ?

429. No. From the time you saw the smoke of the explosion ? — Ten minutes.

Examined by Mr. Ronald McDonald.

430. Did the men go to their proper boats as far as you can tell ? — As far as I can tell.

431. Did they know what to do? — They knew their stations — the men w'ho were in the ship before.

432. Can you tell me why boats numbered 5 and 8

were not got out sooner than they were? — I cannot tell you, I was down below.

433. Can you tell me approximately the number of new- hands on this voyage ? — No I have no idea. I could tell you the engine-room stiff.

Examined by Mr. Cotter.

434. I take it you would have been in charge of No. 6 boat if you had been in your right station? — Yes.

435. But you say a passenger was in charge ? — Yes.

436. Ought not you to have taken charge ? — No. I am not a master mariner.

5043

B 2

12

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP " FALABA.'

20 May, 1915.]

John Ellams.

[Continued.

437. But would it not have been your duty as chief engineer to take charge of any boat you got into ? — I do not know.

438. Will you agree to that ? — Yes.

439. When you went on deck did you see any soldiers? —I did.

440. In khaki ?— Yes.

441. Were they looking at the submarine ? — Yes.

Re-examined by the Solicitor-General.

' 442. How many were there ? — I have no idea.

443. Do you know who they were ? — No, I do not.

444. You know nothing about them ? — I know nothing about them.

The Commissioner : What were these people. The Solicitor-General : He says they were some people in khaki.

445. The Commissioner : Was the " Falaba " taking out any troops ? — There were a few troops as passengers.

446. I mean troops — soldiers ? — No, they were passengers as far as I know.

447. Were they passengers in khaki ? — Yes, going out to West Africa.

448. But people who go out to West Africa do not go out in khaki do they ? — Soldiers going out to the coast always come on board in their uniforms.

The Solicitor-General : What I think the witness means, my Lord, is that there were a number of officials on the boat going to West Africa.

The Commissioner : What sort of officials — were they combatants ?

Tlie Solicitor-General : I will get details of that. There were no doubt a number of officials, and I think the witness means these officials dress themselves in khaki.

Mr. Cotter : I am instructed there were 10 officers and about 30 men on board.

{The Witness withdrew.')

Mr. McDonald : I have here, my Lord, a reproduction of a photograph which shows at least a couple of soldiers in khaki.

The Commissioner: I do not thi'ik it is of much importance. In fact, I do not think it is of any im- portance at present, but I did not know there were any military men on board.

Mr. McDonald : I have also a reproduction of a photo- graph of the submarine taken from the " Falaba " itself.

The Commissioner : Show it to the Solicitor-General.

Mr. McDonald : I believe it has already been shown him.

Tlie Solicitor-General : No, I have not seen it.

The Commissioner : Is it a photograph from a paper ?

Mr. McDonald : It is a reproduction of a photograph taken by my client of the submarine.

2 he Commissioner : Are you able to prove it ?

Mr. McDonald : Of course, my client is in the Cameroons at the present moment.

The Commissioner : Then that means that you are not able to prove it.

Mr. McDonald : No.

Tlie Commissioner : Then I think you had better leave it alone.

Mr. McDonald : If your Lordship pleases.

John Ellams, Sworn. Examined by the Solicitor-General.

449. Were you a steward on board the •' Falaba" ? — Yes.

450. When did you join the " Falaba " ? — For this voyage at 7 o'clock on Saturday morning.

451. Had you ever been on her before ? — Yes, about 18 months.

452. Eighteen months before that ? — No.

453. You had been on her 18 months, and had made several voyages in her? — Yes.

454. Was it part of your duty to see that in each of the state rooms there was a lifebelt for each berth ? — Yes.

455. Did you do that on this occasion ? — Yes.

456. Werd they all there ? — Yes.

457. What was your place in boat stations on this vessel ? — Number 2 boat according to the previous voyage boat list.

458. How many passengers had you under your care ? —23.

459. Can you tell me how maDy first-class passengers there were ? — 91 or 9 !.

460. The Commissioner : 91 first class passengers? — Yes.

The Commissioner : I thought there were 118. The Solicitor-General : There were 85 men and 7 women first class passengers — that is 92.

The Commissioner : What does the 118 mean.

461. The Solicitor-General : That is the number she was certified for my Lord. She was certi^ed to take 118 first class passengers and 72 second class. ( "o the witness). Do you remember the submarine coming after the vessel on the day after you left Liverpool ? — Yes.

462. When did you first hear of it ? — At a quarter to 12 I think.

463. Did the chief steward give you directions as to what you were to do ? — Not to me personally, but he gave word to the stewards who were in the corridor at the time.

464. Then did the chief steward hand on directions to you ? — Yes.

465. What did he tell you to do?— He told us all to get our coats and hats on and to get to our boat stations.

466. What did you do ? — I went and put my hat and coat on.

467. Then what did you do ? — Came along the corridor and found the passengers coming out with life-belts on.

468. Then what did you do ? — I asked the stewardess was Miss Winchester out of her room and she said " No, she was lying down." I said "You had better get her out, we have only ten minutes to leave the ship." She went to her room and got her out.

469. Did you hear any orders given to man the boats ? —Yes.

470. You saw the passengers coming out ? — Yes.

471. Had they got lifebelts on ? — Yes.

472. All of them ?— Yes, all of them I saw.

473. Was their any panic ? — No, not that I saw.

474. When you got your cap and coat on did you go to your boat number 2 on the port side ? — Yes.

475. Did you see the boat break away from the davits and the passengers and crew thrown into the water ? — Yes.

476. Cjuld you tell how it happened ? — Yes.

477. You could ?— Yes.

478. How did it happen? — One man let the fall run through his fingers.

479. Could you see what made him let the fall slip through his fingers ? — No, because the Captain was giving me instructions at the other fall. The man with the fall at the after end of number 2 boat let it go, and that end of the boat fell straight down. The Captain then told me to let the other end go gently.

480. The Commissioner : How did he came to let it go ? — I cannot tell.

481. Do you know who the man was ? — Yes.

MINUTES OF EVIDENCE.

IX

20 May, 1915.

Joshua Thomas.

[Continued.

482. Is he alive?— No,

483. Z%« Solicitor-General : Did you throw things over into the water? — Yes.

484. Such as empty beer cases and tilings of that kind ? — Yes, there were four or five people picked off those

cases, and I daresay they can tell you more about how it went down than I can.

485. Did you get away in the gig ? — Yes.

486. Were you picked up by the " Eileen Emma " ? —Yes.

487. This No. 2 boat go away all right, did it not ?

488. What happened to it V— It split.

480. But it got into the water all right, did it not? — No, it broke away from the forward end.

Examined by Mr. Bateson. No.

490. The Commissioner : How many people were there in it when the man let go of the rope ? — I could not say.

491. But whoever was in it fell into the water ? — Most of them, yes.

Examined by Mr. Cotter.

492. What was the rank of the man who let go of the fall — what was he, do you know ? — Yes.

492a. What was he ? — A butcher — the chief butcher.

493. He was on the other fall lowering the boat V — Yes.

494. Where is the " G-Iorv hole " situated in the " Falaba " ?— Right aft.

495. How many slept there ? — I could not say. I had never slept there.

496. Have you no idea. How many stewards had you aboard ? — I could not tell you that.

497. You cannot give us any idea? — Forty odd, I think.

498. And when the order was given I suppose there would be a lot of them in the " Glory hole " ? — I could not say.

499. You do not know where they were ? — No, I was in my room. I do not know where the other men were. Some of the men would be off watch.

500. How did you know your boat ? — From the pre- vious voyage boat list. I have been in that boat six or seven voyages.

501. Were you in her last voyage ? — Yes.

502. When you got on deck, was there any panic? — No, they were singing.

503. The Commissioner : What were they singing ? — " It's a long way to Tipperary."

504. Mr. Cotter : You had no difficulty in getting the passengers on deck up the companion ways ? — No, none whatever. By the photograph you can see some of the passengers sitting on the deck with lifebelts on.

505. Mr. Branson : You were there, and from what you saw do you think the passengers were taking the mitter seriously ? — No, they were not taking it seriously.

506. Mr. McDonald : Can you tell me how many new hands there were on this voyage ? — I could not.

507. Approximately? — I might say 20 amongst

508. But altogether— 30 or 40 ?— No, there could be 30 or 40. Do you mean amongst all the crew ?

509. Yes ? — I cannot say about the whole crew.

510. And amongst the stewards ? — About 20 of 40.

the

not

out

(The Witness withdrew.)

The Commissioner .- When was the crew signed on, Mr. Aspinall ?

Mr. Butler Aspinall : The day before, my Lord.

The Commissioner : Do they always come on board the day before.

Mr. Batter Aspinall : No, soma do njt turn up at all.

The Commissioner : Are there any means of knowing before the ship starts what the crew consists of — accurately.

?&Mr. Butler Aspinall : No, my Lord, approximately one knows what it will consist of.

'The Commissioner : So that the accurate information for making up the lists cannot be obtained until the ship actually starts.

Mr. Butler Aspinall : Until she has cleared the dock head it is quite impossible from a business point of view. I am told it is quite impossible to get the list ready until' they have been at sea some hours.

Mr. Cotter : The method adopted by the big Companies is to take a list on the day of sailing and they know exactly how the crew is. They have a boat drill before the ship goes out.

The Commissioner : That may be, but you will have to give evidence about that if you wish.

Joshua Thomas, Sworn.

Examined by Mr. Stephens.

511. Were you on board the "Falaba" as carpenter? — I was.

512. Had you been on board her before? — Yes, I was on her two trips, but not the two previous trips to the last one.

513. After you left Liverpool were any lifeboats swung out ?— Yes.

"il-l. How many? — I could not tell you exactly how many, but I know there were a certain number of boats swung out and I went round them all.

515. Did you get into them ?— Yes.

516. Did you examine them ? — I did. '

517. What was their condition ? — The condition was first-class. The boats were all right.

518. Did you look to see if the plugs were in them ? — Yes ; some of the plugs were out and I put in all that were out.

519. Did they fit ?— They fitted splendidly.

520. Did you hear there was a submarine about on Sunday ? — I was down below in my room having a read and I heard the seven bells go which means 20 past 11. I thought of getting on deck, but I remained down a little longer, and about a quarter of an hour

afterwards someone came and said " Submarine ! all hands on dejk." I went on deck and went to my boat station.

521. Which boat was that?— No. 1. The submarine was coming at full speed and I went forward to make another alarm in case any one was left behind, and I sung out again " All hands on deck. Submarine ! " Then I went back to my post at No. 1 boat and stayed there all the time. When I first got on deck the submarine was, I should say, at about a line of 45 degrees to (he centre boat.

522. Then you went to No. 1 boat? — Yes.

523. Who was at the falls? — I could not say who was lowering the falls, but I know the chief officer was there— that is all I can tell.

524. Can you tell us which fall the chief officer was attending to ? — I could not tell you who was lowering the falls because I was in the boat.

525. Then you got into the boat ?— I got into the boat ?

526. Was she lowered ? — She was lowered. .

527. Did she get down safely ?— No, she did not — well, she got down but she did not get do nn properly.

14

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

Joshua Thomas.

[Continued.

528. How far did she get down safely ? — Well she made a jerk. She got down past the saloon deck and then made a jerk.

529. Then what happened ? — Something took place at the forward falls, and because of that the boat went stern first, and that, I think, caused her to come adrift.

630. When did she get adrift ? — After she got to the water.

531. But what caused her to come adrift? — I should think the strain she had by lowering because the two falls were not going down together. That is what I put it down to.

532. Then you got down to the water ? — Yes.

533. What happened then? — We rowed away for a while, and the boat unfortunately began to open by degrees.

534. Did she sink ? — No, she did not sink — not then.

535. What did she do? — She came Adrift altogether at last.

536. And left you iu the water? — And left us in the water.

537. Were you picked up by another boat ? — Yes.

The Commissioner : When did these other boats come on the scene, and what were they — how many were there ? — There was one quite close to us then.

539. I am talking about the 'trawlers, how many were there ? — I only saw two trawlers.

540. Were there any drifters ? — I could not tell exactly what they were.

541. Were there any other boats except the two trawlers ? — No.

542. Mr. Stephens: Were you close by the submarine at any time ? — Not quite close.

543. Was any attempt made by the submarine to save life ? — None at all.

Examined by Mr. Butler Aspinall.

544. Did your boat as it went down fall on the water ? — Yes, it fell on the water.

545. Had it a great number of people in it when it

fell ? — She was not quite would be 40 to 49 in her.

full, but I should say there

•Examined by Mr. Cotter.

546. Were you in charge of that boat ? — No.

547. Were you in charge of any boat ? — No.

548. Not as carpenter ? — I am in charge, but I am not responsible.

549. "What do you mean by that?— Well, I know my station.

550. If you had charge of the boat would it not be your duty to examine the boat to see if the plugs were correct ?— Yes, I have already stated that.

551. And did you look to see if there was water and biscuits on board ? — Yes.

552. The breaker was right ? — Yes.

553. And the biscuits were there and the lamp. ? — Yes.

554. How do you account for the fall coming away ? — I cannot tell you.

555. You were in the boat ? — I was in the boat then.

556. And you cannot account for it ? — I cannot account for it.

557. It was not any of the gear giving way or anything that broke ? — I cannot tell you.

Examined by Mr. Ronald McDonald.

558. How many men were allotted to that boat? — She carried 50.

559. But how many of the hands were allotted to look after the boat ? — I could not tell you that.

560. About — a dozen or 20 or what ? — About 10, I should say.

561. How many of those men turned up at the boat at the time of the disaster — how many of the particular men who were on the list ? — I know some of them came afterwards.

The Commissioner : That does not help me very much, you see. The men on the list were men on the old voyage, and they were not all on board, so you could not expect them to be there.

562. Mr. McDonald : Can you tell me roughly the total number of new hands on the ship ? — No, I could not.

Mr. Butler Aspinall : If my friend wants that informa- tion I can give it him. There were 43 old hands I am told.

The Commissioner : And all the rest were new.

Mr. Butler Aspinall : Yes, my Lord.

The Commissioner : Then about one half were new and one half were old.

Mr. Butler Aspinall : Yes, roughly.

Mr. Branson : Those, my Lord, are all the members of the crew we have available. Might I say, with your Lord- ship's permission, I propose to call the marine superinten- dent and the registered owner before proceeding to call any passengers.

Tlie Commissioner : Very well.

After an interval.

Mr. McDonald : Would your Lordship allow me to put two more questions to the chief engineer.

Tlie Commissioner : I do not quite understand why you are appearing ; do you know what it is you do want to do.

Mr. McDonald : I want to bring before the Court certain criticisms which my client instructing my solicitor desires to put.

Tlie Commissioner : Who is your client ?

Mr. McDonald : Lieutenant Lacon, my Lord.

The Commissioner : Was he on board ?

Mr. McDonald : Yes, my Lord, and he is now out in the Cameroons on active service. He was on board this boat under order, my Lord, to proceed to the Cameroons.

The Commissioner : What is his position in the service?

Mr. McDonald : Lieutenant.

The Commissioner : In the Army ?

Mr, McDonald : Yes, Iny Lord, in the Warwickshire Regiment.

Ihe Commissioner : And is he taking part in these proceedings at the suggestion of his superior officer ?

Mr. McDonald : No. my Lord.

The Commissioner : Then what is he doing it for ? You see, if I had every individual passenger represented I should never get through this inquiry. I do not object to your asking a question now and then, but I cannot have this case multiplied by every passenger appearing and wanting to ask independent questions. What are the questions you want to ask now ?

Mr. McDonald : I want to ask as to the state of the boilers at the time of the disaster, and as to whether they were not working only on one boiler, the ship having two boilers, and that, therefore, the steam was only half of what it ought to have been.

Ihe Commissioner : Let me ask you with regard to this gentleman whom you say you represent, has he instructed his solicitors by word of mouth ?

Mr. McDonald : By telephone, before he left for the purpose of proceeding to the Cameroons. He had to go by the next boat my Lord.

Tlie Commissioner : Where did he telephone from ?

Mr. McDonald : From South Kensington my Lord.

MINUTES OF EVIDENCE.

15

2 i .!/./>/, 1915.]

Captain William Peter Thompson.

[Continued,

'Tin Commissioner : It is a most extraordinary thing to me. How long was his telephone message ?

Mr. McDonald : May I hand in the message, my Lord?

Mr. Taylor : My Lord, this is a client of mine who had been in the office on another business shortly before he sailed on this boat. After he was rescued from the boat he gave me instructions to telephone just before he was leaving for the Cameroon* by the next boat sailing, and he asked me to attend this Inquiry and watch his interests.

The Commissioner : That seems right enough.

Mr. Taylor : And he tells me there were a number of things about that boat.

The Commissioner : Who told you ?

Mr. Taylor : Lieutenant Lacon, my client.

The Commissioner : Did he tell you all this through the telephone ?

Mr. Taylor : Certainly.

The Commissioner : How long was he talking through the telephone ?

Mr. Taylor : I do not suppose above four or five minutes.

Tlie Commissioner : Did he tell you something about the boilers ?

Mr. Taylor ; No.

The Commissioner ; Then you have discovered about the boilers since ?

Mr. Taylor : Tnat has been communicated to me this morning by a relative of another officer who was on board at the time and was drowned.

The Commissioner : Do you think that is the way to present a case to the Court — something you have heard this morning from the relative of another officer ? You must exercise your wise discretion and do not let us trouble about things that are of no consequence. There is a suggestion, Mr. Stephens, that this ship was only working one boiler. Have you heard anything about that ?

Mr. Dun. Stephens : Not up to the present, my Lord, but T will ascertain.

The Commissioner : I see Mr. Vaux behind you. Have you heard anything about it, Mr. Vaux.

Mr. Vaux : No, my Lord, I have heard nothing at all about it.

Mr. Dan. Stephens .- The engineer will be here to- morrow, I expect, my Lord ; indeed, the engineer is here now, I understand ; we will re-call him if your Lordship would like to see him.

The Commissioner : Whom are you going to call now ?

Mr, Dun. Stephens : I was going to call the Marine Superintendent.

Tlie Commissioner : Very well.

Captain William Peter Thompson, Sworn.

Examined by Mr. Daniel Stephens.

562. Captain Thompson, I think you were a master mariner for some years ? — Ye3.

563. And have been marine superintendent to Messrs. Elder, Dempster and Company, Limited, for a number of years ? — Yes.

564. For about how long '? — 17 years.

565. And Messrs. Elder, Dempster and Company, Limited, are the Managers of the Elder Line of Steamers ? — Yes.

566. Now do you superintend the loading of vessels at Liverpool ? — Yes.

567. And did you on this occasion superintend the loading of the " Falaba " ? — I did.

568. And can you speak as to the condition of the " Falaba," her boats, &c. at the time she was in Liverpool, before her departure on this voyage ? — Yes.

569. Have you been sitting in Court whilst you heard Thomas Wright give his evidence about the boats ? — Yes.

570. And did he correctly describe the boats, or have you any alteration to make in what he said ? — There is no alteration to make.

571. Then he did correctly describe them. Did you see the boats on this occasion, you personally ? — Yes.

572. What do you say with regard to their condition ? — Very good.

573. How many life-jackets had the ship on board ? — She had one for each person, for every passenger and crew, and she had 10 J extra, 50 in each box : there were two boxes on the boat deck, and they had 50 in each.

574. That makes over 300 ? — Yes, nearly 400.

575. And under the rules she ought to have had, having regard to her size, 12 lifebuoys? — Yes.

576. Had she 12 lifebuoys?— She had.

577. Now we know she was bound to the West Coa-t of Africa. What was her cargo ? — General.

578. Had she anything other than comes under the denomination of general cargo, to your knowledge ? — She had a few explosives.

579. Will you please tell the Court what explosives she had on board ? — She had some ammunition for the Government.

580. Can you give the quantity ?— Yes, about 13 tins.

581. Before I depart from the boats I think you have got a list of the dates of their building ? — Yes.

5S2. And you can answer any question that may be asked in respect of them ?— Quite so.

583. Now, we have been told that she was fitted with Welin Patent Davits?— That is so.

584. Was there a Welin Patent Davit for each boat ?— Yes, for each boat.

585. Will you describe to the Caurt what ther.? is peculiar about the Welin Patent which makes it si simple? — I have brought a model into Court with ra:, if the Court wishes to see it, of Welin's Patent Davit. It

is the most simple method that I know of for boat lowering and boat lifting.

Tlie Commissioner : I do not want to see it.

586. Mr. Dan. Stephens : Then there is just one other question I want to ask you. I think on the 6th January you, I suppose on behalf of your Directors, wrote a letter which was sent'to the masters of all your steamers ? —Yes.

587. That letter reads as follows : — " Dear Sir, My attention has been drawn by our Directors, that boat drill is not practised as often as it should be. You will please have it once a week, and swing the boats out, also put the boats in the water either at Forcados or Calabar. Please cause this to be entered in the ship's log book in red ink, when carried out."

The Commissioner : What is the date of that letter.

588. Mr. Dan. Stephens: January 6th, my Lord, 1911. {To the Witness.) And then in that was there enclosed a circular letter ? — Yes.

589. Do you produce it ? — Yes.

The Commissioner : What is the circular letter.

Mr. Dan. Stephens : Shall I read it ?

The Commissioner : Just tell me the effect of it.

Mr. Dan. Stephens : My Lord, I have only just had it handed to me.

'The Commissioner : And you do not know whether it is material or not.

Mr. Dan. Stephens : Yes, on the matter of boat drill, my Lord.

The Commissioner : How do you know.

Mr. Dan. Stephens : Because I see ''boat drill " at the top.

'/'//.•' Commissioner : Is that the only reason.

Mr. Dun. Stephens : Yes, that is the only reason I have at present, but there is no harm in looking, is there ?

The Commissioner : It seems to me a little late to look.

590. Mr. Dan. Stephens : I apologise ; I was late, I am sorry to say, in coming. " Dear Sir. In order to improve the present standard uf boat drill on board the steamers, particularly with respect to ' rowing,' tne chairman and directors of ihe compiny, with the object of encouraging the men, and as an incentive to them to take a greater interest in this d ill. have decided to grant a prize for competition between the sailors and firemen and stewards ; theconditionssimply areas follows: —'To thecrewof ship's boatthat is swung out, lowered, manned, rowed round a mark (wh ch shall be situated at a reasonable distance from the ship) and back to the vesssl in the quickest time, the sum of 5s. per man will be paid.' We feel sure that this competition, which you will carry out once on every voyage, will result in the men becoming better adapted to the management of the boats, and the-efore able to more effectively deal with an emergency. Please see that

16

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

Mr. John Craig.

[Continued.

the date, place, boat, and names of the winning crew are entered in your log-book, and also report to me direct by letter. Of course this drill is extra to the ordiua-y weekly drill which you will coutinue to carry out as usual. Yours faithfully (signed) W. P Thompson, Marine Superintendent.''' (To the Witness.) Have you an opportunity of looking at your ship's log from time to time ? — Yes.

591. Were the particulars of the last voyage entered in the log book ? — Yes.

592. What about boat stations ?— Well the last order I; gave to the Captain of the " Palaba " was that he was to get his boats out. I got them floated just to hold together for the purpose of heaving on the handle as they go out and get his boat stations as soon as he possibly could put up after we left him in the river.

593. I think that you produce a list of the passengers and a list of the crew. Were there 92 first class passengers, 85 males and 7 females and 55 second class? — Yes.

594. I think of those passengers 144 wtre of British Nationality, 1 Danish, 1 Greek and 1 American ? — I think that is correct.

595. I have got your list here — 90 British passengers were saved, 54 were lost, and 3 of the Danish and 3 of the American passengers were also lost ? — Yes.

596. And 48 of the crew were saved, and 47 lost? — - Yes.

597. Now as regards the officers and crew, we have not had any particulars yet. Have you got a list of the officers and crew ? — Of the total number of the crew ?

598. Yes. I have got the total number. What I want to know is how many of the officers and crew were in the vessel before she left Liverpool ? — There were 43 old and 52 new.

599. How many officers were old and how many new ? — One old and three new.

600. That is the list I think you supplied me with, the list of the passengers (Jianding the same to the Witness) ? — Yes.

601. Do you issue to your masters a book of instruc- tions ? — Yes.

602. Is that the book (handing the same) ? — Yes, that is the book.

The Commissioner : What is the date of this book ? Mr. Leick : 1892.

Examined by Mr. Butler Abpinall.

603. The captain of this ship unfortunately was drowned ? — Yes.

604. How long had he been in the service of your com- pany ? — I do not know the exact number of years, but just on 20 years as master.

605. And was he in your opinion a capable and efficient master ? — Yes, he was.

606. I am afraid he was your brother-in-law ? — He was.

607. As to the other officers, we have seen the first, what happened to the second ? — The second was drowned.

608. He was one of the two officers I think we were told this morning by Baxter to look after the boats on the port side ? — So I understand.

609. He was drowned, and we were told that the third officer was ordered to help him in looking after the boats ? — I am so told by the chief officer.

610. Baxter told us so this morning ? — Yes.

611. Do you know where the third officer is now ? — Yes, he is coming nome now

612. Where is he ? — We have sent for him. I cannot tell you exactly the spot where he is. He went out in one of our boats.

613. I think he started before the Inquiry was ordered ? — Yes.

614. When do you expect him back? — I suppose in about a week.

615. So much for that matter. Now you have told us that it is your business before a ship sails from Liverpool to overhaul her boats and to see that they are in good order and condition ? — Yes.

616. And that you did on this occasion? — Yes.

617. In addition to your doing that, is there a man of the name of Dunham ? — Yes, he is one of the two men that I have who do nothing else.

618. In your employ ? — Yes.

,619. Is it their business when the ships are at Liverpool to see that these boats are in good order and condition? — Yes to see that everything is in perfect order — that is their duty ; they have nothing else to do.

620. I believe Dunham is here is he not ? — I have not seen him.

621. I am told he is. Now with regard to another matter, namely, boat drill. Before a ship leaves Liverpool is it practicable to hive boat drill ou a vessel of the class of the "Falaba" before she gets away? — Not unless we keep the ship back.

622. What do you mean by that ? — I mean that she cannot sail at the time appointed.

623. Why ? — The crew as a rule do not always join the ship.

624. Before the ship sails she is in dock I suppose at Liverpool ? — Yes.

625. And when she is due say to sail on the 27th does she leave the dock on the morning of the 27th and go out into the river ? — Yes.

626. Up to how late are the crew coming on board ? — In the case of the " Falaba " four of them came on board with the passengers.

627. And is it your experience that they very often drop in very late ? — Well, it is a great difficulty to get men just now during this wartime.

628. Now I want you to tell me with regard to the plugs in the boats — how many plugs ought to be fitted to the boats? — There are two in each, and those plugs are joined together by a chain of about 8 or 9 inches, and in the centre that chain is secured to the keelson of the boat, so they cannot get away, tbey are secured by a staple or hook.

629. And whilst the boat is in the davits and before she is put into the water are the plugs kept in the plug holes or kept out ? — Out.

630. They are solid, I suppose ? — I keep them out" because the rain or heavy water might get in and that might be dangerous to the boats.

631. And then the boat frees itself when the water gets in ? — Yes.

632. And are they ready and available when a boat is launched, and put into the water to be at once slipped into their holds ? — They are just alongside the holds.

633. And did you see two in each boat before she sailed on this occasion ? — Yes, we always put plugs in every one of the boats.

(The Witness withdrew.)

Mr. John Craig, Sworn.

Examined by Mr. Branson.

634. Are you the L verpool Managing Director of Messrs. Elder, Dempster and Company, Limited ?— Yes.

635. Are you the registered managing owner of the steamship " Falaba " ? — Yes.

636. Will you look at those— is that the register of the ship and the Articles of the ship's crew (handing the same to the Witness) ?— This is a copy, Sir, of the ship's register.

637. Is it a certified copy — I can see a seal on it ? — Yes, ,. it is the certified copy, and this is a copy of the crew list.

638. Is it certified by the Registrar-General ?— There - is a certificate on the face of it.

639. Mr. Branson: Then I put those in, my Lord (handing in the same). (To the Witness.) Now you have heard Mr. Thompson's evidence about the circular to the crew, and to the master about boat drill, and practising the crew in the boat lowering and so on ?— Yes. .

MINUTES OF EVIDENCE.

17

20 Ma,,, 1015.]

MB. J. C. Watt.

[( 'ontinued.

640. Were those circulars issued by the authority of your Board or by your authority as the managing director? — The marine superintendent lias a general authority to issue instructions regarding the navigation

and the equipment of the snip and everything pertaining

to the sailing of the ship.

641. Have you 'any personal knowledge with regard to the condition of the boats ? — None, sir.

Mr. Butler . I spinall : No questions.

{The Witness iriilirlrew.)

Mr. J. G. Watt, Sworn. Examined by Mr. Dan. Stephens.

C>42. AVere you a passenger on board the " Falaba " on the occasion of this voyage ? — Yes.

643. What are you ? — Assistant transport officer on the Gold Coast.

644. Do you remember when it was that you first saw the submarine ? — I should say at about a quarter to 12.

645. Were you told about it, or were you about deck and saw it ? — I was in the smoking room at the time and saw it through the window.

646. And did you come out or did you remain there ? — Not at first ; I came out afterwards.

647. When you saw it did you see anything distinctive about it — anything that struck you ? — No, I cannot say I did. It was the first submarine I had ever seen.

648. But had it a flag or anything of that kind ? — I did not see it then ; I saw that later.

640. Just tell us what you saw? — [ saw her coming up and the sun flashing on her.

650. Tlte Commissioner: On what? — On the submarine.

651 . On the boat itself, or upon the conuing-tower, or what ? — On the boat.

652. Mr. Dmi. Stephens : Do you mean that its body was above the water or flush with the water ? — Yes.

653. How far was it when you saw the sun flashing in that way on it, do you think ? — A few miles.

654. Then did you hear any signal or see any signal made, or hear any orders given ? — No.

655. We have been told that the submarine came to you ? — Yes.

656. Did you hear any orders given about the boats ? —No.

657. Were you given any orders ? — No.

658. Did you know that you had to leave the ship ? — No, I left because I saw the people leaving.

650. Where did you go to for the purpose of leaving ? — I went downstairs into my cabin first, and I came up from there.

660. Did you go to get a lifebelt or something ? — Yes, and also to get some clothes on and shoes and so on, and I came up from there, from deck to deck, till I got to the boat deck and I saw two boats lowered away, and one turned length downwards in the water before it struck the water, and the other one seemed to smash to pieces in the water.

661 Would you mind telling me, if you can, where those boats were. First of all, d> you know the terms port and starboard ? — Ye3, but not very clearly.

662. Left and right perhaps is better. Now where were these two boats ; on the left-hand side of the ship looking towards her head or on the right-band side ? — On the right-hand side so far as my memory serves me.

663. And where as regards the bow or the stern of the ship ?— Straight ahead on the right-hand side.

664. In what position were the boats ? We have been told that there were four boats on the right-hand side? — Yes, I was entirely on the main portion of the deck there.

665. I was not asking you where you were. You have told the Court that you saw something happen to two boats ? — Yes.

666. I want to know what two boats they were? — Judging from that plan I should say they were Nos. 2 and 6, but I could not swear to it.

667: That is on your left-hand side? — Yes, it would be No. 1 and No. 5, say, as far as I know.

668. Wbi.h was the one that you say dropped into the water and collapsed, or whatever your words were, No. 1 or No. 5 ? — If that plan represents the front of the boat it would be on the left-hand side that I saw the two boats collapse.

600. Then you mean by that that 2 and 6 were the two boats ? — Yes, as far as I can say.

670. And what happened to No. 6 — '.he forward one ? — The boat was in the water and the sides appeared to fall out of her.

671. Did the boat fall into the water? — No, it was lowered into the water.

672. And what happened to No. 2 ?— It turned down- wards on the w.iy down to the water.

673. Which end went down ? — That I could not say.

674. Now then, what did you do ; did you go into any boat ? — Yes, afterwards.

675. Which boat did you go into ? — No. 4, I believe.

676. That would be between the two that you had seen? —Yes.

677. Was that lowered all right ? — Yes.

678. Did that get away from the ship ? — Yes.

670. Did you hear or see the torpedo fired at all ? — Yes.

680. Then you had got round, had you, to' the other side ? — Yes, we were within sight of it.

681. Was the boat that you were in all right ? — One of the plugs was missing.

682. That is the boat that you got into ? — -Yes. .

683. How many of you were there in the boat that you got into?— I could not say — I should say about 30 or 40 people.

684. What happened where the plug was missing — did somebody put something into it ? — Yes, there were all sorts of stop-gaps used, fingers and so on.

685. Was the hole big enough to put more than one finger into the plug ? — I could not say.

686. Tlie Commissioner : Did you put your finger in ? — I believe I did ; I am not very sure about it.

The Commissioner : You are proving the solicitor's opening, that there is a good deal of confusion about the thing.

Mr. Dan. Stephens : I am very sorry, my Lord. There is a very large number

The Commissioner : You need not trouble to prove that part of the opening, I think.

687. Mr. Dan. Stephens : If your Lordship pleases. ( To the Witness. ) Now, just tell me this ; did you see the submarine at about the time, or after, the torpedo was fired ? — Yes, I had a very careful look at her before I left the " Falaba."

688. Did you see anybody on her? — Yes.

680. Was she still with her body out of the water ? — Yes.

690. What were they doing — did you notice them do anything unusual ? — The crew of the submarine ?

691. Yes. — Yes, they were stamping and laughing and so on.

602. You saw that, did you ? — Oh, yes.

603. Tlte Commissioner : About how many of them were there on the top of the submarine ? — -About four or five, my Lord.

604. Mr. Dan. Stephen* : Is there anything else that you want to tell the Court ? — No.

Mr. Butler Aspinall : I have no questions.

Examined by Mr. Joseph Cotter.

605. Did you see any members of the crew after you saw the submarine? — Personally, I do not think I saw any members of the crew until I was in the boat afterwards.

5043

606. Not until you got into the boat V — No.

607. You never heard any of the members of the crew give an order ? — No.

608. And you saw no member of the crew -going along

18

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP FALABA.

20 May, 1915.]

Mr. Hekmon Hodge.

[Continued.

the deck with life jackets ? — No, I was down .below most of the time.

699. Down below where the rooms are ? — I saw no members of the crew.

700. You saw none at all ? — No.

701. You did not see them assisting the passengers into the boats at all ? — -No.

{The Witness withdrew.)

Mr. Hekmon Hodge, Sworn.

Examined by Mr. Branson.

702. You were assistant district officer in the Nigerian Political Service ? — I am.

703. And were you a passenger on board the " Falaba"? — I was.

704. And did you see the submarine ? — Yes.

705. Could you tell us about what time it was ? — By ship's time I think it was about a quarter to 12 when I saw it.

706. Were you given any orders as to getting into boats ?— No.

707. You did get into a boat, did you not ? — No, I had seen them before on previous voyages.

708. Ihe Commissioner : What had'you seen?— Well, boats and boat drill and the general condition of the boats.

709. What do you mean when you say that ? — I would rather trust my own swimming than trust to a boat — I mean provided there was something to swim to.

710. Was there anything to swim to on this occasion except the submarine ? — There was a trawler.

711. How far off was that ?— When I first saw the submarine the trawler was following. I should think it was about —I should not like to say, I am not an expert— but I should think about three miles, perhaps, from the submarine.

712. Mr. Branson : Did you get a lifebelt ?— Yes.

713. Did you see any of the boats launched? — Yes, I saw, I think, all except No. 7— generally I mean. I went from side to side and got a general impression of their being launched.

714. Did you see any of the boats fall in lowering? — The first thing I saw in the launching of the boats was — I think it must have been No. 2 — it was either No. 2

or No. 4 — from what I have heard it must have been No. 2, dive straight down into the sea from the boat deck ; I think it was the boat deck ; from the bearers somewhere' — I do not know where it was.

715. Which deck were you on? — At that time I was on the promenade deck where all the deck chairs were — where we were all sitting on deck chairs.

7 1 ' : . Had all the boats been lowered when the torpedo was fired ? — Yes, as far as I know except No. 8, and that was just being launched.

717. Then you remained on bsard, as I gather, until the ship sank ? — Not till it sank ; before it sank but after the torpedo was fired.

718. Then what did you do : did you jump into the sea ? — I climbed down a rope ; I think it must have been the falls of No. 6 boat or No. 4 — I am not certain — I think it must have been No. 6-1 mean after the boat had gone.

719. The Commissioner : After what boat had gone ? — I climbed down one of the falls ; I am not sure whether it was the falls that were hanging from No. 6 or No. 4, but I think it was No. 6 — the forward fall.

72'\ Mr. Branson ; Then did you swim to the trawler which you saw ? — When I first went into the water I remember I called to a fellow passenger to throw me a rope, as I thought the ship looked rather comfortable, if I may say so. I mean it looked fairly stable when I was in the water, and I thought I would not start swimming until it was absolutely necessary.

721. And I think you were picked up by the trawler " Eileen Lanna " ? — No, I was picked up by the boat of the trawler.

Mr: Butler Aspinall : I have no questions.

Examined by Mr. Cotter.

722. Did you see any members of the crew giving life- belts out ? — No, I did not hear any order. I did not see any kind of an aHempt at giving an order of any kind throughout. We were not even told that it was a German submarine. It was left entirely to the judgment of the passengers to judge for themselves.

723. Somebody must have told you that there was a submarine and a torpedo was coming on for you ? — I heard somebody come into the saloon ; it was Dr. Staples I think who said, " there is a submarine off there ; would you care to come and look at it," to a friend of his, and this gentleman said, " Oh no, go on," or something of that sort, I was not quite sure whether he was leg-pulling or not. I did not take any notice until I went out and saw the submarine a considerable way away.

724. If anyone was shouting along the alleyways of the " Falaba " you would have heard them, would you not ? — Yes.

725. You have heard the evidence that an order was sent down, "All hands to the boats"? — Yes, but I, candidly, did not hear any order of any sort.

726. It seemed to be everybody for themselves ? — Yes, that was the impression it gave me — it was not a panic — what I call a negative panic ; nobody seemed to sing out.

727. The Commissioner-: What is a negati'e panic? I do not understand. — Well, I should call a positive panic where everybody was shouting orders.

728. I want to know what a negative panic is. I do not want you to tell what a positive panic is ? — Well, there was no shouting. I will put it in that way.

729. But what is a" negative panic ? It is a new expression to me. — Well, it was a new situation rather, too, to me, but I should say that it was

730. Never mind. — But I think you understand more or less what I mean.

Examined by Mr. Joseph Cotter.

731. Did you go down to your state room at all for a lifebelt ? — Yes, 1 went down into the state room.

732. Did you see anybody round any of the state rooms giving out lifebelts ? —No I saw my stable companion in the state room and I said " I think it is time to put a life- belt on."

733. Had you yours on ? — Yes.

734. Had any of the other passengers lifebelts on ? — Yes, at various times.

735. You could have got into a boat if you had wanted to get into a boat, could you not ? — Well, 1 would very much rather not have done it.

736. I say you could have got into a boat if you had wanted to get into a boat, could you not ? — There was a rush on to the boats, but somehow or other I could, I dare say, have got in, yes.

737. The passengers were taking it easy ; they were not worrying much ? — Some boats appeared to be rushed and in others I think, if one liked to take one's chance, one could have got into the other boats.

738. The majority of the passengers could have got into the boats you think ? — Yes, I think so.

MINUTES OF EVIDENCE.

19

20 May, 1915.]

Mn. Hermon Hodge.

[Continued.

Examined by Me. Ronald Macdonald.

73!). Can you tell me the speed of the " Falaba " at the time of the disaster and just prior to the disaster ? — Well, of course I am not an expert, but she was going the

usual slow sort of paee of the average Elder Dempster boats.

740. The Commissioner : What is it?— I should, think between 12 or 13 knots.

Re-examined by Mr. Dan. Stephens.

741. You heard no shouting, you say, from the submarine or from the ship ? — No, there was an absolute absence of shouting of i ny kind.

742. Did you see these people that we have heard of on the top of the submarine — tbe Germans? — Yes, I saw them quite clearly enough.

743. What were they doing? — They appearel to be walking about and occupying themselves with various duties ; I do uot know quite what. I should think they were not more than 100 yards away. One could have shot at some of them quite easily. It was suggested by one of the passengers that we should — that we should go down and get our rifl s ; they were an absolutely easy target. I mean that was the range ; I do uot know quite how far away they were.

744. We have heard of them standing there and laugh- ing or ridiculing the passengers? — The passengers who escaped in the first boat were in a position to see that; but not the people who were on the boat after it was torpedoed. We were not near enough to see their expressions.

745. Have you anything else which you wish to tell the Court ? — Yes, I think I have. I should like |to say that when I first saw the submarine — I do not say the look-out saw it first, but presumably he saw it before I did because I heard someone in the saloon say there was a submarine coming, but when I left the saloon myself to look I could see the submarine quite clearly. People were grouped. Standing on benches peering out and looking at the submarine coming ; and I went back to the saloon. I saw Mr. Bathgate and I said we are in for it now, there is a submarine down on us, and then I heard somebody say it has got the British ensign flying. There were various conversations held about it, but during all these conversations there was no order saying " Stand by for the boats." It would not have been much good if there had been, because there were no boat stations, but as far as I know, we were never warned. Somebody may have been warned, but I certainly never heard any order or warning of any sort given throughout, and from the time I saw the submarine myself to the time we were torpedoed must have been, from my watch, 25 minutes, if not more.

746. The Commissioner : We have heard, you know, that the passengers were told to get on their lifebelts ? — I have heard that said, but I never heard it ; that is all. I quite admit that I may have been in the wrong part of the ship, but I was grouped with a great many other pas- sengers, and from beginning to end I kept asking other people, and it was nit till the captain himself told me wdiat the order was, that I knew that we had been given five minutes to lea* e the ship. I had said to the captain are there any boats left and he answered no, and Mr. Bath- gate, who was near me, asked if there were any chance or hope of gettiug away, and then he said " No, that is the Bristol Channel."

747. You seem to me to have some sort of grievance against the boat. I wish you would tell me what it is ? — I nearly lost my life for one thing.

748. But that possibly was the fault of the submarine ? — No, because I saved it.

74VI. Do you not think it was the fault of the sub- marine ? — Of course, we all thought so.

750. What is your grievance against the " Falaba ? " — I think, to boil it down, if at the moment the submarine had been sighted — to go previous to that or if there had been boat stations — at breakfast time I went to see in case of emergency where my boat was and I found the old passenger list up ; I may also say that my brother who is in the navy came on board and saw me off, and he said the first thing you must do is just to find out where your boat is, and we went to the board and we saw the old boat station list up. That was one thing to start with.

751. That told you where your boat was ? — Yes.

752. What more did you want to ascertain from it ? — This was the old passenger list ; it told me nothing.

5043

753. But surely it told you where the boat was stationed ; it told you the number of the boat ? — I do not quite follow you.

754. You had a list up in your cabin, I understand ? — No, on the notice board outside the saloon.

755. And there it told you the number of the boats ? — Yes, I think it did— \To 7.

756. Did you read it ? — Yes, I did.

757. Do you remember reading it ? — Oh, yes, distinctly.

758. I thought you hesitated about it ? — Because my point is — 1 am not quite certain in my own mind whether I remember seeing those two boats and the actual numbers, but the boat list was up to which the passengers were allocated to go on the previous homeward voyage.

759. The passengers ? — Yes.

760. What passengers were allocated to it ? — All the passengers on the homeward voyage were told what boats they had to stand to in case of emergency.

761. There were on these lists not only the names of the men who had to attend to the boats, but the names of the passengers who had to go into them ? — That is a point upon which I am not quite clear. Hitherto, in times of peace there has only been a boat station list put up, so far as I know, of the stewards and crew of the boats.

762. Now, have you ever seen a boat list with the names of the passengers who were to go to each boat ? — Yes, on the " Falaba " on the homeward voyage.

763. By " homeward voyage " what do you mean ? — The previous voyage coming into Liverpool ; and I also understand — I am absolutely open to correction, but I understand that since the war, or at any rate for the last four or five voyages, both ho neward and outward, a passenger boat station list has been put up. It certainly was on the " H'alaba " on her homeward voyage.

The Commissioner : Can you tell me how that was, Mr. Asp nail ?

Mr. Butler Aspinall : The gentleman is right, I think, in what he has told us with regard to that.

The Commissioner : Then the passengers were divided out amongst the boats.

Mr. Butler fis/.inall : Yes.

The Commissioner (to the Witness) : Now, what other grievance have you against the ship ? — (No answer.)

764. Then I assume that you have no other, grievance ? — As a matter of fact I have another grievancet but I have forgotten it for the moment, but I think that is quite enough. My Lord, from information — I am not an expert, and nobody but an expert can say whether those boats were in good condition or not naturally, but I do submit that if those boats really had been seaworthy they could not have all fallen to pieces. One boat fell to pieces in the water ; the gunwale floated off and gradually you saw the whole thing open out.

765. You have not told us that? — I was not asked to tell you.

766. But I asked you what other grievance you had against the ship and now it appears thac one of the boats fell to pieces? — You will understand tbat when you are swimming for your life you get impressions.

767. Did you see one of the boats fall to pieces ? — Yes, I did.

768. Which boat was it ? — I cannot tell you which boat it was ; it was on the port side.

769. Then it was No. 2 ? — I do not say it was one of the port boats, it was on the port side where I saw it going to pieces in the water. Whether it had drifted round from the other side or not I do not know, but I did see passengers sitting in this boat and gradually the gunwale float off.

770. What became of the passengers ? — You gradually saw the water coming up like this (describing), and some of the passengers were drowned and some were saved.

771. This is quite new. I have not neard a word of this till now ? — Well, I am on oath and that is what I saw.

D

20

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP " FALABA."

20 May, 1915.]

Mr. Cykil Edward Bressey.

[Continued.

772. I know you are, but you seem to take a long time to get hold of these very important incidents ? — I was answering the questions.

773. I asked you what grievance you had against this ship and you did not say a word about one of the boats falling to pieces ? — I am giving evidence without notes.

774. Is there anyone else so far as you know who saw this boat fall to pieces ? — I know a gentleman who was in that boat.

775. Anyone who is here now I mean ? — Yes.

776. What is his name ? — I suppose there is no harm in saying ; he will be called ; his name is Mr. Bressey. I fancy he is to be called.

Mr.. Dan Stephens : Yes.

The Commissioner : If you have got him, you had better call him, I should like to hear all about this business.

The Solicitor -General : I will call him next my Lord.

The Commissioner : Have you heard about it, Mr. Aspinall.

777. Mr. Butler Aspinall : No, my Lord. We have not had an opportunity of seeing these statements of Witnesses until this morning — I am not grumbling — some of them have been given, but I have not read the name of Bressey. Might I ask Mr. Hodge one question with regard to this boat that fell to bits. (To the Witness.) About this boat which fell to pieces, was that after the torpedo had been fired ? — Oh, no ; long before. It had been launched all right apparently. It is only a general impression, I assure you — I am only giving genera] impressions.

778. Do not think for one moment that I am making Any suggestion, but were you in the water when you saw the boat fall to pieces ? — No I was on the big ship.

779. Where were you standing ? — I was standing forward on the saloon deck. I call it the promenade deck. I am not quite certain of the technical terms.

780. The top deck is the boat deck '? — Yes.

781. And the deck underneath that is the promenade deck ?— Yes.

782. And it was while you were on the promenade deck that you saw this trouble with the boat ? — Yes.

783. Did the people remain in the boat or did they fall out of it? — Practically till the last moment, and then they all dispersed, I cannot say really what happened to the boat, but I saw them all in the water.

784. The Solicitor-General : I should like to know if you first saw this boat in the water full of passengers ? — Yes.

785. And apparently floating quite rightly ? — I would not like to say that.

786. I only said apparently ?— Yes, apparently quite rightly.

787. And then according to your recollection it filled and the passengers dispersed for their own safety ?— Yes, that is the impression I got.

788. And your impression was that the boat had been quite safely and effectively lowered but that the disaster had followed in consequence of its unsea- worthiness. That was your view — is that right ? — Yes, I think so.

789. I mean, if not what is your view ? — My point is, that if the boat had stood the strain of launching sufficiently to be put away from the liner and to get as far as 30 or 40 yards when I saw it — if it could do that it must have been rather rotten timber or something of that sort — I am not an expert — to have caused it to float off.

790. Did it row away from the boat ? — I really do not know ; it got away.

791. It was 30 or 40 yards away? — Yes.

792. But this boat had been lowered I suppose ; how many passengers were there in it ? — The impression that I got was that there were very few people in it. I saw it when it was some way off because I remarked to some- body " My God that boat is breaking up " but I did not see what happened in between.

793. And you cannot tell us how many people were in it ? — No, not absolutely. I mean it did not look like a crowd of people. There appeared to be a few

794. What do you mean by a few — how many ? — I should say about 12 to 16.

795. But it had gone down into the water without coming to pieces with 12 or 16 people in it ? — Yes, presumably.

796. And then when the boat was floated in the water it broke to pieces ? — Yes.

797. The Solicitor-General : That is your impression of it ? — Yes, that is my impression

798. That the boat was perfectly safely launched ? — I do not say it was perfectly and safely launcheH, Cecause I saw nothing of it. It may have been badly jammed against the side— it may have dropped in. All I can say is that it was right side up and passengers were in it, and it gave me rather a shock when I saw it suddenly going to pieces.

799. As far as you know it may have been damaged in launching ? — Yes, I quite admit it may have been.

(The Witness withdrew.)

800. Tlie Commissioner : Was there not a Witness — I think it was the carpenter, who spoke about a boat having come to pieces.

The Solicitor-General : He was not called while I was here this morning. He may have been called while I was away. I will enquire into it. We shall have the short- hand notes and we shall see.

Mr. Cyril Edward Bressey, Sworn.

Examined by Mr. Dan. Stephens.

801. Is your name Cyril Edward Bressey ? — Yes.

802. What are you ? — I am a mechanical engineer in the West African Civil Service, now on sick leave.

803. And you were bound out to Nigeria, were you not ? — Yes. May I make my statement in my own way ? I think I should prefer it.

804. The Commissioner : I think we might as well let him. Give it us in your own way ? — My first view of the sub- marine was that I was sitting with Captain Goulden, who was an old friend of mine, and I looked out of the smoke room window, and I saw about two miles away as far as I should estimate, a trawler or a drifter, and she had apparently one of these brown tan sails up and just in front of her I saw another something ; I could hardly make out » hat it was, and I did not take any particular notice hut I made a mental note of this thing thero and in another minute or two I looked up again and saw this a little more clearly, and I said to Captain Goulden •' There is a boat over there " so he glanced up and said " Oh yes, that is a trawler or something " and I said " Yes, but there is something in front of it," and he said " there is nothing there, old bird." He did not take it seriously. I said " It looks to me like a submarine." He said " Yes, good old submarine" and took no notice of it. I kept

watching this boat and saw it gradually coming nearer and presently within a minute or two I went out of the saloon door and I found outside that there was a little bunch of passengers there ; I should think about 30 and they were all watching this boat, some with glasses and some without, and it was quite clear then that this boat was a submarine. She was fully emerged, that is her conning tower and her deck were about, perhaps, two feet, I should say, out of the water, and she was coming along there at a speed, I estimated, of about 18 or 20 knots and I watched her for some time there, and I noticed the way she came along. Then after an appreciable interval, after we had watched that boat coming along our cou-se was suddenly altered. Then we got stern on to this boat. We were put on a course that put her directly astern and we carried on and just about at that time I heard a bell ring from the bridge to the engine room — the telegraph bell rings exactly as they make a twelve o'clock signal : that is, the handle had been evidently pulled right over from " full speed ahead " and back again to " full speed astern "—that is, the handle had been pulled right round the telegraph, just exactly in the same way as they usually make the twelve o'clock signal. This signal is the usual one that is made at twelve o'clock noon, and

MINUTES OF EVIDENCE.

21

20 .l/.i//. 1915.

Mr. Cyril Edward Bressey.

[ ( 'onthiued.

we are quite accustomed to it on those I I Then I

still watched this boat coining along, and personally 1 hail no doubt as to what she was. I guessed al ©nee that she was an .-nemy submarine, and al the moment [certainly felt very blue. Then I waited until that boat was about, I should think, not orach less than about 100 yards from as. and I thought -well, it is time I a move. There were no orders given of an\

description that I heard the whole time. I bad no

directions given to me personally and I heard none of any >ort. Then I went down to my cabin, and before I sailed I had one of these patent life-saving jackets given to me. This had been covered up as a cushion, made into a thing like a deck chair cushion, and this was in one of those Willesden green waterproof soiled linen bags, which was secured by a lock and padlock and a bar. First of all I had to find my keys, which were in a little despatch- box lying on the settee, and find the right key. Somewhere about that time — anyhow, during the early part of my visit to my saloon, I heard the engine-room bell go for ''stop" : at least I assumed it was that, and certainly there was little less movement on the boat. Then I had to find the right key and undo this padlock and get out this cushion and rip it up — it had only been stitched at one end very lightly — I took off my overcoat which I had on and I put on this jacket which was a thick padded sort of thing and I put my overcoat over it.

805. Was that your swimming belt? — Yes, it was a life-saving jacket. I knew nothing about these things, or whether they -were effective, but when I put this on my idea was that it was a very good preventive against chill and that sort of thing for boat crews. I must say the idea of being in the water never struck me at all. Then I thought as 1 was leaving the cabin I would make quite sure, and I reached down one of the life jackets up in the locker and put my overcoat on again over this. In my state room there were two passengers, myself and one other, Mr. Silkcock, and it was evident that he had not been down for his, because the other two ship's lifebelts were up there at the time. I slipped the loop of this thing over my head and I ran up on deck again tying it as I went. I looked out on the main deck and my mental impression — it was very quick, of course — was then that there was nothing going on there. There may have been people there or there may not, but I suppose I was really looking out for them lowering the boats, and I did not see anything of that sort so that it made no impression upon me. Then I followed the staircase at once and went up on the saloon or promenade deck, and my impression again was that there was nothing much going on. Anyhow, I went up again : I got up on to the boat deck and there I found that they were lowering the boats. There was no crowd, there were very, very few people about at all. I looked into two boats which were being lowered at the moment and they were well away.

80(5. With how many people in them ? — They were full.

807. They would carry about 100 people? — I should have said about 40 to 50 people a piece.

808. How many people were there aboard the ship ? — I cannot give any definite information about that.

The. Commissioner: How many people were there on board the ship altogether. Mi: Butler Aspinali : 242.

809. The Commissioner : Then nearly one half of the people were in those two boats? — Well, they may not have been all passengers.

810. I am not talking about all passengers. I am talking about the number of people on board the " Falaba " ? — There were two boats being lowered then. I should have put them down as 1 1 « I.

811. I am pointing out to you that the total number of people on board the " Falaba " was only about 260.

'!';<■ Solicitor-General : 242. my Lord.

*12. The Commissioner: So that you see very nearly half the people were in those two boats? — There were approximately LOO people in those two boats, 50 in each, speaking roughly.

813. I only point that out because you say when you looked at the boats there was scarcely anybody there, and ii appears that there were nearly half the people on board other? — No. I said when I got up on the deck I saw

nl lody about.

814. I understood it was then when you saw these boats with 100 people in them? — Yes. when I went up on the boat beck and saw these two boats.

r.043

HI.",. With IUII people in them? — Ve-.

816. And I understood you to say to me that when you got up on in the boat deck there appeared to lie no people there? — Yes, there was no crowd : they were ID the boats. There was no crowd on the deck at all. 1 could see no crowding round the boats or anything of that. sort. Then I looked into .another boat, which was swung out level with the boat deck, thai i- the foremost deck of till. and just a little below, and as far as my mental impression went then, my impression was there were only about six or eight people in it. It was a big boat and I should have estimated she would have carried certainly 30 very com- fortably, and I thought— well, this U all right, and I got into that boat. Just before that I noticed as far as I could judge that there were two men at one set of the falls ami one man at another ; there may have been four men altogether but not more.

si 7. Which falls are you sneaking of ?— The falls of the boat in which there were six or eight passengers. I had to make a little jump to get into this boat. It was swung out. and just a little below the level of the boat deck and my feet had hardly touched the bottom of that boat before she was let go like a stone ; we absolutely dropped down sheer by the side of the boat. The after falls ran clear. I could hear them whizzing through the blocks. Then 'something went wrong with the forward falls, and for a moment we were at an angle something like that (describing). Then there was a crunch, something gave way. I imagined afterwards that it was a bolt that had gone wrong right in the bows of that boat. Anyhow, we dropped level into the water, and whether th-> afterf alls- were unhooked or whether they had come adrift, I do not know, but we went astern at once and the send of the tide and the wind carried us astern of the " Falaba.''

818. Anyway, this boat got into the water all right ? — Well, we were dropped into that boat at the rate of about GO miles an hour.

819. Whatever the pace was I understand you got in all right? — Yes. We had hardly got under the. stern of the " Falaba " when that boat filled. I felt the water up to my ankles.

820. Is this the boat the last witness was speaking about ? — I could not say.

821. Were you not in Court when he gave his evidence? — Yes, but whether that was the particular boat or not I do not know.

822. What became of this boat ?— I felt the water up to my ankles, and when it was up to my knees it was coming in at either the bottom or the sides very rapidly. Then within two or three minutes the water was up to my waist. The gunwale half of that boat— that is a big V-shape strip — floated gradually away, and three copper life-tanks came up in front of me, and floated away, and it was so close to me that I pushed it away. I remember they were copper, and then L thought it was time to get out of that boat because I could see she was going to sink — and in my judgment she was going to sink — so I got over the side of that boat ; it was no distance to go because she was level then, full of water, and I got into the water, but the ultimate end of that boat I have no idea of. Then forward of me and under the stern of the "Falaba" I saw one other boat. She was high out of the water, apparently a lifeboat high out of the water, and saw one man in her, a man that I recognised because he had worked under me on the railway and I knew him very well. Anyhow, he was standing up in that boat. Flis name was Primrose and he was standing up in that boat, and he was the only man I could see, but I have a verv distinct mental impression that there were other people in that boat and that they were busy. I must, have seen a bit of their backs or something. I tried to get towards that boat but the tide and wind and everything was against me, and every now and again I w-ould be caught by a wave and turned over on my back, and I thought it' was no use trying to get to boat, and then, after a considerable interval. I saw another boat coming along on a different course altogether, and I thought if I strike off with the tide a little bit in my favour there I may be picked up by that boat. Ulti- mately I was picked up by that boat.

823. One of the " Falaba's" boats ?— Yes, I think that boat could be identified, but I am not quite sure who was there. The only thing I do remember is that there was a lady passenger in that boat who shouted to me when she saw me in the water and told me to hold on. and who did a great deal towards pulliug me into that boat, and

D 2

22

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP " FALABA."

20 May, 1915.]

Mr. Cyril Edward Bressky.

[Continued.

I spoke to her later about it. That boat was being steered as far as I am able to state, hy a passenger. I was pulled into the stern sheets of that boat and fell right down on the gratings in the bottom of the boat with a bump. There was a very fair amount of water in the bottom of that boat, and I spoke to the passenger who was taking the helm and I said " Who are you ?" He said " I am one of the passengers." I said " you seem to know your job all right," because he was a man who was evidently accustomed to surfboat work or boat work of some description, because he managed very well indeed in that boat. All this time this boat appeared to be making water, and in front of me was a seat ; there were pas- sengers sitting on it, and in front of that again there was a man down below who said something about she is making a lot of water here. I said, " Is it the plug holes ; cannot you stop them up ? " and he said " Yes, I can, but I have got nothing to put in," and I had a pair of gloves, and I remember feeling in my pocket and handing out my gloves and handkerchief which I passed him, and I believe he stuffed up the holes with them. Then eventually we were taken on to the " Eileen Lanner " ; we were picked up by the drifter the " Eileen Lanner."

824. And that is the whole story ? — Yes, but as an outcome of that there are five outstanding features in this business

825. I do not want yon to argue it. You have told us the story. If you have any more of tbe story to tell us, I will listen, but you must not argue it ? — It is part of the

story. It is the whole story condensed into five small items.

82f>. Well, I do not object if no one else does. What are the five items ? — The first thing is that there were no boat stations for the passengers — no list of boat stations and no passengers knew where they were to go to. Secondly, the submarine was apparently seen by a large number of passengers before any action was taken by the ship in altering the course to bring that boat directly astern. Thirdly, there were no instructions given to the passengers at the crisis, or to me anyhow. I say there were apparently no instructions given ; in fact, I can say definitely that there were no instructions given me, as I heard none. Fourthly, the regulations also provide for a crew, as far as I remember, from the ship's boats station list — it is somewhere about ten, with a competent officer in charge of each boat. The boat that I was dropped into the water with apparently had no officer ; I heard none, because I had no directions given me there. The boat which ultimately picked me up was being steered and commanded by passengers, so that if there was a ship's officer on board he was not in charge and he gave no directions ; he gave no or lers. And the Fifth is the apparently unsatisfactory condition of the boats.

The Commissioner : Do you want to ask him anything more?

The Solicitor- General : No, my Lord, not as far as I know.

Examined by Mr. Bateson.

827. Can yon identify the boat that you jumped into ? — I do not think I can positively, because I believe when I went up on to the upper deck I think things were reversed to me — particularly as we do not go up on the upper boat deck under usual conditions, and we had only bem on that boat less than 24 hours, and it is a very easy matter, if you go up a staircase facing aft, when you have been used to going up a staircase facing forward, you get your position reversed, and you call port starboard and starboard port.

828. Do you think it is possible that you were in No. 1 boat ? — It is possible. Anyhow I can state that the sub- marine was on the opposite side. Two boats were being lowered on the side that the submarine was at the time. Then I walked across to the other side.

829 You think it is quite likely it was No. 1 boat that you jumped into ? — That boat was lowered from the boat deck. I do not want there to be any mistake about that.

The Commissioner : That is what he said : You began by asking him whether he thought he might have been in

No. 1 and he said : Yes, and then you put it to him that he thinks he was in No. 1. He does not know which boat he was in.

Witness : I cannot give you a definite answer to that. I could not swear to it.

830. You have not even a mental impression as to which boat it was ? — I have a mental impression, but since then my own mental impression was of a certain boat, but I do not think it was that one, because when I was in the water I know that my position was altered entirely, and what I thought was port, and what I should have been prepared to have sworn was port, was starboard really, because it was twisted round completely.

831. Taking the whole eight of them, which one would you have picked first of all, since you have had an opportunity of thinking it over? — I was not upon deck with a view of making mental notes as to where I was.

832. Then you have.no idea? — No, I cannot state definitely.

Examined by Mr. Joseph Cotter.

833. Did you see any stewards after you had seen the submarine ? — I think I saw the smoke room steward.

834. Did you have a conversation with him ? — No.

835. How many voyages have you made round the West Coast of Africa ? — Four.

836. So you know those boats pretty well ? — Yes.

837. And you get pretty familiar with the crew before you get home ? — Yes, quite.

838. And in the case of an accident or an incident like this taking place you would ask some questions naturally ? — You would know the boat and you know one boat is very much like another there and you soon get familiar with them

839. And your contention is that you heard no orders given ? — I heard no orders given by any one.

840. Did you see any one giving orders in the lifeboats? —No.

841. Did you see anv of the crew attending to the boats when you got on deck ? — There were either three or four men at the falls of that particular boat, but who they were I cannot swear to.

842. The particular boat you got into ? — No.

843. You saw no members of the crew, you say ? — No, not to speak to. I probably saw them but they made no mental impression upon me.

844. How long was it before the torpedo struck you ? — Not long, but I can give no definite statement about it.

845. Approximately ? — No, it would be too approxi- mately to be of any use, and events happened so quickly there that one's idea of them goes all to pieces. The

submarine was manoeuvring up and down and then I saw that she had her head directly pointing at us and at another time she was cruising up and down.

846. Was she on the port side or starboard side when you first saw her?— On the port side.

847. The Commissioner : When you first saw her ? — No ; when I first saw her she was on the starboard side two-and-a-half to three miles away.

848. You were asked when you first saw her where was she ? — When I first saw her she was on the starboard quarter.

848a. The Commissioner : When you jumped into that boat ?— Yes.

849. Mr. Cotter : Did you see the submarine after that boat was lowered ?— Yes, but I could not swear which side she was on, because, as I drifted round in that boat, and when I was in the water, I think my knowledge of right and left was a little shaky.

850. Just try and think, if you can, which side it was when you got into the boat — can you think of that ? — I believe it was the starboard side, but I am not at all sure because as I say, coming up a staircase in the opposite way to what you have been used to with a ship under way it is very easy to get misled.

851. Had the torpedo struck the ship when your boat was leaving ? — No. Tbe torpedo hit that boat either when I was in the water or possibly after I had been hauled into the other boat ; I dp not know when, but anyhow I remember hearing the explosion.

MINUTES OF EVIDENCE.

2*

20 May, 1915.]

Mr. J. D. Hatiicatk.

[CO ItlilllH '(/.

852. How long after you had got into the water did the gunwale of the boat part? — Three or four minutes.

Bfia. What part of the gunwale parted ? -The bop strip. There was something else fastened to it, because it liberated the air tanks. One of them came up just in

front of me here, broken away, and I pushed it out of my way.

Sol. How lony would that he after you gol into the water?— Three to four minutes after the boat got into water — certainly not mora

{The Witness withdrew.)

Mr. J. D. Bathgate, Sworn.

Examined by Mr. Dan. Stephens.

855. Are you an executive engineer in the Public Works Department in Nigeria ? — Yes.

856. And you were a passenger on the " Falaba " at the time of her loss ? — Yes.

857. Now, when was it when you first saw the submarine? — I saw it when she was about half a mile behind us.

858. What called your attention to her ? — I heard some people running about on the decks. I was in the music room at the time, and I heard some little excitement on the decks and I went out to look aud one of the passengers pointed her out to me.

859. When you saw her was she showing any flag ? — Yes, she had two or three flags flying then.

860. Could you distinguish them ? — Not at that moment ; I did afterwards.

861. When you did, what were they? — She had the German Ensign flying and a flag signal of three flags in addition.

862. Pennant ship flags? — One was a triangle shape and the others were square ones, I think. I know the middle one was a pointed one.

863. And where were you at the time ? — Which time ?

864. At the time you saw the flags and the submarine ?— As soon as I saw the submarine I immediately went down to my cabin to get a lifebelt. When I came back our ship had stopped and the submarine was abreast of us on the port side — the port side of the " Falaba " about a hundred yards off.

865. Did you hear anybody shout out ? — Yes, one of the crew of the submarine shouted out somethir.g in English about " five minutes."

866. You heard that ?— Yes, I heard that. I think he had a megaphone.

867. What you thought he said was — five minutes ? — Yes, I got that impression. I could not hear all he said.

868. But in consequence of something that he said did you do anything ? — Well, I went to put my lifebelt on, and I found that two of the waist strings were cut off, so I had to take a second journey down to the cabin to get another one which I brought up, and then they were lowering the boats in the meanwhile. When I came back some of the boats were being lowered and some of them were down.

869. What boat did you go to ?— I did not get into any boat.

870 Did you go to any boat to get into it ? — I went to one on the port side, but when it came down I did not get into her because there was such a rush for the boats that there did not appear to be room for everybody.

871. Can you recollect which boat it was you went to ? — I did not go on the boat deck : I was on the prom- enade deck and when it came abreast — it would be No. 4 on that diagram.

872. At that time, what about the other boats 2, 6 and 7 on that diagram ? — I had seen one or two of them swamped before this. The first boat on the star- board sine had gone down bow first.

873. That is No. 5 ? — Yes, it hjid hung in the davits, and the people in it were thrown into the water. That would be No. 5 on the diagram.

874. And what other boats had you seen swamped? — Another one on the starboaid side, too. No. 1, I think it would be on the diagram, and I think, at least, I also saw one on the port side, but I cannot say which one it was. It was not No. 4.

875. But when you say swamped, do you mean that you saw them full of water ? — They went down bow or stern first into the water and filled with water when there

was a little choppy sea, and the people were thrown into the sea. No. 5 I particularly saw because I was near that when they were lowering her.

876. Now where were you when the torpedo was fired ? — I was on the starboard side near the funnel near the smoke room on the passenger deck, or the saloon deck as it is called, and there was only one boat then as far as I could see that was going down, at least being lowered at the stern.

877. Which boat was that ?— That would still be on the starboard side, No. 8 it would be.

878. That was at the time the torpedo was fired ?— Yes, I saw the torpedo leave the submarine and come through the water and strike the ship just where I had been stand- ing, in fact we had to run away from where I was to get out of the way of the water. It struck immediately below us.

879. Had you any opportunity of seeing anything happen to No. 8 ?— No. 8 fell into the water.

880. What happened to you ?— I stayed on the ship for about five minutes after she was struck and then I jumped overboard. All the boats had gone and there was nothing to take us off, nothing had stood by.

881. Where did you jump from? — I jumped from the forward deck near the forward mast on the starboard side, and I swam away from the ship.

882. Did you see the submarine before you jumped overboard ?— I do not remember seeing her after she fired the torpedo because I was busy looking after myself. After she fired the torpedo I did not notice what she did.

883. And you did not notice anything at any time that was going on on the submarine ? — No, not at that time. Anybody on the " Falaba " was too far away to see what was going on on the submarine at that time.

881. Have you anything further to say? — No, except that we saw five or six on her deck when she first came up and megaphoned to us — hailed us.

885. You were there on the main deck as you told us and you saw this torpedo fired. <Jan you tell us if it had any effect on any of the boats ? — As far as I know there was only one boat then that was not in the water that had not been lowered. That was the one on the starboard side at the stern that was thrown into the water owing to the shock.

886. The Commissioner : Do you mean No. 8? — And at the same time there were a number of people struggling in the water on the starboard side from the other boats when the torpedo was fired ; some of them, I think, were killed by the explosion.

887. Mr. Dan. Stephen* : Now with regard to No. 5, can you say definitely whether it tell in before or at the time the torpedo struck the ship?— When the torpedo was fired there was only one boat as far as I could see, and that was No. 8. I can be definite about No. 5, because I knew some of the men in it — one man particularly.

888. How did you get saved ? — I was swimming for about an hour in the water, and I was picked up in the same boat that saved the chief officer. I was picked up after he was.

889. He says it was No. 3? — It was a ship's boat. I do not know which boat it was. It was manned by the third engineer.

890 And you were put on board the trawler ? — I was put on board the drifter, the " George Baker." That was the only ship's boat that came back to pick up anybody.

24

INVESTIGATION INTO THE LOSS OF THE STEAMSHIP " FALABA."

20 May, 1915.]

Captain Matthew Charles Coveeley Harrison.

[Continued.

Examined by Mr. Butler Aspinall.

891. When you left the ship were the Captain and the chief officer still there? — They had left.

892. How do you suggest they had left ? — We had seen the captain in the water.

893. He jumped overboard ?— He jumped overboard before I left : and the first mate must have left before I did, because I did not see him on board and he was picked up in the same boat as I was.

894. You infer that about the first mate? — I could not see him on board and not only that but I saw the ship sink.

895. Such passengers as you saw had their life jackets on ? — Yes, I think the majority of them had.

896. And you said something about a rush being made to the boats : was it the passengers that made the rush to the boats ? — Yes, speaking generally there was a rush to the boats.

897. Not unnaturally, perhaps ? — Not unnaturally.

898. And you said something about the boats bumping against the sides ? — When they ' were hanging in the falls they bumped against the side. When they struck the water there was enough sea on to bump them against the side.

899. So that they might probably get some damage ? — Yes, but not sufficiently there, not on that side I think.

900. Which side are you speaking of ? — The starboard side ; that was the leeward side.

901. Then the port side would be the weatherside ? — Yes.

902. And any boats being lowered there would pro- bably get more damaged if they did bump than the boats on the starboard side ? — Yes, they would.

Examined by Mr. Holmes.

903. Did you see the captain jump into the water ? — I did not see him jump into the water.

904. You saw him in the water ? — Yes, I think so.

905. That was after the torpedo had struck you ? —Yes.

906. And that was after all the boats had gone or had been destroyed? — Yes, they had gone then.

907. Did the ship take a list after the torpedo struck her ? — Yes, she took a list to starboard and sank by the stern gradually.

908. A heavy list ? — It was an immediate list.

909. Was it sufficient to throw anyone off the deck ? — No, she did not have a heavy list for several minutes afterwards.

Examined by Mr. Joseph Cotter.

910. Did you see any of the crew giving lifebelts out ? — No, I did not see any of the crew giving lifebelts out, and I heard no orders about lifebelts.

911. Did you see the crew assisting the passengers into the boats at all ? — No.

912. When you went along to No. 8, what was on on the poop? — I did not go along there to No. 8.

913. You stated that you went to No. 8 ? — I went and saw No. 4 being lowered.

914. Did you not say that you went to No. 8 af c ? — No, the centre boat at the port side.

915. Where were you when No. 8 was thrown into the water ? — I was on the starboard side on the passenger deck.

916. Whereabouts ? — Under the bridge I should think.

917. Where was the bridge situated — was not the bridge situated forward of No. 5 ? — Just forward of No. 5 or No. 6 — about there.

918. Could you see from the bridge right aft to No. 8 ? — Yes, I was holding on waiting for the torpedo to hit the " Falaba."

919. You did not see any of the crew at all then in her ? — In which ?

920. Along the decks ? — I saw some of the crew in the boats.

921. Did you see any of the crew doing anything to assist the passengers into the boats ? — No.

922. You heird no orders at all ? — No.

923. Where did the torpedo strike the boat starboard side opposite the engine room.

Examined by Mr. Ronald McDonald. On the

924. Was it a big explosion or not ? — No, not a heavy explosion ; it threw a lot of water up.

very

(The Witness toithdrew.)

The Commissioner : How many more witnesses have

you

The Solicitor-General : There are a very, very large number, my lord, but I cannot help thinking that after to-day we shall be able to limit them very materially.

Captain Matthew Charles Cover ley Harrison, Sworn.

Examined by the Solicitor-General.

925. Are you Assistant Commissioner of Police at the Gold Coast Colony ? — I was, yes.

926. And were you a passenger on board the steamship " Falaba " when she sailed on the 27th March from Liverpool ? — I was.

927. Did you see the submarine before she torpedoed the ship ? — Yes, I saw her about a quarter of an hour before.

928. Did yon notice any messages that she gave ? — I saw she had signals up, but I could not read them.

929. Flow do you remember when the " Falaba " was stopped ? — Yes, and remember it.

930. What happened then ? — .How do you mean ?

93L I mean to say you were on board the " Falaba." She stopped, what did you do ? — We walked about and put our lifebelts on.

932. There were plenty »f lifebelts ? — I had no difficulty in getting one .; at least one was thrown at me.

933. You do not expect to have it politely handed to you at a moment like that? — We were told where we coulfl find them.

934 Ihe Commissioner : Were there not lifebelts in all the cabins ? — Yes, but I did not go down to the cabins.

935. Tlie Solictor-Geneval : After you got the lifebelts what happened ? — Then I eventually got into the last boat that left the ship.

936. Which boat was that ?— No. 6.

937. Did you see the other, boats launched ?— Yes, nearly all except No 8, I think.

938. Had you any opportunity of getting into the other boats, or did you stmd back? — I did not attempt to get into any of the others

939. Because they were full ?— Yes, and besides, the first two I saw floating about when everybody was in the water, they broke to pieces, the, framework was broken.

940. They could not have bee a broken to pieces before they left the boat. I was asking you if you tried to get into any other boat ? — No, I did not.

941. Were the other boats filled by passengers .?— Yes, all except No. 4.

942. Can you tell me from your own observation what- happened to