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Burrell, Charles F., seaman (second class).
Calcott, Charles B., machinist's mate (third class).
Cash, Elmer L., chief radio man.

Crabb, Russell A., torpedo man (first class).
Dempsey, William, machinist's mate (second class).
Diefenbach, Robert W., signal man (first class).
Fennell, John J., machinist's mate (first class).
Galvin, Daniel M., fireman (second class).
Goering, Donald F., electrician's mate (first class).
Haaland, Peder, machinist's mate (first class).
Heney, Dewey V., ship's cook (second class).
Harris, Buster, seaman (second class).
Hodges, Aron A., chief machinist's mate.

Hodges, Arthur F., machinist's mate (first class).

Kempfer, Paul R., electrician's mate (second class).

Long, "J" H., fireman (third class).

O'Shields, Fred H., engineman (second class).
Pelnar, George, seaman (second class).

Powers, John J., coxswain.

Rose, Rudolph J., electrician's mate (third class).
Seaton, Alfred E., quartermaster (third class).
Snizek, Frank, torpedo man (second class).
Short, Roger L., torpedo man (first class).

Sternman, Joseph W., engineman (second class).
Stevens, Joseph L., seaman (first class).
Strange, Carl B., seaman (first class).
Tedar, Mariano, mess attendant.

Tolson, Walter Ross, seaman (first class).

Thompson, Carl H., engineman (second class).
White, James J., fireman (second class).

Ford, Charles A., civilian.

55. The S-4 has not been raised and is to date a total loss.

MOVEMENTS OF "PAULDING"

56. On December 17, 1927, the Coast Guard destroyer Paulding was operating in the vicinity of Massachusetts Bay and along the shores of Cape Cod in accordance with lawful orders, having proceeded to sea from Boston at 9 a. m. that day.

57. Only oral orders are ordinarily issued to commanding officers of Coast Guard vessels, their movements being held as confidential.

58. When acting singly, as was the Paulding on December 17, 1927, the speed is left to the discretion of the commanding officer.

59. On December 17, 1927, the Paulding was cruising at 18 knots and continued making this speed until the engines were backed full speed at the time of sighting the S-4 at about 3.37 p. m.

60. The Paulding had practically her full complement of officers and men; her commanding officer is an experienced seaman.

61. On the afternoon of December 17, 1927, the Paulding passed Peaked Hill Bar at 2.46 p. m. on westerly course, thence rounded Race Point heading for the approaches to Provincetown Harbor, following the line of buoys, and after identifying a fishing vessel, the William Langtry of Boston, in the vicinity of Wood End, passed buoy CD abeam on the port hand 500 yards distant, and changed course to 110° by standard compass, 94° true, at 3.33 p. m.

ACTION ON SIGHTING "S-4"

62. While on course 94° true, between buoys CD and C-AA and to the southward of them, speed 18 knots, at about 3.37 p. m. the Paulding sighted two periscopes of a submarine one point on her port bow distant about 75 yards from the bow of the Paulding.

63. The periscopes were mvoing toward and across the Paulding's bow and rising.

64. Immediately before sighting the periscopes, the officer of the deck had given orders to the helmsman to change course 5° to the left, but before the destroyer had started to swing to the left the order was given "right full."

65. As a result of commands given on the bridge, the Paulding was given "full right rudder" and backed at full speed.

RESULTS OF COLLISION

66. As a result of the collision the S-4 sank, going down by the bow with all hands. The Paulding at once lowered a boat to search for and rescue possible survivors, dropped a buoy to mark the sport of the sinking and took across bearings.

67. At this time the visibility was excellent, a fresh breeze blowing and the sea choppy.

68. The Paulding was able to proceed unassisted to an anchorage in Provincetown Harbor and later went to the Boston Navy Yard for repairs.

69. One officer and two members of the crew of the United States Coast Guard destroyer Paulding received minor injuries as a result of the collision.

70. The Paulding was damaged to the extent of $19,765, and stores to the value of $604.77 were lost due to the bottom being taken out of the destroyer forward.

LOOKOUTS ON "PAULDING"

71. Just prior to sighting the S-4 the commanding officer was in the chart house just abaft the pilot house examining the chart. The officer of the deck was in the pilot house conning the ship, which was proceeding at high speed, and checking up on the buoys by which he was navigating. The junior officer of the deck (a chief quartermaster) was on the starboard wing of the bridge examining, through glasses, signals flying on a distant lightship three points on the starboard bow. The quartermaster was in the pilot house checking the steering of the ship and at times looking at the light vessel trying to make out storm signals flying near the monument in Provincetown and identifying ships and buoys. 72. The officer of the deck, the junior officer of the deck (a chief quartermaster), and a seaman acting as quartermaster were charged with duties of keeping a lookout.

73. All of these men had other duties to perform.

74. There was no regular lookout on watch charged exclusively with the duties of lookout.

75. The central part of the bridge of the Paulding is housed in to form a pilot house. An unobstructed view can not be obtained from the pilot house due to the frames and panels between the windows.

KNOWLEDGE OF SUBMARINE OPERATIONS

76. The Light and Buoy List for the Coast of Massachusetts states that the buoys AA and BB mark the submarine trial course and warns vessels to keep clear of the buoys marking the outer trial course.

77. The officer in charge of the personnel of the Coast Guard station at Wood End knew that submarines were operating in the vicinity of the trial course off that station on the 17th of December and had been so operating for several days prior to that time.

78. The Coast Guard district commander, whose headquarters were at Provincetown, knew that submarines were operating at this time in the vicinity of the trial course.

79. The log at the Wood End Coast Guard station showed 12 entries of submarines operating in the vicinity of the trial course on the four days preceding December 17.

80. The commander of the Conyngham, also commanding the Coast Guard division to which the Paulding was attached, and the commander of the Paulding testified that they had no knowledge that submarines were operating in the vicinity of Provincetown during those days. They did know that these trial courses were marked on the chart and were so used.

THE COLLISION

81. The Paulding approached the submarine trial course at a high rate of speed.

82. The Paulding failed to keep clear of the submarine trial course.

83. On approaching the inner trial course the Paulding failed to sight the S-4 in time to avoid collision.

84. After the.destroyer had rounded buoy CD to course 94° true, the distance between the two vessels was about 2,000 yards. The S-4 then had the Paulding on her starboard bow, the two vessels approaching at speeds of 18 and about 61⁄2 knots, respectively, or, roughly 24 knots an hour, or 800 yards a minute.

85. The distance of about 2,000 yards would be traversed in 21⁄2 minutes. 86. Action by the S-4 was desirable when that distance 2,000 yards, was reached, either surfacing or diving deep.

87. Up to 1,200 yards' interval, safe action could have been taken by the S-4. 88. Within 1,200 yards the conditions would be critical and delay in action by the commanding officer of the S-4 could no longer be justified.

89. The commanding officer of the S-4 must have realized that collision was inevitable at least 11 seconds in advance, as indicated by time required to lower periscope from full height to position in which found.

90. The vessels, therefore, sighted each other at least 12 seconds before the collision.

FINDING OF FACTS IN REGARD TO RESCUE OPERATIONS

The court finds that:

ORDERS AND DISPATCHES

91. The S-4 was in collision with the Paulding at 3.37 p. m., December 17, 1927.

92. At 3.49 the commandant of the navy yard, Boston was informed by telephone message from the Coast Guard station at Nahant of her sinking.

93. At 3.50 the commandant, navy yard, Boston, received a radio from the Coast Guard destroyer Paulding, "Rammed and sank unknown submarine off Wood End, Provincetown.

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94. At 4.04 rush long-distance telephone calls were made by commandant, navy yard, Boston, to submarine base, New London, and navy yard, Portsmouth, N. H.; and telegrams also sent to each of those stations and to the navy yard, New York, stating: "Submarine reported sunk at Wood End near Provincetown by Coast Guard destroyer. Send any lifting apparatus. Rush."

95. At 4.05 radio giving same information sent to tug Wandank at Provincetown, and a long-distance call put in for Admiral Hughes, Chief of Naval Operations in Washington. Telegrams sent at 4.04 were received at navy yard, New York at 4.14 and at submarine base, New London, at 4.18.

ASSEMBLY OF PERSONNEL AND EQUIPMENT

96. The Navy Department, with the utmost dispatch, assembled at Provincetown the personnel most capable and experienced in rescue and salvage work, and ordered to the scene of the collision all available rescue and salvage material. 97. Capt. E. J. King, commanding the U. S. S. Wright at Norfolk, Va., received orders shortly after 3 to proceed instantly to Provincetown. He caught the first train from Norfolk to New York and proceeded from New York to Provincetown by airplane, arriving on the Falcon at 1.15 p. m., December 18, and took up his duties as senior aide to Rear Admiral Brumby, commander control force. Captain King had had duty in connection with submarines from 1922 to 1926; the first year in command of two submarine divisions afloat, and the latter three years in command of the submarine base at New London. He had direct charge of the salvage operations of the S-4.

98. Lieut. Commander Edward Ellsberg, United States Naval Reserve, who, as a naval constructor in the Navy had had long experience in the construction and repair of submarines, had been the salvage officer under Captain King during the salvage operations that raised the S-51. He was a qualified deep-sea diver and the most experienced man in the Navy for submarine rescue work in deep water.. Lieutenant Commander Ellsberg had resigned from the Navy and was in civil life. When he learned on Sunday morning of the sinking of the S-4, he immediately volunteered his services and was directed to proceed to Provincetown. He arrived on the Falcon about 3 a. m., December 19.

99. Lieut. Commander Harold D. Saunders (Construction Corps) United States Navy, who arrived at Provincetown on the Bushnell, is the superintendent in charge of the construction of V-class submarines. From 1914 to 1916 he did post-graduate work at the Massachusetts Institute of Technology, specializing in submarine design. From 1916 to 1920 he had duty at the Mare Island Yard, in charge of the submarine repair and alterations at that yard, and in charge of the construction of submarines 0-14, 0-15, and 0-16. From 1920 to 1924 he was in charge of the submarine section, Bureau of Construction and Repair, since which date he had been performing his present duty.

100. Lieut. Henry Hartley, United States Navy, commanding officer of the Falcon with 21 years' naval service, had been connected with submarines since 1917. He had qualified as a diver and in 1924 was ordered to the command of the submarine rescue vessel Falcon. He had fitted himself for the command of this vessel by the study of all available records of submarine sinkings and salvage. He had familiarized himself with all classes of submarines, their safety apparatus and their fittings for rescue and salvage. He had commanded the Falcon during the operations for the rescue of the S-51, covering a period of nine months.

101. At 6.10 the rescue and salvage vessel Falcon, Lieut. Henry Hartley, United States Navy, in command, sailed from New London with her complete equipment and with the commander control force on board.

102. Between 7 and 8.17 the tugs Mallard and Lark and the destroyer Sturtevant sailed from the navy yard, Boston, Mass., for Provincetown, Mass., with divers, diving equipment, and underwater cutting torches from the navy yard, the Utah and the Florida.

103. At 7.30 the submarine tender Bushnell sailed from the navy yard, Portsmouth, N. H., with her complete equipment and with Commander Saunders, submarine construction officer of the yard; Commander Strother, the twelfth submarine division commander, to which the S-4 belonged; the engineer repair officer who had charge of the S-4 repairs, divers, and diving equipment available at the yard ashore and afloat.

104. The U. S. Submarine S-8, en route from Provincetown, Mass., to New London, Conn., was turned back and returned to Provincetown at 11.35.

105. At 5.45 the Coast Guard destroyers Conyngham and Wainwright arrived at Provincetown.

106. The U. S. S. Falcon arrived at Provincetown at 7.55 a. m., December 18, 1927, by which time there had been assembled the following naval vessels: Lark, Bushnell, Sturtevant, Mallard, Wandank, S-8, and also the Coast Guard destroyers Wainwright and Conyngham, and two Coast Guard patrol boats.

107. The depth of the water in which the S-4 lay was found by the Lark and Bushnell to be too great to permit of the use of the ordinary service diving equipment brought by those vessels to the scene of the collision. Consequently, no rescue operations could be undertaken until the arrival of the Falcon carrying the special equipment necessary for deep-sea diving and rescue work.

MARKING AND LOCATION OF "S-4"

108. About 5 p. m., December 17, while bubbles and oil were still rising from the submarine to the surface, a Coast Guard surfboat "fixed" the location of the S-4 by ranges on shore, and the naval tug Wandank placed two marker buoys as close to the location as possible.

109. About 8 p. m. a Coast Guard picket boat hooked a grapnel in the submarine and rode to it.

110. About 3 a. m., the 18th, this grapnel gave way.

111. The picket boat again dragged for the S-4, assisted by boats from the Bushnell, Lark, and Mallard, and at 10.45 a. m. of the 18th, the grapnel of the picket boat caught on the submarine.

112. The Falcon was then as promptly as practicable maneuvered into position over the S-4, using quarter lines to the Lark and Mallard. She took the grapnel line on board and used it as a descending line for the divers.

DIVING PROCEDURE

113. The first diver descended at 1.15 p. m., the 18th of December, and landed on the submarine.

114. This diver determined that men were still alive in the torpedo room in the forward end of the submarine; but no sign of life aft.

115. Although there were no signs of life in the after part of the boat, men might still be alive there, though unable to indicate their presence because of weakness or being in a state of unconsciousness.

116. If these men were alive, the only possible method of saving their lives was to raise the boat by forcing air into the ballast tanks and thus driving the water out of them; for if all water in the ballast tanks could be replaced by air it would give sufficient buoyancy to bring the boat to the surface provided not more than one compartment had been flooded. By this method it might be possible to raise the boat within two hours.

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117. A second diver, therefore, was sent down to connect an air hose to the ballast tank salvage line. This was accomplished at 4.27 p. m. on December 18,

1927.

118. Air was immediately blown through the salvage connection into the ballast tanks of the S-4 for about one hour when air began to rise to the surface in quantity about equal to that pumped down, thus showing that such means alone would not raise the S-4.

119. During the above operation the Falcon was moved slightly to avoid being struck by the S-4, should she rise to the surface. When it was found that these efforts were unsuccessful, the Falcon was hauled back to her position directly over the S-4.

120. As the attempt to raise the boat promptly by blowing the ballast tanks had failed, it was decided that the next effort should be directed to getting additional air to the men in the boat, and that this could be most expeditiously done by an air hose connection to the compartment air salvage line.

WEATHER CONDITIONS

121. By this time the wind, which had been steadily increasing, had reached gale force and the sea had risen to such an extent that the Falcon could not be held stationary, but yawed over a wide angle. Diving had thus become extremely hazardous and was only undertaken under the most compelling circumstances, to save those in imminent danger of death.

ATTEMPT TO CONNECT SECOND AIR LINE

122. Michaels, the most experienced of the divers still available, was sent down to connect the hose to the compartment air salvage line.

123. Under these dangerous conditions, Michaels was unable to make this connection and almost lost his life, due to the fouling of his life and air lines. It was only by the heroic work of Diver Eadie that he was rescued.

124. Further diving was impossible at this time.

125. During the night the gale continued, so that the Falcon was forced to let go both quarter lines and ride only to her own anchors.

126. This gale continued without abatement until 6 o'clock Wednesday morning.

MICHAELS TO HOSPITAL

127. As Michaels's condition required hospital treatment to save his life, and as the storm-warning signals indicated a continuance of the gale, rendering diving operations impossible, the Falcon proceeded to Boston on the morning of Monday, the 19th, to place Michaels in the naval hospital, returning the evening of the same day.

COMMUNICATION WITH "S-4"

128. Signal communication had been established with the men in the torpedo room directly after it was known that men were alive there. Messages were interchanged until 6.20 a. m., Tuesday, the 20th, and it was thought that faint taps from the torpedo room could be heard as late as 4.30 p. m. the same day.

RESCUE WORK RESUMED

129. The weather began to moderate at about 6 a. m., Wednesday, the 21st. The Falcon then proceeded to lay out permanent quarter moorings and to anchor as near as could be determined over the wreck.

LOCATION "S-4" AND DEPARTURE "FALCON"

130. When the Falcon left on Monday the 19th to proceed to Boston, the location of the S-4 was fixed by the following, namely, (1) by cross bearings taken by the Coast Guard picket boat; (2) by two buoys placed by the Wandank while the air bubbles were still ascending from the S-4; (3) by sextant angles taken by the Paulding; (4) by buoy placed by the Paulding; (5) by sextant angles taken by the Falcon; (6) by distance and bearing of buoy C-AA taken

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