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HALIFAX DISASTER RECORD OFFICE
ARCHIBALD MACMECHAN, F.R.S.C.
DIRECTOR
HALIFAX, N.S.

[Newspaper clipping]
Father of Pilot Hayes On Stand.
Edward Hayes, father of the deceased pilot of the Imo, said the latter left the house early on the morning of the explosion and witness never saw him alive again. Saw deceased's body the following Sunday night, and there were some marks about the head.
Mr. Cluney tendered the deposition of John Johansen, helmsman of the Imo, now out of the jurisdiction, taken on the preliminary examination before Stipendiary McLeod. It was not objected to and was admitted.
Harbor Master Rudolf resumed the stand and testified that after search at his office he failed to find the letter from the Department of Marine regarding the change in the harbor regulations. He had taken the letter off file, brought it to court for preliminary examination and did not know what became of it. There would be a copy of the letter at the Naval Department and witness said he would try to obtain a copy of it.
To Mr. Lovett, Captain Rudolf said he had been exercising same harbor master duties since the war started. The naval authorities did not co-operate with him though he did with them, Witness knew ships with munitions had anchored and unloaded south of Georges Island since the war started. the duties of the Harbor Master were in writing but the naval authorities had control of all ships coming here, hostile or not.
Mr. Lovett tendered the original of a telegraphic advice from New York regarding the coming of the Mont Blanc which was admitted and the court adjourned for lunch.
The Afternoon session.
When the court reassembled after luncheon hour the petit jurymen not on the trial were discharged for the term.
A copy of the regulations as to ships in the Basin was tendered by Mr. Lovett as evidence and by consent accepted.
Harbor Master Rudolf recalled, produced a copy of the letter to himself from the Marine Department, which he could not find during the morning, regarding the transfer of Harbor Master duties to the Naval Department, also a letter to him from Commander Wyatt, and the former was put into evidence. It requested him to co-operate with the Senior Naval Officer in carrying out the public traffic regulations and was dated September 15, 1915.
Mr. Cluney read the evidence of the Imo's helmsman, John Johansen, given at the preliminary examination on the point of the collision, which stated that at the time of the collision Pilot Hayes was on the ship's bridge. He also read extracts from Commander Wyatt's evidence stating that on the morning of the collision he was the man responsible for the traffic regulations of the harbor, that if he knew a munition ship was coming up the harbor he would not allow a ship to come down out of the Basin because steering gear might go wrong or something of that sort happen, that he knew on December 3rd that the Mont Blanc was coming and the nature of her cargo, that he issued no orders the evening of December 5th suspending traffic while the ship was to come up the harbor, and that he had been suspecting some time previous that something of the kind might happen.
No Witnesses For defence.
Mr. Lovett announced that the defence was not calling any witnesses and urged that no offence had been shown by the Crown. He produced copies of the telegraph advice from new York of the Mont Blanc coming and likewise the message from the examining ship at the mouth of the harbor to Commander Wyatt and they did not show the fact of the extremely high explosives carried by the Mont Blanc, other than an ordinary munitions ship.
His Lordship suggested that he did not believe Mr. Cluney was satisfied he had a case against defendant. It was desirable that the weather and other conditions the day of the collision should be placed before the court. It appeared that without one of the two ships being unspeakably in default the death of Pilot Hayes and the disaster never could have taken place. he did not know what ship it was - -the Commission said it was the Mont Blanc. His Lordship's theory that there was negligence and that one of the ships must be gravely at fault but he did not feel it the defendant had been the guilty one. The downright negligence was in the navigation of one or other of the ships, and he would feel it his solemn duty to instruct the jury that it was simply impossible to hold the defendant here responsible for the death of Pilot Hayes. If the defendant was negligent it was remissness which might have bee made




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