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MG 1 vol 2124
number 996 [handwritten, pencil]

Halifax, N.S.
March 12, 1918.

Public Archives of Nova Scotia - Halifax [blue stamp]

HALIFAX DISASTER RECORD OFFICE
Chronicle Building

Journal

On Her Right Side.

By common consent, it was admitted that the Mont Blanc was proceeding up Halifax Harbor on the Dartmouth or starboard side which was her right side; that she must have observed the Imo coming towards her in her, (the Mont Blanc's water), and that she heard confusing signals from the Imo. Further, that the Imo acted contrary to these signals, having blown that she was going to port, and instead went to starboard. Counsel contended that in these circumstances Pilot Mackey was not obliged to stick to the Dartmouth side, but could avail himself of Rule 27 of the International Rules of the Road which permits a navigator when in extreme peril to ignore the ordinary rules and do what is prudent.

The defendant's solicitor discussed the question of the claim by men of the Imo that the members of the French ship had given no warning. He pointed out that this was contradicted by two disinterested witnesses called by the Crown, Bert Henry and Ralph Smith, who were on the motor boat Jutland at the time; men in the employ of Burns & Kelleher. These men positively stated that they were warned and that a Frenchman was shouting loudly the word, "explosion" being understood. Counsel concluded by urging that under present law, a Magistrate is obliged to consider all the evidence called, both for the Crown and prisoner. Formerly, the defendant in a preliminary investigation before a Magistrate could not call witnesses. This has been changed. When all the evidence was examined in this case, there was nothing to show neglect on the part of Mr. Mackey, he continued, but, on the contrary, the Imo was established in fault. At any rate, taking the strongest view of the situation, all that could be attributed to Mackey, which counsel stated that he did not admit for one moment, but strongly denied and disputed, would be an error of judgment. This, he said, was not sufficient upon which to found a criminal accusation.

Crown Prosecutor Cluney's Reply.

Mr. Cluney, K. C., who appeared for the Crown, answered Mr. O'Hearn's argument at length, going very deeply into the situation and quoting many authorities in support of his contention that the committal by the Magistrate should not be interfered with.

In answer to a question of the Judge, Mr. Cluney contended the pilot had been reckless, and had lost his nerve and control of judgment. The Crown said he was doing a lawful act proceeding up the harbor until he changed his course and there became an unlawful course and prima face he was thereby guilty of negligence. With regard to conflicting signals it might be regarded as contributory neglience.

The argument was finished during the afternoon, and Judge Russell will deliver his decision on Friday morning.