The Three Bells was a lugger boat, with steam hauling gear, which left East Mey on 27 May for the fishing grounds, about 40 miles off Dunnet She arrived at the grounds the same night and the crew set their lines, which they began to haul about 3am the next morning. They then left for Scrabster. About 2am on the 29th the crew spotted a trawler. They were then from 10 to 12 miles north-west of Dunnet Head and the trawler was two to three off when seen. The trawler was coming from the east towards them. The skipper of the Three Bells was at the wheel and the rest of the crew were below. William Ham, East Mey, mate of the Three Bells and also half owner was also on board. The trawler was being steered in an unsteady fashion and that made it difficult for those on board the Three Bells to know the exact direction in which the vessel intended to come. She was steering in a radiation of three to four points. The morning was quite clear and the wind light, east-south-east. The boat was going about two miles an hour and the trawler about ten knots. When the trawler was about half a mile off, a foghorn was used to call the attention of those on board the trawler. The Three Bells did not show any lights because it was quite clear. In addition to blowing the foghorn one of the Three Bells crew, David Mowat, roused the men, who, when they came on deck, also shouted to the trawler. No one was seen on board the trawler, which came straight on and struck the Three Bells on the port bow and went right through it. When the vessels collided David Mowat hung on the bow of the trawler and was pulled on board by two of her crew, after two or three minutes. Five of the crew of the Three Bells altogether got on board the trawler that struck them which was called the Tally-ho.
Up to the time that the Tally-ho struck, no one was seen moving about the steamer, nor in the wheelhouse. When David Mowat got on board the Tally-ho, two of the crew came out of the forecastle and later on the skipper of the Tally-ho came from the direction of the cabin. The Tally-ho backed astern to help, but its screw got entangled in the boat’s tow rope and it was consequently brought to a stop. A life-buoy was thrown and a boat was launched, manned by two of the Tally-ho's men and one of the Three Bell’s crew. The boat came back in a short time with the body of the skipper of the Three Bells, at which they worked for about three hours to revive him, but they were unsuccessful. The body of the cook of the Three Bells was never recovered. The Three Bells sunk.
In consequence of the condition of the Tally-ho’s rudder they had to wait for some time until assisted by another trawler and brought to Aberdeen on the Saturday.
Before Sheriff Robertson and a jury at Aberdeen, Captain Hayes of the Tally-ho was charged with "having on 29th May last, while in charge of the wheel-house on board steam trawler Tally-ho of Hull, then on a voyage between Hull and the Icelandic fishing grounds and at a part of the North Sea about 12 miles north-west of Dunnet Head, Caithness-shire, failed to navigate the vessel with proper and seamanlike care and failed to keep a proper lookout, whereby the Tally-ho ran down and sank the fishing boat Three Bells, of Wick, No.52, and whereby Donald Mackay, the Master of the boat, residing at Scalesburn, Wick and John Dunnet, the cook, residing at Gills, Canisbay, Wick, were thrown into the sea and drowned".
The Sheriff stated that, "It was the business of a steamer to keep out of the way of sailing craft. He could not see inside the trawler’s wheelhouse or whether there was anyone in it. There was no one on the bridge outside the wheelhouse".
Captain Hayes of the Tally-ho stated that, "on feeling a slight shock he immediately went on deck and saw they had collided with a lugger and that five men had jumped aboard his ship, two being yet aboard the lugger. The telegraph rang stop and immediately he gave orders to clear out the boat. He went on to the bridge and manoeuvred the ship. The boat was cleared out and launched and three men went away in it. They found one man in the water but he was dead. Artificial respiration was tried for three hours, but without any effect. In manoeuvring the ship the propeller got entangled by a grass rope and he could not get it clear, else perhaps the man’s life could have been saved. The boat was a long time away. He went below at 1.30 and said to the bo’swain that he did not think there was any need for him to keep up any longer. It was a fine clear night and he had the open sea before him. He left instructions when he went below to call him if need be. The weather was very fine". He could not say how far off a fishing boat could have been seen as they they are very deceiving in the twilight.
Captain Hayes went on to say, "that, he came on deck when the collision occurred and the weather was still fine". He saw Andrew Mortensen at the wheel and the bo’swain on the bridge. He lost no time in getting on deck, having lain down with his clothes on. When he came on deck he said to the two men, “Whatever have you been doing?”. The bo’swain said, “I have been down for a shift”. The witness replied “Why did you not go when I was on deck?” He made no reply. On the way to Aberdeen the witness asked the bo'swain if he had a mate’s certificate and he answered “No”. He asked if he had good eyesight and the bo'swain said he had. The bo'swain denied that he was asleep and all that witness could get out of him was that he “did not see him” meaning the lugger. If he had kept a good lookout he must have seen the lugger. He thought the lugger should have been seen even though she had no lights. He did not hear any foghorn. On such a night they would not have been expecting to hear it. The bo'swain was in charge of the other two men. The man at the wheel had to steer, but it was not his duty primarily to keep a lookout.
By the Sheriff – "The man at the wheel, had he seen anything in front, should at first acquaint the boatswain and not alter course at his own hand".
Cross-examined the witness considered it a serious fault for the fishing boat not to have lights. Had there been lights he was almost sure there would have been no collision. They (the Three Bells) might have done something in the direction of avoiding the trawler. He might, by porting his helm, have passed the trawler.
The Mate’s Story
James Wroe, mate of the Tally-ho, who was relieved on the watch by the bo’swain at midnight, said that he, "went on deck when he went heard the stamping of feet", and then he saw "three or four strangers coming round the galley way". After-wards he saw the lugger gliding along on the starboard and the strangers, in reply to his question, said there were two men still on board the boat. Afterwards he helped to get the ship’s boat out. He had no communication with the bo’swain as to the cause of the accident. He dared say that, "a vessel with lights could have been seen about a mile and a half off", but he could not see how far away he could see a boat without lights, as the twilight was very deceptive in the judging of distance.
The Steersman
Andrew Mortensen, who was at the wheel of the trawler when the accident happened, said that it was not true that the bo'swain was out of the wheelhouse during his watch. He did not see any fishing boat until the accident happened, but he heard the bo’swain and the other man talking about a boat they had seen. At the time of the collision he suggested to the bo’swain to stop the engines, but he replied “No, not yet”. The bo'swain then left the wheelhouse and witness sat on the wheel. He did not see anyone ring the telegraph, but the engines were stopped. The bo'swain was on the bridge when the master came up and asked him what he had been doing. The bo'swain's reply was that "he was down below for a necessary purpose", which was not true.
The Boatswain Examined
The bo'swain then gave evidence on his own behalf. He said he had been, "seven or eight years at sea" and had served an apprenticeship of three years. His only qualification was an insurance certificate, which was granted under some arrangement with the owners. This was his first voyage in the Tally-ho.
The Tally-ho's boatswain was ultimately found guilty of culpable homicide.
Up to the time that the Tally-ho struck, no one was seen moving about the steamer, nor in the wheelhouse. When David Mowat got on board the Tally-ho, two of the crew came out of the forecastle and later on the skipper of the Tally-ho came from the direction of the cabin. The Tally-ho backed astern to help, but its screw got entangled in the boat’s tow rope and it was consequently brought to a stop. A life-buoy was thrown and a boat was launched, manned by two of the Tally-ho's men and one of the Three Bell’s crew. The boat came back in a short time with the body of the skipper of the Three Bells, at which they worked for about three hours to revive him, but they were unsuccessful. The body of the cook of the Three Bells was never recovered. The Three Bells sunk.
In consequence of the condition of the Tally-ho’s rudder they had to wait for some time until assisted by another trawler and brought to Aberdeen on the Saturday.
Before Sheriff Robertson and a jury at Aberdeen, Captain Hayes of the Tally-ho was charged with "having on 29th May last, while in charge of the wheel-house on board steam trawler Tally-ho of Hull, then on a voyage between Hull and the Icelandic fishing grounds and at a part of the North Sea about 12 miles north-west of Dunnet Head, Caithness-shire, failed to navigate the vessel with proper and seamanlike care and failed to keep a proper lookout, whereby the Tally-ho ran down and sank the fishing boat Three Bells, of Wick, No.52, and whereby Donald Mackay, the Master of the boat, residing at Scalesburn, Wick and John Dunnet, the cook, residing at Gills, Canisbay, Wick, were thrown into the sea and drowned".
The Sheriff stated that, "It was the business of a steamer to keep out of the way of sailing craft. He could not see inside the trawler’s wheelhouse or whether there was anyone in it. There was no one on the bridge outside the wheelhouse".
Captain Hayes of the Tally-ho stated that, "on feeling a slight shock he immediately went on deck and saw they had collided with a lugger and that five men had jumped aboard his ship, two being yet aboard the lugger. The telegraph rang stop and immediately he gave orders to clear out the boat. He went on to the bridge and manoeuvred the ship. The boat was cleared out and launched and three men went away in it. They found one man in the water but he was dead. Artificial respiration was tried for three hours, but without any effect. In manoeuvring the ship the propeller got entangled by a grass rope and he could not get it clear, else perhaps the man’s life could have been saved. The boat was a long time away. He went below at 1.30 and said to the bo’swain that he did not think there was any need for him to keep up any longer. It was a fine clear night and he had the open sea before him. He left instructions when he went below to call him if need be. The weather was very fine". He could not say how far off a fishing boat could have been seen as they they are very deceiving in the twilight.
Captain Hayes went on to say, "that, he came on deck when the collision occurred and the weather was still fine". He saw Andrew Mortensen at the wheel and the bo’swain on the bridge. He lost no time in getting on deck, having lain down with his clothes on. When he came on deck he said to the two men, “Whatever have you been doing?”. The bo’swain said, “I have been down for a shift”. The witness replied “Why did you not go when I was on deck?” He made no reply. On the way to Aberdeen the witness asked the bo'swain if he had a mate’s certificate and he answered “No”. He asked if he had good eyesight and the bo'swain said he had. The bo'swain denied that he was asleep and all that witness could get out of him was that he “did not see him” meaning the lugger. If he had kept a good lookout he must have seen the lugger. He thought the lugger should have been seen even though she had no lights. He did not hear any foghorn. On such a night they would not have been expecting to hear it. The bo'swain was in charge of the other two men. The man at the wheel had to steer, but it was not his duty primarily to keep a lookout.
By the Sheriff – "The man at the wheel, had he seen anything in front, should at first acquaint the boatswain and not alter course at his own hand".
Cross-examined the witness considered it a serious fault for the fishing boat not to have lights. Had there been lights he was almost sure there would have been no collision. They (the Three Bells) might have done something in the direction of avoiding the trawler. He might, by porting his helm, have passed the trawler.
The Mate’s Story
James Wroe, mate of the Tally-ho, who was relieved on the watch by the bo’swain at midnight, said that he, "went on deck when he went heard the stamping of feet", and then he saw "three or four strangers coming round the galley way". After-wards he saw the lugger gliding along on the starboard and the strangers, in reply to his question, said there were two men still on board the boat. Afterwards he helped to get the ship’s boat out. He had no communication with the bo’swain as to the cause of the accident. He dared say that, "a vessel with lights could have been seen about a mile and a half off", but he could not see how far away he could see a boat without lights, as the twilight was very deceptive in the judging of distance.
The Steersman
Andrew Mortensen, who was at the wheel of the trawler when the accident happened, said that it was not true that the bo'swain was out of the wheelhouse during his watch. He did not see any fishing boat until the accident happened, but he heard the bo’swain and the other man talking about a boat they had seen. At the time of the collision he suggested to the bo’swain to stop the engines, but he replied “No, not yet”. The bo'swain then left the wheelhouse and witness sat on the wheel. He did not see anyone ring the telegraph, but the engines were stopped. The bo'swain was on the bridge when the master came up and asked him what he had been doing. The bo'swain's reply was that "he was down below for a necessary purpose", which was not true.
The Boatswain Examined
The bo'swain then gave evidence on his own behalf. He said he had been, "seven or eight years at sea" and had served an apprenticeship of three years. His only qualification was an insurance certificate, which was granted under some arrangement with the owners. This was his first voyage in the Tally-ho.
The Tally-ho's boatswain was ultimately found guilty of culpable homicide.