The Scuttling of the Nestor

Date: Sep 1854 [unknown]
Location: Portland, Victoria, Australia
Surnames/tags: Nestor Portland

1854 'SHIPPING INTELLIGENCE.', The Argus (Melbourne, Vic. : 1848 - 1957), 11 November, p. 4. , viewed 17 Jun 2022, http://nla.gov.au/nla.news-article4800191

PORTLAND BAY.— THE STRANDING OF THE NESTOR.— The adjourned enquiry into the stranding of this vessel was resumed on Thursday, the 2nd inst., when others of the crew were examined without throwing any additional light on the matter. The Portland Guardian of the 6th inst. states :— "Another survey has been held on this vessel. On Friday there had been 72 hands pumping night and day, and the water in her hold had been reduced three feet, leaving about nine feet in her.

While the tide was coming in the water gained a little on the pumpers, but at ebbing tide the pumpers had the best of it. The survey have decided that it was lost labour to attempt to pump her out ; and it was ordered to dismantle the ship and have her sold.

The Nestor is, we understand, insured for upwards of £4000, and her cargo of iron is also insured for about the same amount.

There are many suspicious facts about the stranding of this vessel ; and the general impression in this town is, whether right or wrong we say not, that her stranding has been designed ; and in fact, that she was scuttled while at anchor."

The Guardian adds :— "Since our notice above was written, an important discovery has been made justifying the suspicions that were generally entertained of foul play in the stranding of the Nestor. Some of the Lascar crew from the Nene Valley were engaged last Saturday to dive under the Nestor, and they have reported the discovery of three augur-holes through her bottom under the cuddy : two of these are on one side and one on the other. Her captain (Brown) was immediately apprehended and lodged in gaol. His examination takes place this day, and will be reported in our next."—

1854 'Colonial News.', The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 - 1893), 11 November, p. 2. (Supplement to the Maitland Mercury), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article695114

A SHIP WILFULLY DRIVEN ASHORE IN PORTLAND BAY.-The Portland Guardian reports fully a very singular occurrence that had just happened in that harbour, namely, the drifting ashore of the barque Nestor, by order of her captain, Brown. The Nestor, it appeared on the subsequent police examination, was lying ready for sea, being bound to Madras ; she was an old vessel, and usually made half an inch of water per hour while lying in harbour ; on the evening of Friday, Oct. 27th, about eight o'clock, Captain Brown stated that he had the wells sounded, and found ten inches water in the hold, that he then went to his cabin, but perceiving an hour afterwards a peculiar motion in the vessel, he went on deck, and had the pumps again sounded, when he found no less than six feet water: all hands were then ordered to the pumps, but in a short time the water had increased to seven feet. Captain Brown then became seriously afraid the ship would sink where she lay, in five fathoms water, and to prevent this he had both chains slipped, and the Nestor drifted in towards the jetty, where she took the ground.

All this was regarded as very singular, the nautical witnesses from other ships being unable to imagine any cause for the Nestor so rapidly making water other than her being scuttled. It was alleged also that there was a want of proper steps being taken immediately by the captain to obtain assistance, instead of resorting to the desperate course of letting the vessel drift on shore.

The captain, chief mate, and several of the sailors, were in custody, and had been once brought before the magistrates, and remanded.

1854 'MELBOURNE.', The Shipping Gazette and Sydney General Trade List (NSW : 1844 - 1860), 20 November, p. 230. , viewed 17 Jun 2022, http://nla.gov.au/nla.news-article161108838

THE SCUTTLING OF THE NESTOR. — We mentioned in our last (says the Portland Guardian,) that Captain Brown had been apprehended, and was to be brought up on a charge of being concerned in the scuttling of the Nestor, immigrant ship. Captain Brown, the carpenter (Jolly), and a newly appointed second mate (Robertson), were placed in the dock at the police-office on Tuesday, charged with "unlawfully casting away the British barque Nestor." The magistrates on the bench were J. Blair, Esq., P. M., S. Lapham, Esq., S. G. Henty, Esq., F. Henty, Esq. The Guardian publishes very lengthy evidence, taken on three successive days ; but the only new matter that transpired is contained in the following depositions :—

T. B. Alexander, Tide Surveyor, deposed : I went on board the Nestor on Saturday morning after she had grounded ; remarked to the captain that it was a bad business ; he replied yes, and thought some of the hands from shore had done it. He said there were some men on shore to whom he had refused to give £50 for the run, and he thought some of them had done it. 'He also said he had a share in the ship, and would be a great loser by it.

An Arab, named Selim, deposed that he had been engaged to dive under the ship by the Captain of the Nestor, at the suggestion of the Harbour Master, and was paid £5 for the service. He found the ship bedded in the rock ; tbere were two butts started on the starboard side, one about midships, the other close to the stem-post. He then dived onthe port side, and found a hole abreast the poop underneath, aboutone span from the sand. The copper is off where the hole is, about the size of the hole. Received from the Harbour Master a peg toput into the hole, which was found too large, and had to get itscraped smaller, and went down again, when it was put in thehole. :Thomas Ward, one of the Harbour Master's crew, deposed to having seen some augurs lying on the port side of the afterhatch, just before the poop.

1854 'SHIPPING INTELLIGENCE.', The Age (Melbourne, Vic. : 1854 - 1954), 21 November, p. 4. , viewed 17 Jun 2022, http://nla.gov.au/nla.news-article154851605

Portland Bay. — The Nestor Case. — We learn from the Portland Guardian that the preliminary inquiry Into the circumstances of the stranding of the Nestor was concluded on Thursday, 9th instant, before a full Bench consisting of the following magistrates :- J. Blair, Esq., P.M., S. Lapham, Esq., J. Findlay , Esq., S. G. Henty, Esq., F. Henty, Esq., and W. Learmouth, Esq.

Captain Fawthrop, Harbor Master, was re-examined, and deposed: The Nestor arrived in Portland Bay in the afternoon. After I had properly moored her I went on shore and returned the next morning. None but Government boats were allowed alongside the vessel at that time. I saw the captain, he said he wanted a survey held on the vessel, and asked me and a captain of one of the other vessels to hold a survey. I asked what for? He answered that the ship had been very leaky on the passage, and he was afraid she was not seaworthy. I said I would see about it, and the conversation dropped. I met the captain on shore a day or two after, and he said he must have the survey he was talking about. I said it was impossible. While the ship had part of her cargo to deliver at Madras, she could not be condemned, and that she must have been seaworthy when she left England. I advised him not to persist in it. So large a quantity of iron (300 tons) stowed the same manner as in her would cause any vessel to strain. If she had not been seaworthy she would not have remained as she is now. If weak, she would, probably, have been by this time what is termed bogged. I visited the vessel several times, and considered her staunch and sound.

By Mr. Scott; When the captain spoke to me about the survey he did not assign as a reason any reports that had been circulated respecting the vessel. He did not mention to me anything about the Surgeon-Superintendent. If she had not been strong the vessel would probably have bogged the night she came ashore. Dr. Findlay, Immigration Agent, was then examined, but did not add any new light to the evidence already given.

The prisoners were then asked if they had anything to say. Captain Brown then said: With regard to Captain Fawthrop's evidence, I stated though he may have forgotten it, that the reason of my speaking of the survey was the report of it the Surgeon-Superintendent, and I asked him if it would be right in consequence to hold a survey. The second time I spoke of it because the report had been given into the board, and I asked his advice ; I thanked him and reported to my agent. Next, with regard to the evidence of the mate : when the Surgeon-Superintendent spoke about the report in the presence of my officers, I said in that case I must look to myself and get advice. I never said on Friday evening that I felt a strange motion in the vessel but once, that was when, I ordered the ship to be pumped out at nine o'clock. Before the chains were slipped I made this remark— This has been done by somebody ; I shall run the ship ashore and not allow her to go down in deep water."

Mr. Scott then commented on the evidence, which he said was quite insufficient to fix guilt upon the captain, and urged it as conclusive evidence that the captain had no guilty part or intention in the disaster of the Nestor, otherwise he would have let the vessel go down in deep water rather than run her ashore.

The magistrates retired to consult for a considerable time, and on their return the Police Magistrate stated that a majority of the Bench had decided to send the charge before a jury, and committed the captain, carpenter and second mate to take their trial at the next assizes, to be held on the 20th December next, for feloniously setting adrift the British barque Nestor. The captain committed to ball himself in £300 and two sureties in £150 each.

1854 The Age (Melbourne, Vic. : 1854 - 1954), 25 November, p. 4. , viewed 17 Jun 2022, http://nla.gov.au/nla.news-article154849206

THE NESTOR. —The hull, cargo, and rigging, of this stranded vessel were sold by auction last Saturday by Mr. D. G. Parker.

As soon as it was known that the vessel with her cargo of iron rails was to be sold, a company was formed in this town for the purpose of purchasing her, with a view of having the rail laid down as the commencement of a railway leading out of Portland. The company had authorised their agent to bid as far as four thousand three hundred pounds for the hull and cargo of the Nestor. — The bidding, however, did not go higher than £650 for the hull, and £600 for the cargo of iron rails, in all 1250, at which figure she was bought for the company.

Arrangements are already commenced for getting the iron rails out of the vessel ; for this purpose a donkey engine has been sent for from Melbourne to pump out the vessel by steam in order to get at the cargo. We are heartily glad to see these signs of enterprise in our town ; and we may now expect very shortly to see a Portland railway commenced in real earnest. — Portland Guardian.

1854 'LOCAL INTELLIGENCE.', Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 7 December, p. 2. (EVENING), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article71571349

THE NESTOR,-This wreck is now being taken to pieces. The masts are out and her fittings are being brought ashore. It was expected that she might have been pumped out, so as to facilitate the recovery of her cargo of iron rails; and a donkey engine was brought round ffom Melbourne for the purpose. However,for some reason or another the Havilah carried the engine on to Adelaide, having refused to deliver it here. Before the Havilah returned, a strong easterly swell set in, which so damaged the wreck of the Nestor as to render it impossible to get her off bodily.

1855 'PORTLAND ASSIZES.', Geelong Advertiser and Intelligencer (Vic. : 1851 - 1856), 1 January, p. 5. (DAILY), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article91860483

[Repeated evidence omitted]

Mr Chapman, counsel for the prisoner Brown, handled the case admirably, and commented with great effect on the weakness of the evidence. Although he was only retained for Brown, yet he would include the other two prisoners in his defence, and he argued that if the case was weak against the captain, it was still weaker against the carpenter and second mate. The Jury after retiring for a few minutes, returned a verdict of Not Guilty against all the three prisoners.

1855 'PORTLAND.', Geelong Advertiser and Intelligencer (Vic. : 1851 - 1856), 23 January, p. 4. (DAILY), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article91862955

THE NESTOR WRECK.--After several disappointments in obtaining a diving helmet from Adelaide or Melbourne, the proprietors of the Nestor wreck are at last getting one made in the town. It is now nearly finished.

Effective operations will therefore soon commence in recovering the whole of the iron rails from the hold of the wreck. Now that there is a prospect of public roads being placed under the management of a municipality in this district, these rails may come in very timely for the commencement of a railroad.

1855, Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 15 February, p. 2. (EVENING), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article71571721

(To the Editor of the Portland Guardian)

Sir. For the information of the Nestor Company, I request you to publish the following report in your next issue.

From the disappointments I continued to meet in not procuring a diving helmet, I was induced to endeavour to have one made in Portland. This was done under the superintendence of a person who professed to understand it but on the completion of the same he was uniable to go down in it and as there was no person in Portland that would undertake the submarine work, I went down to Belfast and there engaged a competent diver to come to Portlan'd and give me his opinion on the state of the property as it it now lies; a copy of which I publish

Portland Bay February 9th 1855.

Captain Clarke- Sir, As you are acting Agent for the "Nestor" now laying sunk in the bay, I beg to hand you the following report respecting the recovery of the property now remaining in her,

1st. I consider the small quantity of sand accumulated in her of no consequence whatever.

2nd. I consider the whole or greater part of the remaining property can be saved if proper apparatus can be procured.

3rd. The apparatus produced to me will not do for the work. I could get part of it out if I was on the spot without apparatus but it would not pay me or you keeping me here on such energencies. If you will obtain the apparatus complete, I will hold myself in readiness to perform the work.

I am perfectly satisfied it will pay the company to go to the expense of a complete apparatus.

The report and remarks made by me is a true and faithful one to the best of my judgement for the benefit of all paries concerned.

I am Sir your obedient servant

JOHN CROWLEY

The person who gives this report is a person of experience and character at present holding a situation as coxtswain of the harbour masters boat at Belfast. I have made arrangements for him to come on the production of the helmet which I have also taken prompt steps to ensure although unforseen delays have taken place and I believe, I may congratulate the company on some signs of succes to the enterprise.

Our Belfast neighbours would very glad ly avail themselves of the chance.

THOMAS CLARKE

Acting Manager

(An old proverb is rather applicable here - bad workmen quarrel with their tools. We should think more favourable of the prospects of the company, if what is acknowleged might be done without the diving apparatus were done promptly. Let SOMETHING be done forthwith, Ed P. G.)

1855 'Local Intelligence.', Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 15 March, p. 2. (EVENING), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article71571895

The Nestor Wreck - The owners of the Nestor wreck seem likely now soon to reap the reward of their patience. A complete diving dress has arrived from Sydney, and was in full operation yesterday. Several bars of the railway iron have been got up from the hold of the wreck, and the whole may be expected to be recovered in a few day. Then will come the consideration of the Portland railway.

1855 'Local Intelligence.', Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 29 March, p. 3. (EVENING), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article71571964

THE NESTOR. - The raising of the railway iron from the wreck of the Nestor is still going on. Those lying athwart ship have been got up, and the diver is now engaged in raising those that have been stowed fore and aft. Numbers of the rails may be seen lying at the end of the jetty.

1855 'DOMESTIC NEWS.', Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1843; 1854 - 1876), 10 September, p. 2. (EVENING), viewed 17 Jun 2022, http://nla.gov.au/nla.news-article71572767

THE NESTOR WRECK - The hull of the Nestor was recently sawn down, in order to facilitate her breaking up so as the more easily to get at the remainder of the iron. The strong gale of last Friday has forwarded the designs of the company ; having entirely broken up the Nestor and driven the wreck ashore. It may be expected that no further delay will now occur in recovering the whole of the iron rails.