TNA CAB 103 191

13A
The fire however began to spread rapidly and the Appearer by reason of the fire had previously given orders for the ammunition
HT
carried by his vessel to be jettisoned in order to save the said vessel from being blown up. The Appearer then made an attempt
ST.
to leave the Roads with a view to returning to an English Port on a course given to the Appearer by the Officers of the last
ITE
mentioned Destroyer, but it was found that the telemotor steering gear was broken and unusable, and that it was impossible to reach the hand steering gear which was situated aft on the poop owing to the fire and the fact that the remaining ammunition in the tonnage opening was exploding. As at this juncture it became impossible for the Appearer and his crew to navigate the said vessel or even remain on board owing to the fact that the fire was burning fiercely and was beyond control and that explosions were continuously taking place and that the vessel was being subjected to machine gun fire from enemy aircraft which were continuously attacking vessels in the roadsteads, the Appearer called for the assistance of one of His Majesty's Minesweepers which came alongside.
The Appearer then for the aforesaid reasons gave instructions for the Officers and the crew to leave the said vessel, and they, including him the Appearer, were transferred to the said
Minesweeper. When the Appearer and his crew last saw the vessel she was burning fiercely and explosions were constantly occurring.
The Appearer with his Officers and crew were then brought to the
Port of Dover where they arrived at about 10 o'clock in the morning of the Thirtieth day of May One thousand nine hundred and forty.
AND LASTLY that all losses and damages which may have happened to the said vessel her appurtenances or cargo have arisen in manner aforesaid and not through the neglect or default of the Appearer or any of his crew, who all did their duty to the utmost of their power, nor yet by any insufficiency in the said vessel which was tight staunch and substantial sufficiently manned and furnished with everything necessary for such a vessel and voyage and in every respect seaworthy, her engines and machinery being in good working order and condition, her cargo properly stowed and damaged and her hatches well secured.
THEREFORE the Appearer declares to protest and I the said
Notary at his request do hereby solemnly protest for all losses costs and damages, and for what else ought to be protested in the premises.
THUS done and protested in London in the presence of John
William Patching and Rowland Rye, Witnesses.
Witnesses:
J.W. Patching.
R.W. MACKIE, Master.
Rowland Rye.
In testimonium Veritatis.
( S E A L)
J. Phillips Crawley.
Not Pub.
B
WE, ROBERT WILLIAM MACKIE, Master Mariner and Master of the
B
Steamship or Vessel called the "Clan Macalister", and JOHN OSBORNE
BC
Stamp
BO
BRI
6.40)
m
WOODALL, Chief Officer, and ROBERT HANNAH, Chief Engineer on board
/6a the said Vessel, DO SOLEMNLY AND SINCERELY DECLARE THAT the contents of the foregoing protest are strictly true and correct.
BRE
BRT
AND WE MAKE THIS SOLEMN DECLARATION conscientiously believing
BRIT
BRYW
the same to be true and by virtue of the provisions of the Statutory
Declarations Act 1835.
BULL
BURGO
ARED this first day
BURTO
ne 1940 at No.30
ng Lane in the City
...
R.W. MACKIE.
BOU SA
J.O. WOODALL.
BARBAR
ndon England.
ROBERT HANNAH.
BHURAN
BOAT (1
Before me,
J. PHILLIPS CRAWLEY,
Not. P