THE PENGUIN WRECK.

Gisborne Times, Volume XXVII, Issue 2439, 2 March 1909, Page 5

THE PENGUIN WRECK.

JUDGMENT OF THE INQUIRY. CAPTAIN’S CERTIFICATE SUSPENDED. ; (Press Association.) WELLINGTON, March 1. I lie judgment of tho Nautical Court that inquired into the wreck of the .Penguin was delivered as follows at 5.30 -this evening : Question I.—Whether the said vessel was seaworthy and properly found, particularly in regard to the life boats and other life-saving appliances, and whether such appliances were sufficient and efficient and properly attended to. and 'whether . boat drill was properly carried out on. the said vessel. Answer.—That the evidence disclosed the said vessel to have been seaworthy and properly found in regard to the life boats and other -lifesaving appliances; that such appliances were sufficient and efficient, and properly attended to, and that boat drill was properly carried out on the said vessel. ' - >

Question 2.—Whether under the existing weather conditions at any time after 9 p.m. shelter shohld have been sought or the vessel’s head put out to sea, instead of her course being continued to Wellington? -Answer.—That under the existing weather conditions, considering the vessel had run a course of 18 miles at 9.40 p.m., the ship’s head should have been put to sea, instead of her course being continued towards Wellington, end that under existing circumstances the master was guilty of a breach of article 16 of the regulations for preventing collisions at sea. Article 16 reads: “Every vessel shall, in a fog, mist or heavy rain storms, go at a moderate speed, having careful regard to the existing circumstances and conditions.” Question 3. —Generally, what was the cause or what were the causes to which the said casualty was due?

Answer.- —That the cause of the said casualty wan the presence of an exceptionally strong flood tide, coupled with a breach of article 16 by tho -master of the vessel, and with his failure under existing circumstances to put to sea when he had run a course of 13 miles.

Question 4. —In particular whether the said casualty was due to or contributed to by the negligence of wrong ful .act or default of any person or persons on the said vessel, and, if so. who were such person or persons, and what was the nature of such negligence, wrongful act, or default? Answer. —In particular tho said casualty was contributed to by the default of Francis Edwin Naylor, the master of the said vessel, in not putting his. head to sea sooner than lie did, and in not complying with ai'tiele 16. already referred to. Question 5. —Could the said casualty reasonably have been prevented, and if so how? . - Answer.—That with the dirtenc© run up to 9.40 p.m., with the weather thick and rainy, and with neither land nor light at Pencarrow in sight, the casualty would have been prevented if the vessel’s head had then been put towards safety. "When the vessel struck some 22 minutes later the master was doing that which the Court considers lie should have done when closing with tho land in thick weather. Question 6—After the casualty were all reasonable and proper precautions taken to prevent loss of life, and if not what precautions that ought to have been taken were omitted?

Answer.—-That after the casualty happened everything that could reasonably be-done to prevent loss of life was done by the master and officers and crew.

Question 7.—Whether under the circumstances shown by the evidence soundings should have been taken, and if so, after what time? Answer.—That under the circumstances shown by the evidence, as the master did . not put has vessel’s head to safety bo ought to have taken soundings. Question 8. —Whether it is necessary or desirable that) coasting vessels should be fitted with patent sounding gear? Answer. —That although not actually necessary, it would bo a great assistance to masters if coastal vessels were provided with patent sounding apparatus. The Court considers that life boats of vessels should have some means fitted whereby a steer-oar could be used when required, and that when having boat drill, and when the boats are lowered in the water, an opportunity should he given to members of the crew to acquire the knowledge necessary to handle such an oar. It also considers that the Marine Department should also obtain the latest data re the phenomenal currents obtaining at times in Cook Straits; that full information on the subject should be put before the Admiralty,,.and that all mariners should be made aware of the dangers attending the navigation, especially during hazy or thick rainy weather. In view of the facts in this case that all the boats were capsized and floated ashore bottom up, it would suggest that some simple appliance should bo fitted, _say a line of-similar material to the life lines already fitted on life boats to the gunwale on one side, taken through a hole in the boat s keel, and brought up to the opposite gunwale at suitable distances .apart. _ \ Remarks were made during tlie hearing of the ease as to the speed of the currents marked on .the charts. In reference thereto the Court desires to draw attention to the instructions contained in the introduction to the Now Zealand Pilot, which instructions are common to all the Admiralty publications of that nature-, and have sin fecial importance in the case of vessels navigating Cook Strait. The Court would refer more especially to paragraph 9 on. .page 12, , and para-fn-anh 10 on pa go 13. They are as follows: On tides and tidal streams in navigating coasts where the tidal range is considerable caution .is always necessary.' It, should fie remembered that there are indraughts to al hays and bights, although the general run of the stream may be parallel to shore Current -arrows on charts only show the most usual or the mean direction of a tidal stream ©V. current. It must never bo assumed that the direction of a stream will not vary from that indicated by the .arrow m the same manner that the rate ol a stream constantly varies with eircumsLirices, and the rale given on. tlie. chart as merely the.' mean ol those found during the survey, possibly from very few observations. . The Court is far.from satisfied that tlio vessel struck ou Toin’s Rock, bub

is unablo from the evidence to definite, ly locate tlio scone of the wreck. Considering tho undoubted presence of an exceptionally heavy flood tide; the Court is of opinion'"that the suspension of tho master’s certificate for twelve months will meet the circumstances of the case, but also considering :the anguish of the master, and having no desire to ruin him financially, no order will be made as to costs. Tho Court desires to express its heartfelt sympathy with the relatives of those who have been lost iii this national disaster. His Worship added that every point was gone into, and whatever might he said as to the verdict, it was the honest, conscientious opinion of the Bench.

Mr. Herdman : Will your Worship fix tho costs of appeal? His Worship said lie would fix tho matter with Mr. Herdman and Mr. Myers in Chambers. He would take the question as a notice of appeal. Captain McArthur dissented from somo of the findings. He held that the. master was justified in altering liis course. There was heavy rain at the time he altered his course from south-east by east to east by south, and he considered Captain Naylor Was guilty of a breach of tlio regulations (“prevention of collisions”) in not moderating the speed of liis vessel, although he did not think, taking the currents into account, this would have prevented the casualty. The cause of the casualty in his opinion was an exceptionally strong flood time setting the vessel out of her course. -He did not think tho casualty could have been reasonably prevented under the circumstances. The exceptional tide could not «have be'-ii reasonably anticipated. He did not think soundings would have been reliable, considering the vast differences in the depth of tho Straits at short distances. Soundings would have been of material use after getting to the vicinity of Pencarrow. THE INQUEST. VERDICT’ OF THE JURY. The following is the verdict of the jury concerning the Penguin disaster: 1. That Mrs. Brittain and others came to their death by the wreck of the Penguin. 2. That the course laid down by Captain Naylor would, under ordinary circumstances, have been perfectly safe, but was affected by adverse / winds and contrary tides and currents, and having lost his bearings through the tliicknes of the. weather, no lights being visible after 8.30 p.m.. At 10.2 p.m. tho Penguin struck upon some object, the exact locality of which has not been defined, and became a total .wreck. 3. That the conduct of Captain Naylor and the crew of the Penguin after the vessel struck was in all respects admirable. 4. That on the evidence submitted it is apparent all was done by the Union Steamship Company, the police,. Mr. and Mrs. McMenamin and their men for tho care of the dead and the welfare of the survivors that- could be done under the circumstances.

5. That having regard to the number of wrecks, in this vicinity and with ■a view to preventing the recurrence of such a deplorable disaster as the wreck of the Penguin, and consequent loss of life, the jury is of opinion that a light on Tongue Point is desirable, and that its erection should be considered favorably by the -Marine Department. _ ... 6. That the jury is of opinion that steps should bo taken speedily to locate tho hull of the Penguin.

THE RELIEF FUND.

MEETING OF COMMITTEE

A meeting in connection . with the Penguin Relief Fund was held to-day, the Mayor presiding. The total- in hand is £lO3l. This includes £IOO from the Huddart-Parker Company, but does not include any Government subsidy. One hundred pounds has been spent in relieving cases of urgent need. It -was decided to make no difference in the treatment of passengers and crew. An active canvass is to be made to augment the fund.