THE PENGUIN WREGK.

Gisborne Times, Volume XXVII, Issue 2492, 4 May 1909, Page 5

THE PENGUIN WREGK.

CAPTAIN NAYLOR’S APPEAL

[Per Press’ Association.]

WELLINGTON, May 3

The appeal of Captain Naylor against the decision of the Nautical Court which enquired into the wreck of the steamer Penguin, was heard In the Supreme Court this afternoon, before His Honor Mr. Justice Cooper and Captains Grey and Luke (assessors). Mr. A. L. Herdman appeared for tmsPappellant, Mr. Myers for the Marine Department, and Mr. P. Levi for the Union S-S. Company. It will be remembered that the Court in its judgment suspended Captain Naylor’s certificate for a period of 12 months. The grounds of the appeal were: (1) That it was not proved that the casualty was due to or contributed to by the negligence of wrongful act or default of the said Francis Ldvm Navlor: (2) that it was not proved that, under the existing weather conuitions at any time after 9 p.m. on Friday, the 12th day of February, 1909, shelter should have been sought or the vessel’s head put out to sea instead oilier course being continued to - M Ellington ; (3) that it was not proved that the* said Francis Edwin Naylor, undei the existing circumstances, was gui y of a breach of Article 16 of the Articles for preventing collision at sea, (4) that it was not proved that undei the circumstances shown in the evidence the said Francis Edwin Najloi should have taken soundings; J) that there was no evidence to indicate where the vessel struck, and, in paiticular there was no. evidence to nidi cate tliat the Penguin did not strike IT unchartered rock or submerged wreckage; (6) that tliere was no evidence to warrant the Court sus pending or interfering in any way with the master’s certificate. . + At the outset it was arranged that the whole of the evidence taken beioie tho Nautical CourtVentaS the Court. After that Mr. Herdman would be given the right to call Hosli evidence, and address the Bench, the Grown iould call rebutting orudcnce u- ripaired and counsel could tnen addrei tho court. Mr. Herdman liav--I"llrhCD.'SGt A.’cooper (Eegistrar ot +1 (iourt) then read the evidence, Captain F. X. Viokonuau master of the steamer Kennedy, called b v Mr. Herdman p» said that* ho had often seen' wreckage floating in the. Straits ami if the Penguin had come in contact with such and struck a,gpot sizedspar.it might have cjusods* cient damago to cause her to toundvi. The hearing will he continued to morrow,