PENGUIN APPEAL CASE.

Gisborne Times, Volume XXVII, Issue 2496, 8 May 1909, Page 5

PENGUIN APPEAL CASE.

CAPTAIN NAYLOR IN FAULT

[Per Press Association.]

WELLINGTON, May 7.

Judgment was delivered this morning in the appeal brought by Captain Naylor against his suspension for 12 months in connection with the "wreck of the Penguin. Mr Justice Cooper stated that' he entirely agreed with the) finding of the assessors. Tho assessors considered that the vessel struck Tom’s Rock, or a rock in the vicinity' of Tom’s Rock. The suggestion made that tho Penguin might (have struck same submerged wreckage was inconsistent with the circumstances of the case on the. night of the wreck. The assessors did not think the tide was stronger than four knots. Captain Naylor’s course was a perfectly safe one, allowing for a two-knot current only. If a four-knot tide was running, at 10 p.m. the vessel would, at the speed she .was travelling, be clearly within the line of danger. The manner in which tho Penguin got into the vicinity of Tom Rock was thus explained. Captin Naylor, His Honor continued, was at fault in two respects. After running a distance of 14 miles from Tory Channel (knowing his patent log was useless) it was his duty to have been exceedingly careful, and ho failed ini this duty. At 9.45 he must have been in doubt as to his true position, but continued at full speed. The assessors considered Capt. Naylor guilty not'of a mere error of judgment alone, but of conduct amounting to wrongful default- in not putting out to sea some time before 10 o’clock. Captain Naylor’s conduct after the casualty was entirely free from blame. The Court added that the Marine Department gave all necessary information about thiA tides in Cook StraitNo order would be made as to costs.

His Honor pointed out that as under section 242 of the Shipping and Seamen’s Act the Government had.power to alter the period of suspension .or issue a mate’s certificate to Captain Naylor. The assessors desired him to say that while they had been compelled to find Captain Naylor in default, they regretted it the more because of the good character,, skill, and care which the captain had displayed in the past. Mr Herdman said. he understood in reference to what His Honor had said that it waA the practice in England to recommend the Board or Trade to alter the period of suspension . His Honor said there was no power to do so in New Zealand. He had no doubt, if the matter was referred to the assessors, they would give the Question their most favorable consideration.