STAR OF CANADA CASE.

Gisborne Times, Volume XXXIII, Issue 3634, 21 September 1912, Page 8

STAR OF CANADA CASE.

SECOND DAY’S PBOCEEDINCS

FURTHER WITNESSES FOR THE PLAINTIFFS EXAMINED.

SOME INTERESTING EVIDENCE

Tfc<~- civil action, the Tyser Line, Limited, and Oaotain Mart v. 1 -he Gisborne Sheepfannors’ Frozen Meat Co., Ltd., was continued'at the Supreme Court yesterday, before His Honor Mr. Justice Chapman. The .-[aim was for £5824 and interest, bei/ig the amount of alleged overcharge for lighterage, storage, etc-, in concoction. with the cargo ol the s.-s Star iif Canada. , . , Mr. C. P. Skerrett. K.C. (with Cur: Mr. of Napier) appeared for the plaintiffs, and Sir John Findlay (with him Mr. G. Stock) for the ■ iefendants. Captain Plunket was recalled, and vxammed at length concerning his re•j>ort. The Tawera did not go and J md meat as far as he knew. Mr. Skerrett: The Tawera was out e.-io day. Sir John Finday pointed out that trie Tawera was both a tug and a lighter. Continuing, witness said that the r'nrcra stood by from July 3 to July i 1 in case of accident. He was of opinion that there was no danger. At no time u ere the salvage operations c.irrixl out under adverse eircumi.tanees. It was hard for the salvors hut not for the defendants. To Mr Skerrett: The whole crew •remained until July 3, but after this :i.bout fifteen of tin- crew remained on hoard. That included a staff sufficient pi run the refrigerating machinery. The crew who were receiving ordinary Home wages were not satisfied while the men who were engaged at Giskorno received 3s an hour and 4s an (sour overtime after July 10. The defendants were engaged in what might ho termed dry work, while the men ••n the sliip in the forward hatches were engaged in wet work. The grain ■was wet and offensive, hut none of this was discharged into defendants’ lighters. The men arrived by the first lighter and left by the last light-. • -r. There was never any complaint made hy the men concerning danger. After July 7 the defendants only took •largo —on July 20 when they loaded • asks to the Muritai. and on July 27 ■'lie Good Templar took some bullion. When the Terawhiti went alongside the vessel she had to he tendered off 'rom the Star of Canada. Her main duty was to pump, find when she came •alongside she was tendered off about 9ft in order to pump. iShe was made fast for’ard of the engine room. He went to the ship yesterday morning. • >nd he could see nothing of the rocks marked on defendants’ plan. The sea was not favorable for noticing submerged rocks, as there was no break, ’"file depth of water at the bow was 'Mft. and at the stern of3ft in the position she was shown on the defendants’ rdan. Mr Skerrett said he would prove xfiat the position nr the vessel as placed by defendants on their plan, was •wrong.

POSITION OF THE WRECK.

Captain Hart, recalled, said that lie defined the position of the wreck by taking bearings between the ship, Tuam-etu Island, the 'Waihora rock buoy and the Tomoana rock buoy. The ivesition given by him was correct. Mr. Skerrett suggested that Mr. • h-K>. Grant, tlie Harbormaster, and Gap bain Taylor should go out and define the position of the wreck. Sir John Findlay: I am agreeable tri tin.' proposal, provided that Mr. Grant is allowed to give his evidence hirst. Captain Hart, in reply to Sis John Findlay, said that lie' used a Lord Calvin compass and prismatic mirror T <> get the. position of the wreck. This p not a.s accurate as a theodolite in oho hands of a competent surveyor. •Ho took the .position of the buoys as given on the Admiralty chart," and they had been there seven or eight years. The accuracy of his calculations depended on whether they were •'til! in the same position. To Mr. Skerrett : He actually saw the buoys. His Honor: Could not the position :■<- checked hv the soundings? Witness: Yes. To Mr. .Skerrett: There .is no ronton to believe that the buoys are not ■is l>lotted on the Admiralty chart. Captain Rainey, Marine Superintendent of the Tyser Lina, Ltd., said that tor a great number of years he fluid been in charge of steamers trau"eg on tha Australian and Yew Zealand coasts. He was trading on this e-oast for about 4.V years. He had a complete knowledge of the Gisborne roadstead. At the time of the s trend- ' ng of the .Star of Canada he was in Gisborne and proceeded out to her the following morning. He left the wharf shortly after 8 o’clock and the winu yr.a.s fresh. lie boarded the ship ui. tiio weather side, and met Captain ‘Hart, who gave him all the information he could, and witness returned Tif > shore. The IT.S.S. Co.’s Mbkoia Hva-t morning took , shelter under Voung Nick's Keatl. ami the d'efeno-!-‘-ius’ Karoro. a steam lighter, went ait to hi‘i'. The Tuatoii took off the I'l'^issengors and perishable cargo, and ‘•"•he Mokoia pi'ccecdcd on her voyage. So lightering was dime on 11 1 is dav in •onnection with tb.e stranued ship. The cargo lightered by tin* defendants 'was dry cargo with the exception of *.(£> carcases. On his return to shore oil Juno 24 he went to the office of U'iiliams and Kettle, the Tyser Co.’s agents and Lloyd’s agents. After despatching telegrams he asked Mr. Foster to. ring up .Mr Cederwall to as-m-tain whether he would see him.

THE NEGOTIATIONS.

This wall Id be about 11 a.m. It was I;e:ore. 12 o’clock that Mr. Cederwall met- him in Mr. Foster's private office •ok: Mr. Foster was present throughout the interview. He asked deLwJantV manager if they had room u their stores to store tlio meat which the l.'.v-er Co. wished to lighter ‘'-t of No. 4 hold. Mr. Cederwall vv-l'e d the quantity, and witness gave • :• as 41.000 carcases of mutton and iamb. Mr. Cederwall then informed jLim they Lad ample space to accommodate it. Mr. Cedonvall said tliat “-bey could not undertake to do the fightoring of the meat at once as they had the Kumara due the following morning, and liad the Tainui due after the Ivumara’s departure and both were to load meat from the works. It was then arranged as the •weather was improving that they should arrange for diseliarge on the following morning. The insulated

barges for the frozen meat were expected to he available in four or five days. No mention of charges was made by tlie parties at this interview or at any period during the discharge of the cargo from the Star of Canada He was aware that the defendants had a. cartage plant, for general cartage, and a lighterage plant for general lighterage, and were the only lightermen hero. Thev lightered every vessel that came to'the port-, ing the Tyser liners. Only the pre\ ious dav to the disaster they took a load of wool out to the Star ot Canada. He made arrangements with Mr. Dewing, Nelson Bros, manager, on the same day to lighter the Star of Canada's meat. There was no arrangement made as to charges. Their lighters were so fitted that they would go under the bridges. They had no masts —no top hamper whatever—and thev would negotiate the river on the smallest possible draught. He discussed with Mr. Dewing the amount of space lie had in his works for x-fte storage of meat from the Star of Canada, and found there was plenty of room there. They had another alternative, the Star of India, on the Coast at the time. She could have arrived here on June 241. and a- a matter of fact she arrived here on the 29th. The original idea waste tranship direct from the Star of Canada to the Star of India', and the latter was brought here for the purpose, but tipis was not done. The first lighterage of meat was done hy Xel son Bros and they lightered in all 15,830 earcases of sheep and lamb. 1 hose were taken to the wharf immediately opposite the Gisborne Sheepfarmer*’ Frozen Meat C’o.’s works. In order u< hoist the meat from those lighters too defendants put one of their own lighters between the wharf and Nelson Bros barge, and they were paid by Nelson Bros.. The meat was carted from the wharf to the works, a distance %»» 100 feet. On June 29 the defendants sent out their first lighter and this would he after midday. Between June 25 and June 29 Nelson Bros, were lightering from the Star of Canada, but from the latter date to July. 7 the G.S.F.M. Co. end the lightering. He selected the times for lightering, hut he never got lighters when he wanted them. The plaintiffs wanted the largest lighters they could get. hut the defendants had two lighters trying to raise the Fearnought. Wit ness approached the marine superintendent on several occasions for these lighters, and at last.they floated the Fearnought, and then the lighters were sent to Hm Star of Canada. On Monday July I he .proceeded out to the Star of Canada at 8 a.m. and found the conditions were suitable for work alongside the steamer. Thev v,ere in constant communication with the steamer by Morse code, semaphore, and telephone. On his return he saw Captain Sewell, and asked him to send out lighters, hut he refused as lie said the weather was too bad. Later he saw Mr. Cederwull, and he promised to do liis best to get the lighters out. -Some time afterwards Captain Sewell rang him up and said he had seen Mr. Cederwall. but it was too bad to send them out. Witness subsequently interviewed Captain Sewell, and after bringing further pressure to bear the Tawera was sent, out. 'When they got out they found the conditions were ■sin’ll that they could lay alongside 1 , and could have gone out earlier in the day. Two of Nelson Bros, lighters worked the Star of Canada. Nelson Bros were/clearing their stock by the Star of T»>.^. ; ,a, with the exception of 'OOOO or 7000 carcases. The Gisborne iSheepfarmers’ Co. did not inconvenience themselves in allowing plaintiffs lighters. From June 25 to June 29 the general weather conditions were favorable for lighterage. At no time did the sea interfere with tlie work. On July 1 they could have started at 9 a.m. There was oir occasions a long ground swell between July 1 and 7. At one period, owing to the weather, they could not work the Star of India, though they could work the Star of Canada. Up to July 7 the lightering was done under conditions favorable to this oort.

ON THE LEE SIDE. 31 r. Skerrett: It has been suggested that there was not sufficient sea room between the vessel and the shore for lighters. What- have you to say to that? Witness: There was ample roc-m for the lighters. Continuing, witness said that there was no need for special precautions to take regarding the lines. The mooring lines used belonged to the Sfiar of Canada, and were in good condition. Mr. Skerrett : It is suggested that the stern lines were a danger and a menace to the lighters on the port side ?

Witness said that the anchors were buoyed but ho did not see then' was any danger. There wen* buoys off the breakwater which the lighters had to pass every night. There was no danger from them. .He did not think there was any danger arising regarding the anchor put out by the Terawhiti for 24 hours. Craft- frequently went round the Star of Canada. There were never any ®omplaint- nimdo to .him by the defendants regarding danger to the lighters. The -Star of Canada was well lit tip when she first went ashore and there was also a good moon. The Muritai was here between July 23 and 29. After July 7 all that remained in the Star of Canada was soiin* casks, grain and bullion, which subsequently went direct to the Muritai. The crew were taken on the ship about July 3. During the whole period the engine room staff and others remained on the ship, and there was no great risk attached to this. There was no one in charge of the general lighterage. On July A he received from his Napier agents a communication from the London office asking for an approximate estimate of the charges to date, and In* obtained this and forwarded it to Napier on .July 7. Captain Taylor came on the scene about July 5. Witness was not further concerned directly with further charges. 'flic draught of the lighters would bo between oft and Oft.

SOME INTERESTING FIGURES.

Sir John Findlay was proceeding to examine the witness on the value of the ship and cargo when Mr. Skerertt put in the following statement; —Insured value of hull, £80,000; machinery, £15,000; value of cargo on board at time of casualty, £108,30!); value of cargo lightered by defendants, £‘71,400j. by others, £23,237; value of cargo lost or .jettisoned, £13,603 —'£108.300 ; value, of cargo, stored by defendants, £47,531 ; by others .£'38,926; lost or jettisoned £13,663; not stored hut lightered direct to Home steamer, £B,IB0 —£10S, 300. Value of cargo carted by defendants, *£42,626: by others £9210; not carted, but lightered direct to Horse steamer, £8180: casks and meat not carted £34,621. Continuing, witness said the stearic or was as valuable as the insurance, and the insurers would nave to boar the loss. He could not give the tetri

insurance on the cargo. The Southland Frozen Moat Co. and Nelson Bros owned the frozen meat. To Sir John Findlay: They had to got the meat out of the vessel before idio could go into dry dock, also to despatch it to its destination, and to •lighten the vessel in order to save it. Tlie position was not considered perilous at the start. Perhaps they made a mistake in lightering the cargo out of that ship. To givg. her a chance to float off they had to lighten her as soon as possible, and his desire was to get the work done as quickly as possible. He did not know that Nelson Bros could not store tlie meat from the Star of Canada.

Continuing, Captain II ain oy said that he did not remember seeing Mr Dewing .before interviewing Mr. Ccderwall. The capacity of Nelson Bros, storage was 72,000 sheep, and there were 32,000 freight sheep in them when lie saw Mr. Dewing. * The iStar of Canada took 22,0000 r 23,000, and the Muritai loaded about 11,000, and the Star of Scotland took 7,000. They were still killing, which brought the total up to about 40,000. II they had only had that capacity they could not have taken the meat (torn the Star of Canada. Nelson Bros.’ lighters were not. altogether suitable f"V the w ori\. as they had no dernck. cut this e.m d easily be overcome. The mint could net be brought down from Nelson Bros, hy defendants’ lighters. He w is quite aware the lighters hail No lie used for other vessels. Tlie defendants’ was the only lighterage plant in the Bay fitted for the handling of general cargo. He did rot take exception to the meat being carted for defendants. AC witness’s urgent request the defendants gave up the work of raising the Fearnought, and allowed plaintiffs tlio lighters. The morning of July 1 was fit to lighter the Star of Canada. Before 8 o’clock the conditions were •against lightering. The Tawera went out at 3 p.m. Sir John Findlay: Me say 1 o ciocm.

Continuing, witness .said that June 30 was too bad for lightering, but on the previous day the conditions were favorable. Normal conditions prevailed for lightering between June 25 and July 7. with the exceptions that he mentioned. The average barge was 40ft. and the average tug -GOft, and the tug rope from 50ft to 100 ft. If there he rocks at 3ft 'Gin below low water within 100 ft of the vessel, would they constitute a danger even though they were unchartered ? Witness; No.

Witness, continuing, said that he might have told the master of one of the vessels to stop his propellers when he was going over the lines from the Terawhiti He asked Mr. Ccderwall °n July 3 for an approximate statement- of the charges, and lie received it and understood it. He never said anything about the cost until some time later.

THE CARCASES SALVED.

Sir John Findlay: You got their charges and knew they were going on with tlie lightering work f You saw Mr Cederwull and never told him you thought the charges wore too high? Witness: No. Sir John J’indlay: r l he carcases salved up to July 2 were 29,945 eareases of mutton and lamb besides 4523 cases of kidneys. From July 3 on the carcases salved were 7,390 of mutton and lamb and 037 quarters of beef.

M itn-ess: I know about the hoof but not the other figures. Continuing, witness said he arranged with defendants to do the work, and lie represented the interests of all parties concerned in sliip and cargo. All the negotiations were submitted to his principals. ■Sir John Findlay: How long after the account was rendered to you did you dispute it. Mr Skerrett: July lo or 17. Proceeding, witness said that hy that time all the cargo had been got out. He was in a position to see Mr Ccderwall at any time. To Mr. Skerrett: The carcases in store in Nelson Bros.’works numbered 32,000, and 22,000 or 23,000 were shipped to the Star of India on or before July 5, so that there would only he about 12.000 in store. When speaking the safety of the sea room between the Star of Canada and the shore he was speaking from his own knowledge and the Admiralty chart. They took soundings for anyone approaching the ship. Captain Tavlor took some soundings yesterday. 'Hip length of tug and lighter had nothing to do with the navigation of this particular channel near the ship. There was ample room for these vessels Richardson and Co.’s lighters at Napier were self-driven, and the expense of bringing them up hero would not have been very great. They would have had to pay them also lit -6s or 7s a ton for bringing the cargo from the iStar of Canada to the wharf. There were some negotiations opened up. lo Sir John Findlay: Everything was .submitted to liis principals, hut he took authority on himself to engage the defendants.

the tuatea’s experience.

Captain Hawkes, master of the Tuatea. said her length was about 100 teet. She drew 7 feet on an Uvoragm He had taken the Tuatea alongside tiie Star of Canada, and lie fir st went out on June 25 to run an anchor out. 'l‘lie weather was fine and the water was smooth with a very light southerly roll. He went along on the port side. IHc had been out several times since anti he had no trouble iii going alongside her. There was ample water alongside. He went round the Star of Canada when returning from tendering the coastal steamers. He went under the stern round the port side and round the how. He would be about 50 feet from the Star of Canada. He had been alongside the Terawhiti when she was alongside the Star of Canada, hut only on the port side. To Sir John Findlay: The draught of the Tuatea fully loaded was 9 feet. He would like to have a margin of 3 feet in a southerly swell between the bottom of his vessel and the ton of a submerged pinnacle rock. Sir John Findlay: The Tuatea, according to the Australia register, was 90 feet and the draught 7ft Gin? Witness said his vessel was about 95ft over all. He had known all along that there was an uncharted rock on the port side of the Star of Canada. There was a risk for a vessel of the Tuatea's draught at low water going over.* He had only known it was there since the Star of Canada went ashore.. He did not go round till soundings were taken, and this was so a.s to be sure of his ground. He never went round the Star of Canada after dark or was never, near her in rough weather. The Mini was the first to go round and she drew something like 3ft. I

To Sir John Findlay: On no occasion when the vessel was going round the Star of Canada did the Tuatea touch. The. Terawhiti 1 touched when lifting anchors.