THE STEAMER COLLISION.

»■ ■ PROCEEDINGS AGAINST TOE CAPTAINS. At tbo Resident Magistrate's Court this morning the following cases arising nut of the recent collision between the YVaihi and Mohaka were heard by Mr Allen, K.M.:Thomas Eckford, master of the steamBhip Mohaks, was charged on the information of Win. James Ilawley, Officer m the Customs, as follows :— That he did not when leaving, on the 18th November, a certain harbor after dark, to wit the Opawa River m tho Port of Wairau, m the said steamship, soaud the steam whistle frequently, contrary to section 32 of the General Harbor I'egulations of the sth June, 18S3. Mr Sinclair appeared for the prosecution ; Mr MoNab defended Captain Eckford, who pleaded not gnilty. Mr W. J. Hawley represented the Customs. The Regulations and the Gazette defining the Port of Wairau were put m evidence. Mr McNab said the parties were agreed about the facts, but the defenco would be that the steamer was not leaving the Port of Wairau, and that all that was reqnired was whistling at the bar. Mr Sinclair said that he should contend that Captain Eckfovd was legally bonnd to blow the whiatlo m any part of tho Harbor' west of the line drawn north from White Bluffs to Robertson's point, as defined m the Gazette. Mr McNab would not dispute that tho Opawa river was within tho port of thn Wairau. Ciptiin Eckford was pnt m thn box, and said that he left tho wharf at a quarter past 1 m tho morning, and had proceeded G or 7 miles when tho collision took place. lie did not blow his whiatla till he saw the W.iihi. By Mr McNab : Wo novor blow it until within hail of the Pilot Station. This is onv practice both going ont and coming m across tho bar. Mr Allen askod thn witness whether the Opawa was a navigablo river as kid down by the Act ? Mir Sinclair said it must be navigable, or the steamers wonld not have been there. Mr McNab doubted if it could bo called navigable, considering the obstructions the liivor Board permitted to romain m it. Captain Eckford said that the Opawa was " a navigablo river under difficulties." Mr McNab submitted that the Regulation about sounding the whistle when entering or leaving after dark did not apply. It would have been light by the time the Mohala made its exit, and the proper place to whistle was when leaving the river, and when outside the bar on coming m. The Regulation must be construed strictly ti3 it was an information for a penalty, and the charge must be dismissed. The question was not what ought to be the law for river navigation, but what was the strict meaning of the Regulation m question. A Btcamer was only bonnd to whistle at the exact time of entering and leaving, and at no other time. No doubt the steamer wonld have whistled on nearing the bar had she not been Eonk. Mr Sinclair admitted that the Regulation was not so explicit as it might be, but contended that leaving the port extended from the moment the steamer left the wharf and all the time it was proceeding down the river. That was the view he was inslruoted by the authorities to submit to the Court, and lie would add that nothing but a nominal penalty waß asked for. Mr MoNub said he did not ask the Coutt to take an imaginary line out at Cloudy Hay as the pi ice where steamers must whittle, but he contended that it waß sufficient to blow it at the bar, If there waß any doubt tbo defendant wan entitled to the benefit of it. Mr MoNab also pointed out that at Wellington steamers were absolutely prohibited from whistling m port. Mr Sinclair said that might be because there was so moch wind at Welliogton j that the whistle could not be heard. He added that no pennlty would be pressed for, as no donbt Captain Eckford had already sustained Bevero loss. Mr Allen could not take Mr M'Nab's view of the Regulations, and held that the spirit of them required that the whistle should be blowu at all bends and dangerous places iv tho liver. Captain Eckford was recalled, and m reply to the Bench said that he did not whistle nntil the steameia met m the bend, but that after seeing each other the collision, could not be avoided. Mr Allen Mood the defendant 40s, with 7s cr.sts, remarking that manners must abide by tho Regulations. Mr M'Nab gave notice of appeal upon the legal point. A similar charge apainst Captain Manning, of the Waihi, for not blowing the wbistlo on entering, wns adjourned until Tuesday, Ist December, at 10 o'clock, on the application of Mr MoNab, win) said that Ihfl defendant was away, nuil wished to bring expert evidence from Wellington. There was also an information iigninst Walter Manning, Mntiter of the steamship Wailii, That lie did not curry aud exhibit on tho' seagoing steamßhip Waihi, the lights required to be carried and exhibited hy the Regulations dated the 11th day of Angust, 1881, made by an order iv Council m pursuance of "The Merchant Shipping Act Amendment Act, 18C2,,' Thia case waa alao adjonrned until Tuenday next. I It was stated that the prosecution for not sounding tho whistle was tho tirat of the kind m the Colony.