THE WRECK OF THE PENGUIN.

Ashburton Guardian, Volume XXIX, Issue 7734, 2 March 1909, Page 3

THE WRECK OF THE PENGUIN.

THE VERDICT OF THE JURY. A MINORITY JUDGMENT.

. Captain MeArthur dissented from come of the findings. He held that the master was justified m altering his course. There was heavy rain at the time he altered his course from S.E. by E. to E. by S. He considered that Captain Naylor was guilty of a breach of the regulations for the prevention of collisions m not moderating the speed of his vessel, although he did not think, taking the currents into account, that moderating the speed would have prevented the casualty. The cause of the casualty, m his opinion, was an exception ally strong flood tide, setting the vessel outi of her course. He did not think the casualty could have been reasonably prevented under the circumstances. The exceptional tide could not have been reasonably anticipated, and he did not thiiik soundings Avould have been reliable, considering the vast difference m tne depth of the Straits at short distances Soundings would have been of material use after getting to the vicinity ot Pencarrow.