THE PENGUIN INQUIRY.

Auckland Star, Volume XII, Issue 3526, 24 November 1881, Page 2

THE PENGUIN INQUIRY.

(BY TELEGRAPH—PRESS ASSOCIATION.)

WELLINGTON1, Wednesday. Thomas Popham.crose-examlaed by Mr Sbaw, deposed : I should not be surprised to hear that Captain Malcolm had not had his clothes off for _8 tour- prior tdthe casualty. We wore going ut 11 knots when I called tho master, drat time, and the ebb tide was running, I should say, a knot per hour. It waa dark, but not a dull night. 1 did not observe any break on the reef, out there might havo been one. I oould form no idea as to how far the beacon was from the bow of the vessel when the first order to starboard WTo'the e ßench: The vesse_ shifted her head 2. points, in obedience to tha seoond order to starTo Mr Shaw: I consider Captain Maloolm a steady, careful, and attentive offloer. To Mr Bell: The Penguin lay In Lyttelton all night on tho Tuesday prior to the acoldont, and the officers could have slept all that night had they liked. Tha oaptain- of tho Union boats have nothing to do with the ships when in port. Uoorgft Crawshaw, seoond officer of the Pen : guln, deposed: I assumed ohargo of the ship at C o'clook on Thursday night. I noticed nothing unusual about the captain at tea time. I went below to my room when relieved, and remained there till the Bhip struok. I heard no order civen when she struck. I came out of my room. At no time, either on Thursday or on the evening of tho day bsfore or after the ship struck, did I notice anything unusual or remarkable about Captain Maloolm. Matthew James, A.B. on board the Penguin, rieposed: I had the wheel from 8 o clock on Thursday night. Wo had left Blind Bay, and I alone had the wheel. I steered by the land and received my orders from Mr Popham. me oourse I steered was the usual one. I don t know whon the oaptain came on the bridge, but I recollect receiving an order through Mr Popham to starboard the helm from the captain. I was told to steady. I obeyed, and some time afterwards the oaptain song out starboard, and I obeyed. I did not see the beacon.as I did not look for it. I was joined by tho other man before the second order to starboard was given. Perhaps from four to Aye minutes elapsed between the two orders. The vessel struck very soon after tho second order was To the Bench: Four or five minutes elapsed between the two orders. I heard the mate ask tho captain If he saw the beacon. I then saw a light on the starboard bow. Just about then I received the order to starboard. This order I obeyed, and almost direotly afterwards the ship struok. I saw an open passage ahead of me. To Mr Shaw: Tho night was dark. The binnacle light was right in front of me, and I could not look at the land without looking at the compass, , , Kobert MoNair, A.8., who was also at the whoel when tho vessel struok, gave corroborative ovidonoe. ~ „ J. M. Alexander, a solicitor practising at Auckland, gave evidence to the effect that the captain appeared to be sober. There was no confusion when the vessel struok, nor did there appear to be any want of dißOipllne. the ohief officer was reoalled, and deposed that it it had boen kept hard a starboard, the vessel would have gone broadside on to the reef. . , _ Captain James Malcolm, master of the Pengnin, deposnd: I left the ship in charge of the socond officer, at 6,30. I gave tbo ordinary orders to be called if anything unusual occurred. 1 resumed charge when near the Pass, I waa called bofore reaohlng the Pass, but could not say whether I was called twice, I was smoking, and very likely I might have fone to Bleep on tho f kylight. I could not Bee the beacon when I starboarded, and then I gave the order to steady. I waß perfectly satisfied with the position of tho ship when I gave that order. When I found tho beaoon I thought the best chance was to go through the swash ways, and so gave tho order with the view to go through. I considered she was going all right, I did not stop the engines, it was too late. She would probably have gono broadside on to the reef- Xhe tide would be about the last quarter ebb, running over the reef at tho time at 3or 3} knots an hour. The vessel struck at 8.25. I fully expected to got her off next tide. Thoro was no wind or sea. She oame oif unexpectedly. I believe if I had come on the bridge when the chief officer called mo flrat It would probably have been all right, To Mr Shaw: For 22 years I have been in command of steamers trading tn Now Zealand waters. I expected to see the beacon on the port bow, but did not see It. The orders to starboard and steady were given with the view to picking up the beacon on the rport bow. When dm I saw the beacon on the starboard I did not seem to be SO yards from it. The vessel waa going at 13J knots with a current. I knew there was enough water to float the ship, although it was ratbor narrow. I was not awaro of my order being reversed by tho chief officer. The Bench : We think from the evidenoe that Captain Malcolm was guilty of a wrongful act and default for not coming to take charge of the ship when first called on, and giving the wrong orders when In charge. Mr Edward here applied for an adjournment, which being refused he proceeded to oross-ex-amino Captain Malcolm at great length. Captain Kalrchild gave evidence to the effect that the channel through which tho Penguin went Is not a safe one. Putting the helm a-port in tbe poaition tbe vessel was in, was doing tho best thing that oould have happened. Witness bad beon through the passage in a whale-boat, when tho oars touched tho rocks on each side. The mussels must have saved the Penguin; tbey He an inch and a half thick, and form a soft bed.

Captain Anderson, of the Wanaka, gave similar evidence. The beacon was of little or no use.

Captain Malcolm, recalled, said: If there 1b any blame in this matter, I take it myself. I havo always four.d Mr Popham a treaty and efficient officer. Ido n&t think the casualty was caused by his altering the course. The Bench having again refused an apSlic&tion for adjournment, Mr Shaw adressod the Benoh on behalf of the Captain. He admitted that he had been guilty of a mistake. For that mistake the Court might censure him viva voce, for he (Mr Shawl did not mean to contend that any mistake was justifiable in the abstract, though there was some excuse tor it in this instance.

The Court, in giving judgment, said: Mr Popham took a serious responsibility upon himself In porting when ordered to etarboard.but under the clrcumtances we cannot say it waa unjustified. We think, however, that be should have ascertained the bearings and position of the ship when on shore, which would have thrown more light on this inquiry. We think that the caiue of the stranding of the B.s. Penguin was that when the ship was in the fairway tho captain took charge of the ship from the chief officer, and some Blx or seven minutes afterwards ordered the holm to be starboarded, thus bringing her into danger from wbioh she could not be extricated. So far as tbe evldenoe goes there is nothing to justify ns in saying that this was notau error of judgment in estimating the distance of the land, or that it was a wrongful act or fault within the meaning of clause 241, but wo think he should have on a dark night approached such a dangerous navigation at half speed, and he should, have given Instructions to bo called earlier than it was his practice to be called, w c return his certificate, but we consider him worthy of the gravest censure short of suspension. Captain Malcolm was ordered to pay the nautical assessor's costs, amounting to £3 3s. This concluded the proceedings.