THE KAPANUI-CLAYMORE COLLISION.

Auckland Star, Volume XXXVII, Issue 35, 9 February 1906, Page 5

THE KAPANUI-CLAYMORE COLLISION.

CAPTAIN SOXjTHGATE IN THE SUPREME COURT. CHARGE OF MANSLAUGHTER. William James Southgate, captain of the steamer Kapanui when the disastrous collision occurred between his vessel and the steamer Claymore on the night of December 23 in Auckland .Harbour, was indicted before Mr Justice Edwards in the Supreme Court / this morning op. a charge of manslaughter by killing three of the Kapanui's passengers. The Hon. J. A. Tole (Crown Solicitor) prosecuted, and Mr J. C. Martin defended the accused. The jury empanelled to hear the case comprised Messrs Samruel Carey Brown (foreman), David 'B. Gilfillan, Charles Couch, Joseph .Burroughs, Henry Blakey, George Alfred 3 Buttle, Arthur P. Bowring, William C. Macklow, Thomas H. Brown, Arthur Edward Davies, Walter Purdy and Richard Walker. DEFINITION OF MANSLAUGHTER. The Crown Prosecutor, in opening the case, said that six persons' were drowned through the collision, but as three bodies had been recovered, only three names were placed on' the indictment. Learned counsel pointed out that a charge of manslaughter did not mean j that Captain Southgate was guilty of j intentionally causing the death of those j persons; far from it. Intentionally causing death meant murder. In connection with the collision's the Crown would allege that there was :a culpability on I the prisoners part, though not of a . deliberate kind, which rendered him j responsible for the death of those persons and liable to puaishment, light or otherwise, which, the judge,, , subject to the jury's recommendation,' would inflict. The English law did not define or specify any special degree of; culpability. It might be any degree of fault or blame or neglect on the part off the accused, from the smallest degree up to the highest short of murder. In the present case the Crown alleged that the accused's improper navigati6n of his boat, the infringement of certain regulations laid down for the prevention of collisions, and his disregard of seamanlike conduct and prudence were the cause of the collision. The circumstances of the collision would not; he understood, be disputed. It was ; admitted that the port light, of the Kapanui was out at the time of the collision, and the seriousness of that fact could not be overlooked. There could be no error of judgment on the part of anybody in command of a vessel, or in charge of machinery where there were distinct rules which governed the navigation of the ship or tLe management of the machinery. A breach of the regu;ations was not an error of judgment, but was a | breach of the law. Where under strain of cireumptances, with everything in order, a captain did something which i was not clear to Ms mind at the moment and took a wrong- course, then the'plea of error of jndgment- might come in. lie submitted that the prisoner did wrong iq turning in behind ■, the steamer Gael, which was going out, and thus coming across the bow of the Claymore. ■ Formal matters would be ladmitted by the 'accused's counsel, thus leaving tlie atmosphere clear for ' consideration of the one a-nd only point, whether the collision was chiefly caused through ,the culpable neglect of the' accused! ,Mr Tole pointed out that if the persons killed had flung themselves overhoard in the desire to save their livese after j the collision, though they might fhave been saved by holding to the steamer, the accused would be liable for .'manslaughter if he was held responsible for the collision. - Captain Southgate pleaded not guilty to the indictment, and evidence was then called. THE EVIDENCE, James Mewitt, captain of the . Claymore, detailed the courses of bis vessel and the Kapanui prior to the collision. He went on to say uhat when he saw the faint outline of the latter's hull crossing his bows he instantly signalled to reverse the Claymore's engines, and simultaneously blew three blasts on; the whistle, indicating "I am going astern." In eight seconds the engines were moving astern, and witness put his / helm hard to port. For a few seconds he believed there was a chance of clearing the Kapanui, but the Claymore, struck the latter nearly square on, towards the stern. The Kapanui sank in less than five minutes. An hour afterwards witness went into the Claymore's' saloon, where Captain Southgate was lying, and was voluntarily toli by the latter- that the Kapanui's port light went out at the North Head. He (Captain Southgate) /sent a man to trim the lamp, but it had not been returned at the time >of the collision. Mr Tole: Without his red light, what should have been his proper course? Witness: If he had kept his green light open to mc, and held his course, he would have cleared mc. To Mr Martin: There were no harbour regulations dealing with the courses which vessels should take, and his opinion was that the 1 harbour could not be regarded as, a narrow channeL (Proceeding.)

The Auckland Cremation Society held a meeting yesterday, and decided to circularise the members of Parliament and the local bodies in and around Auckland on tlie subject of cremation- Members were urged to increase the rolls as much as possible, and to aim at inducing the City Council to undertake the erection of a crematorium for public use. It was stated that the Health Officers all considered that crematoriums should b© established in the principal cities of the colony, and the support of the Government in the way of subsidies to any municipal attempt for" the establishing of a crematorium might be expect?d in consequence. The societies in the other three centres were using their influence to get a promise of a £ for £ subsidy made for such municipalities as took it up. The "Northern Luminary" briefly rej cords that while some small boys, on Thursday last, were playing on the line, near the Kawakawa railway weighbridge, the second son of Mr Perkins, schoolmaster, was crushed by a moving empty truck, which broke one of his riba. Bishop Neligan went to the Wa'Jkato to-day on a Home Mission tour o* that locality for a week. On February 1 he goes to the King Country with the Rev. S. Spencer, the Home Missionary in. charge, and returns eaxly in March. The Princess Ena of .Battenberg (betrothed to King Alphonao) and her mother, Princess Beatrice, have armed in Paris from their Twit to Biarritz and Spain.