THE KIA ORA WRECK.

Auckland Star, Volume XXXVIII, Issue 162, 9 July 1907, Page 6

THE KIA ORA WRECK.

THE SESOMED.

(Continued from page three.)

Tiia nautical enquiry into, tlie wreck of the 5.3. Kia Ora was resumed this Tvwirni-npr Ghaa. Hugh Stott, acting agent for the Northern S. S. Company at Waitara, was first examined. This was th& twenty-sixth witness called, and of the first twenty-five, nine had been recalled, some tkree times. The witness stated that the Kia Ora came in. at 10 a_m., and he saw Captain Btacklock at intervals through the day. He had tea. on, the ship with Captain Bla-cklock, the mate and the other officers. At a-quarte r to seven, de Wolfe went to the office to sign his papers, and complained of suffering from influenza and was apparently very bad indeed. Not having sufficient silver to pay the labourers, witness went to the hotel to get some silver. Hβ had seen de WoMe every quarter of an hour or so up to this time, and he had •been engaged on his duties the whole time. Up till this time de Wolfe had no opportunity, as far as witness could see. of going to the hotel. He noticed no sign of drink on de Wolfe. When going to tho hotel for change, be asked de Wolfe to accompany him, and they had one drink, de Wolfe taking rum. They were in the hotel about five minutes and then returned to his office. Witness paid the labourers and walked with de Wolfe over to the ship at about 7 o'clock. De Wolfe said that he was going to bed and went to his cabin. He saw Captain Blacklock, who, in reply to a question as to what he thought of the weather, said that it was very thick and he might not sail that night. He came to witness's office again at about eight o'clock with Baggtom and said that he had made up his mind to go At M-clntosh's invitation, the captain and Baggtom went over the hotel. Witness went over to the hotel just before the boat sailed. Mr. Earl: It has been asserted that at that time de Wolfe was there drinking with the captain. Is that a mistage? —An entire mistake, de Wolfe was not, to the best of my knowledge, in the hotel at all. I went into all the public rooms to see if any passengeTs were there, and to notify them. He had never seen the Captain and de Wolfe drinking together. They all went down to the ship a little after 9, and saw de Wolfe there. He showed not the slightest sign of intoxication. When the boat was leaving, de Wolfe bade witness good-bye, and asked him to look after the headline. He carried out his duties efficiently, and there was nothing unusual about his conduct. He had had considerable experience of Captain Blacklock a finer man he never met. Mr. Earl: Was he the class of man to put his vessel in charge of an officer under intoxication?— Certainly not, he was always most careful. Continuing, witness said thai the night was so thick that the steamer Xa-inui could not in. Mr. Kettle: It is overwhelmingly es:ahlished that the weather wus truck. Mr. Earl: But it has been said by passengers that the night was clear and they could see the land. Sir. Mays: That was at the time she struck? Mr. Kettle: The evidence shows that it became thicker at times with, passing showers just as we have had here in the last day or two. Mr. McGregor: There was not the efighest sign of intoxication about the captain?—N&. .t the slightest. Mr. Kettle: Th-at is not suggested. Mr. Earl: What was the trouDie about a cheque with (Javanagh? —He came tc mc very excitedly, and said that he had given de Wolfe a cheque tor £58 for hia passage, de Wolfe couid not change it. nor could the storekeeper, and it was subsequently changed by the hotelkeeper. Cavanagn declared tnat he had been robbed of £3 between de Wolie and the hotelkeeper, and that he would make it hot for them. I told the captain, and we went to the hotelkeeper, who produced his books and cash register, which tallied exactly with the change he should have given Oavanagh. I told Ca-vanagh that he must have lost it himself, and he said that he would make it hot for the hotelkeeper, and went away. To Mr. Mays: The hotel was 300 yards from the steamer. It was possible, but not likely, that de ..olfe could have gone up to the hotel without witness seeing him Co you think that a man who had been working cargo all day, and was suffering from influenza, was fit to take his- watch on a dirty night ?—I should say so. How long hare you known de Wolfe? —For 20 years. Was he temperate?—l don't know what you'd call a temperate man. Was he a moderate drinker, or did •he drink to excess-?— Say, a moderate drinker. Mr. Kettle: We won't say anything; it is a question of what you swear.—lie ■was a moderate drinker. Mr. Mays: You have Known de Wolfe 20 years; what was his reputation during that time? Mr. Earl: I object entirely to going back over a man's past history for 20 years. He may have been drunk dozens of times in the last twelve months. Mr. Kettle: If he was, we should know it. Mr. 'Karl; If you go back twe are months I dont mind, but to go back 20 years is ridiculous, and is transgressing all bounds. Mr. Kettle: It is a long time. Have you seen him under tiie influence of liquor for the last 12 months or two years?— Well, he has only been back on the trade during the last seven months. During that tune I have not seen him intoxicated or under the influence of liquor. When did you last see form under the influence of liquor - ?— Seven or eight years ago; not since. Mr. Mays: Do you know any reason why these eight passengers say that de Wolfe was under the influence of liqnor? —Most of them did not know it. How bad was de Wolfe with influenza? —His face was swollen, his eyes were running, and his voice was hoarse. He -would have been better in bed? I think so. Witness had never seen liquor taken from the ship's bar while alongside the wharf. THE DOCTOR'S STATEMENT. Dr. Wylie, who went tip with the Rarawa, then arrived from New Plymouth, to give his evidence. Before he was sworn, three of the passengers were called in with reference to previous statements with regard to the doctor. The first of these was Partridge, who was asked by Mr Kettle: Do you wish to make any complaint against the doctor who came down by the Earawa?—Only that he did nothing for mc. Did you ask him to do anything? I told him where I was sore, and where I had pains—.the sjtioalders, neck, xLba,

■VEere you in bedj—No, fully dressed; I.had just come in from the beach. What did he do?—He pulled up my ■trousers, and asked mc who set ifc He "■said, "Oh, it -will be all right." Did he examine you elsewhere?—No, it was fixed up by Dr. Harrison ac Eltham, who removed the plaster, felt it, and bandaged it up again. He found that it was bandaged in the wrong place, having been treated for a break in the small bone, whereas it was the larga bone that was broken. Witness iurUier stated that two of his ribs were broken, and there was a bad bruise on the shoulder, the bone being knocked into the neck. Do you complain about him not examining you?— Yes. Mr jiays: How long was Dr. Wylie with you?— Not a minute. Dr. Wylie: Are you sure that I spent only a minute with you?—lt might have been a little more. Do you remember mc coming back a second time?— You did not examine mc. Did I not bandage your leg?— You pulled up my trousers and looked at it. It was bound up with my shirt and you could'not see it. Cavanagh was then asked if he had any complaint, his reply being: "Only that I drew his attention to my wife's condition, and asked him to see her. He said she would be all right. She was dressed, and lying down, in the bedroom. The second time witness saw the doctor he again referred to his wife's condition, and told him that she complained of pains. He asked if there was any sign of hemorrhage, and he said, 'Let her keep quiet, she will be all right.'" Mr Kettle Do you swear that he did not see your, wife?—He did not accompany mc. May he have seen her?—He may. Were you there all the time?—No, I was away for ten minutes. And you don't know what was done while you were away?— No. You had no conversation with her about it?—Xo.

Even now you don't know whether he saw your wife?— No. Mr Earl: In his evidence he said, "I asked him to see my wife but he never did."

Mr Kettle: Do you qualify that by saying that he might have seen her while you were away?— Yes. Mr Mays: But your wile did not tell you he had?— No. Dr. Wylie: Has anything happened to your wile since?—No, but she has been bad all the same. Were you standing by your wife's side in Lhe corner of the dining-room when 1 interviewed her?— No. Mr Kettle: Do you swear you were not present? —I will. Do you believe he did not see her? — I do.

Mclntosh, who was next asked, said that Dr. Wylie had seen bis wife, and told her that he would see her again, but he did not do so, according to what his wife told him. David S. Wylie, medical practitioner, New Plymouth, said that at the request of the Northern Company, he went to the scene of the wreck. He had a rough experience getting ashore, getting wet to the middle, while his bag of drugs, bandages, etc, was half full of seawater, everything being in an indescribable mess. He went up to the house, and saw Partridge- He examined the leg, and found that for a fractured leg first aid had been well and intelligently applied. The man who set liie leg explained whan he had done, arid witness remarked that Partridge was lucky to have someone there to do the thing so well- He made a thorough examination but did not move the splinting. He examined the bones, however, to see that everything was in position, and were likely to remain so. This being the case, he did not disturb the splinting, nothing being gained by Eo doing, as he had nothing better to substitute for the temporary splints. Partridge described how the accident happened, and said that the leg \va3 feeling comfortable, and that the pain that he had was in his back and neck, ■where he had been bruised by his fall. He did not complain of any symptoms that would lead one to suppose his ribs were broken; and, thinkiiig that the pains, which he said were not severe, were due merely to general bruising, he did nothing further at the time, but went back later on to inquire as to how he felt then. He applied a bandage to the splints already on the leg, most certainly not outside the trousers. He said his leg felt very comfortable, and that ■was all witness saw of him. Under the circumstances there was nothing more he could have done. If he had complained of pain in the ribs or in breathing, witness would have examined the ribs, but he made no such complaint. The manner in which the limb was set would have done equally well for the big bone or the small bone. Mr. Kettle. We may, say I suppose, that you did your best? —Yes, with the time at my disposal, and with the material at my disposal. Cavanagh came to mc and told mc his wife's condition, ana asked if she would come to any harm. I said it would be impossible for mc to tell without seeing her. He went away, and. while he was away I examined' the arms of two of the seamen. He then came back and asked mc to go with him to see his wife. This I did, going with him to see his wife, who was standing up in a corner of the dining-room. Cavanagh stood by her side during my conversation with her. I asked her for any symptoms which she might have felt. She said she had some abdominal pains, which had since passed off, and had no other symptoms which warranted her examination. I told them that I did not think that anything untoward was likely to happen, but advised her ta rest herself and keep quiet. I did not see her again.

Mr. Clayton: There is no doubt that the Cavanagh you refer to is the one who stood in the witness-box just now? —No doubt; and I can swear that he stood by his wife while I questioned her, Eegarding Mrs. Mclntosh, I was told that there was a woman in the inner roam in a faint. I found Mrs. Mclntosh standing on the floor, dressing. She said she was feeling better. I said, " Wlen you are dressed, let mc know,

and I will examine you," but I heard nothing further. Just before I left the hut I went back into the room to see her, and found the room °rapty, and was told that she did not wish to see a doctor, but was sitting by the fireplace. Then the mate came along and said that all were to hurry back to the Barawa. I was ashore half to three-quarters of an hour. And did what you thought was best for them under the circumstances ?— Yes.

Mr Kettle (to Partridge): Hare you any questions to ask the doctor?— Well, I thought he might have examined my leg and shoulder. After hearing his evidence and explanation, are you satisfied?— Yes, your Honor. "Well, that is very satisfactory. The doctor came fcam New Hyjnouth, and &fS giro* fee gx^brtsstkai..,

You think he did all that was necessary?— Yes. To Mclntosh: Have you any Questions*—No. Mr Kettle next asked CaTanagh did he wish to ask any questions. Cavanagh replied in the negative, but on resuming his seat said something in an undertone. Mr Kettle (sharply): What did you say? Mr. Oavanagh (after some hesitation): I said it was a fabrication of lies. Mr Kettle: Well, you will have an opportunity of saying that again on. oath. Mf (Mays then cross-examined Dr. Wylie, asking whether he was anxious to get back to New Plymouth. Dr. Wylie replied: "No, I had two partners." Then why did you not stay?— Because there was nobody ill enough to warrant my staying. There was no particular need to go away?— And en the other hand there was no pressing necessity for mc to stay. How could you tell how long these people would be there? —One hazarded that they would not be there more than two or three days, and no one was seriously hurt or dangerously iIL One knew that Kawhia was near, that the Rothesay was there, and that the first fine clay she would come down and take them away, and that is precisely what happened. You took the risk of going back ? —Yes, if Mrs Cavanagh or anyone else was seriously ill, or if any case was likely to become critical I would have stayed. Mr Kettle: It has since been shown that your opinion was correct. You could do nothing more than you did?— No. Cavanagh was then called into the witness' box and Mr Kettle asked Dr Wylie: Do you swear that you had an interview with this man's wiie in his presence?— I do, absolutely. There can be no mistake about it?— None. Mr Kettle, to Cavanagh: What have you got to say?—l say that the doctor never interviewed my wife in my presence, and I never brought my wife in to him. He did not discuss your wife's ailments in your presence?—He did not. The three of us were not together. The doctor and I we're together, but the three of us were not. Then the doctor's evidence is not correct ?—No. You said it was a fabrication of lies? —Yes it was. Mr Clayton: In your previous depositions you say that you only saw the doctor once, and did not try to persuade him to see your wife because you were disgusted with the whole crowd. Now you say you saw him twice. The depositions to this effect were read | by Mr Kettle, witness stating that this ! was correct. Mr Kettle: Do you say on your oath that the doctor's statement was a fabrication of lies? —Yes, your Worship. (Proceeding.)