KIA ORA INQUIRY.

Auckland Star, Volume XXXVIII, Issue 163, 10 July 1907, Page 5

KIA ORA INQUIRY.

TO-DAY'S PROCEEDINGS. (Continued from page three. ) 8 The Kia Ora inquiry was resumed at 10 ajn. to-day, when Mr Earl continued bis cross-examination of Cavanagh.

Mr Earl: I went through the officers and crew list with you yesterday, but I did not ask you about Lister, the second engineer. He says that Baggstrom was in his bunk at 10.15 p.m. Is he a liar too?—I saw Baggstrom in the saloon about that time.

How was he dressed? —I don't know. Baggstrom. after going out of the saloon with tbe whisky, went along the starboard alleyway. He could not contradict Lister 'if he said the chief engineer was in bed at 10.15 p.m.. When he had a drink with Forbes and Partridge be would not say that Forbes was sober. Partridge was perfectly sober. Witness was not under the influence of drink.

Mr Earl: Listen to this. This is what you swore, "Forbes asked Partridge to have another drink., and he said he was full. Both Forbes and Partridge were under the influence of drink." Did you swear that two or three days ago?—l do not say that I did. Mr Earl: God bless my soul, man, was it not read over to you. [Tbe depositions were referred' to, and bore out what Mr Earl had quoted.]

Mr Earl: What do you say to that?— He said he was full, and I took it from that.

You were sober. What do you mean by impugning his character and raying he was drunk. You were sober. In what condition'was he? —He knew what he was talking about. Then why did you say he was drunk? —Because he said he was full.

Mr Kettle: You swore he was under the influence of liquor. Do you wish to qualify that?— Yes, I wish to say that I thought Partridge was under the influence of liquor because he had had enough. *,

Mr Mays: As to the cheque incident. Did you. bear any malice against de Wolfe?—No; in fact he had done mc a good turn by allowing mc to travel down. He did not-complain to the police about de Wolfe when he notified them that he had received £8 short change.

Mr Earl talks about your having 14 portergaffs. Can you give us a mose accurate estimate?—l may not have had one. I was perfectly sober on the boat. Was there plenty of stuff to build a shelter on the beach? —Yes.

Mr Kettle: Are you going to open np a new phase of this shelter question? Mr Mays: I merely want to get jyrfc that fact.

Witness continued that he took b _ wife under the shelter at a quarter-past 'one on account of a particularly heavy shower of rain. He had had no quarrel .with Baggstrom, whom he had found a thorough gentleman. He had given a ■statement about the wreck to nobody until he had given it to Mr Mays. He had no grievance against the Northern Company. He saw nobody in the saloon when the bottles were filled with whisky. He observed no' signs of illness in de Wolfe.

Mr Kettle: Was there anything you saw which could improve the shelter? — Yes, I suggested that the boat be turned the opposite way. That would haye given enough shelter f or" the lot of us. Is that all that could have been done? —Yes. "

Mr Mays: In what condition were you after thewreek? —Well, I had two nasty falls in the boat. I was drawD t down with the suction, and swam for irfi hour with a bag of chaff, then I was threequarters of an hour hanging on to the boat and chaff. I", was sick, and could not move my arms from my side.

Mr Kettle: We've had all this before. Were you such a physical wreck from the time that you landed till nightfall that you were unable to make any suggestion or protest? —No; I could speak. Why did you not? —I didn't -want to rouse or cause trouble. / Mr Earl: This is rrawnin&tion. I never _us_ae__ >>'-"•* __ny of these questions. OXOJBJDO | e__am_iie- > 2_Lr Js_e__le, to __Er Mays : I>o you ii__e___, to'mak any point. aUilt _jfi _d__oH_l s_t_rlter T~*fa.i___ might ti—tv-e been _n_L_,e ? _vlr Mays: I intend to In nay address. _Jr Earl: Really, this is most perplexing. Charges are brought at the last moment. Are we to put all our -witnesses in the bo_ again? > Mr Mays: De Wolfe was charged at the outset -with not doing all that _fe could.

Mr Kettle: But this is the first time that this has,been raised.

Mr Slays: I am going to suggest that de Wolfe should have made a shelter with ti-tree and flax, any British captain would have.

Mr Earl: It has never been suggested ; before until 'this man gets into the box and raises the point. > "Mr Mays: I raised it myself, asking about the physical features of the coun- , try. THE BOATS PROVISIONS. Thos. Attwood, master mariner, As-sistant-superintendent of Mercantile Marine and Surveyor of Ships, said that on April 16 he surveyed the s.s. Kia Ora, He examined the boats and raft, saw the boats put -out, the disconnecting gear in action and also the raft. The boats were j watertight,and the cylinders of the raft airtight. On the raft he saw the biscuits, water, fishing lines, blue lights and the other things which the law required: i these being checked 'with the list as gazetted. Mr Kettle: Were the medical stores there? —No, they are not required by law. No splints or wrappings provided?— No. Had the captain a medical chest?—l did not see it. I am particular about that in foreign-going vessels, but not on home traders. Why not on the latter ?—Because they are always in port. Mr Kettle: Not always': Sometimes they are at sea and sometimes the crew are in the boats. To Mr Clayton: He satisfied himself that all the requirements of the law had been complied with. Wm. Geo. H&ynes, second steward on the Kia Ora, denied that the women and children had been left out in the open on the beach. He had heard nothing of the blanket-incident till he saw it in the papers. He waited on the officers at tea the evening the Kia Ora left, and noticed that de Wolfe's appetite was not as gooa as usual. He attributed this to the fact that he had had a cold for some little time. To Mr Kettle: A portion of the whisky was kept in a wicker-covered demijohn in the steward's cabin. He saw no ■drunkenness aboard, either passengers or crew. He had never seen bottles of liquor taken to the officers' cabins; he had on one occasion taken a drink up to

the captain's room. He did not see de Wolfe after tea.

Captain Attwobd, recalled, stated that the regulations for home trade vessels did not require them to carry medical comforts. The Act provided that the Minister might gazette regulations to this effect,- but so far it.had not been done.

Frank Johnson, pantry-boy, .also de.nied that the crew took the best places, or that he had heard anything on the beach concerning the blanket incident. He saw no signs of drunkenness on the vessel.

-Mr. Earl stated that he had called every member of the crew except the cook's boy, de Calmer, who had gona to another ship, and could not be found.

Elias Baggstrom, the chief engineer, re-called by Mr. Earl, stated that he saw no signs of suffering about de Wolfe through the day. He had complained during the trip of a cold, from which he had suffered for a week.

Petersen, the chief steward, was recalled by Mr. Mays. He ard, was recalled by Mr. Mays. He stated that he remembered swearing that he was practically a teetotaller. Mr. Mays: Do you deny that within the last ten weeks you were so helplessly drunk on a tramcar at Onehunga that you did not know the car had reached the terminus?—l totally deny that I had any drink in mc at the time. I had been to Auckland to get supplies, and took two gallons of whisky and some fruit into the tramcar. Probably I was a bit dozy, and while the pole was being pulled round my hat fell off into the road. I came out; the car bad not started then, and got my hat and took the whisky and fruit aboard. But the cause of that was not jtnioxication. I liave never been intoxicated in my life.

Mr. Earl: I protest against this man being called into the box simply that mud be thrown at him. It is deplorable that such things should be done, and by a Crown Prosecutor, too.

Mr. Mays: It is relevant, and I am prepared to follow it up. In answer to Mr. McGregor, witness said that he bought the whisky demijohn on deck to put it into the boat, and anybody could have seen it on that occasion. REFUTING MORRIS' EVIDENCE. Mr. Mays then intimated that he intended to call a witness to state that Morris had given him a different account of the wreck to that he had given in the witness-box.

Mr. Earl entered a strong protest against any witness being called by the Crown to contradict Morris. Though he was their own witness, they were dissatisfied with his statements, and wanted to contradict him.

Brace Morrison, bookseller's assistant, Auckland, said that he knew the seaman, Joseph Morris, having been introduced to him by a friend named James a few nights after the .wreck. He met him in Queenstreet, near Wyndham-street, and "a coriversationi! ensued between Morris and James. Morris said that they had had :an awful time, that' somebody was drunk and somebody was off the bridge. I Mr. Kettle: Have you no idea of what I the name was?—l cannot swear it.

Mr. McGregor: What were his exact 5 words? —I have told yon as near as I can. He said that the no, I could not swear it was the mate.

Why did you say so, then?—l suppose it was an error. .. '

Continuing, witness said that he now knew what Morris had said.

Did you ask how long, the officer was oft" itia bridge? — He said about two hours.

Did yo.u come to the conclusion that it was two hours after reading the evidence in the papers?—l did not.'

Can you swear that he said it. was the mate? —No, I cannot swear it. I do not remember what name he said.

(Proceeding.)