KIA ORA WRECK.

Auckland Star, Volume XXXVIII, Issue 166, 13 July 1907, Page 6

KIA ORA WRECK.

NAUTICAL INQUIRY. COMPLETED. STATEMENT BY MRS. CAYANAGH.. The hearing of evidence in the nautica.l inauiry into the wreck of the s.s. Kia Ora was concluded yesterday afternoon, addresses of counsel being postponed until this morning. Calvert James, commercial traveSter, employed by R. H. Abbott anci Co., was questioned as to a conversation with Morrison ni Queen-street. He said: I met Morris in Queen-street, and asked him of the different experiences he had at the tune of the wreck. He said he had a icusrh time, and was as long as anyone in the water. He also said he was at the wheel, 1 think, before 12. He said de Wolfe had left the bridge for some time. 1 think that is all I remember ; it was only a short conversation.

Mr. Mays: Do you remember Captain Blacklock's death being mentioned^— Yes. Did Morris give any account of the Ehip getting off her course? —No. What did he say about de W<olf&?—I don"t remember what particular time he was off the bridge. Had Morris anything to complain about? —He complained that he had a rough time. >"o: I mean while he was on the bridge, or de Wolfe was off it? —No, I don't remember that he made any complaint. Think. Had Tie anything to say as to what happened to him as steersman? —< I don't remember anything. Was anything mentioned as to drink? »—Ko, I don't remember anything. Did you tell anybody else as to«-.this conversation ?—No. Charles Ranson, manager of the Northern S.S. Company, re-called* said that since he had last been in Oxirt he had looked up Mr. de Wolfe's cancer; up to that time he had only looked it up to 1906. De Wolfe had been relieved of the command of the Kanieri for running on a bank in the Aoeta Harbour, a difficult part which had not since been worked. James Morris, A3., re-called by Mr. Kettle, said that he was a teetotaller, though he had had a couple of drinks after the wreck. He was perfectly sober while at the wheel between 10 and 12 pjn. on the night of the wreck. Capt. Blacklock and de Wolfe were on deck together for about twenty minutes. De Wolfe did not have an oilskin on when he came on the bridge. Mr. Kettle: Who came up on the bridge?—Forbes and Partridge. Did you see Chambers, the look-out, come up?— No. Do you swear that? —Yes I heard someone come-up but I did not know who it was. I thought it was the mate returning. Did yon hear any conversation between the mate and Chambers? —I did not. Thomas Chambers, look-out on de Wolfe's watch, was called to repeat his former evidence, being cross-examined at great length by Mr. Kettle as to his being called from the look-out on to the bridse. Mr. Kettle asked if that exhausted the evidence. Mr. Mays replied that it did except that of Mrs. Cavanagh by affidavit. Mr. Earl: An affidavit like that is quite an ex-parte statement, and is of no value. Mr. Kettle: Do you object? Mr. Earl: Yes. I take the responsibility of objecting to any evidence being taken under which there is no opportunity of cross-examination. Mr. Mays said an opportunity for *"Oss-exajnination would be given, even 8? it were necessary to nave a further adjournment. MRS. CAVAXAGH'S AFFIDAVIT. After further discussion, the affidavit vras read. It stated: — "I. Johannah Cavanagh, of Kawhia, married woman, make oath and say: 1 am a married woman, residing in Kawhia. My husband and I were aboard the s.s. Kip. Ora when she was wrecked. I have not read my husband's evidence given at the inqury. When the Boa Ora struck I was in bed. I did not know what- danger I was in. I was thrown out of bed and I got back again. My husband then came and told mc not to be afraid. He told mc he would get his boots and come back foT mc. He took mc out of the cabin and on the deck, at the same tims helping Mrs. Cox up rhe stairs. My husband then got Mr. Pratt to get a lifebelt, and by husband Tint a lifebelt round mc, and we went up to the bridge. I saw men trying to lower toe big boat, and somebody told the women to go around to the other boat. I went to the other boat and my husband put mc in it. Someone threw a blanket after mc. Mrs. Cox ■was put in after mc. then two of the sailors got in, and then the other ladies were, put in. After we had pulled a siort distance away I saw part of the Kia Ora go down. I could see land all the time. After the part of the Kia Ora went down I saw my husband run forward on the part of the boat that was still out of the water. Soon after that the Kia Ora disappeared.

"De Wolie was in our boat holding a light and giving- orders. The first thing we picked up -was a liver and white dog. Just as we picked up the dog 1 beard Captain Blacklock call out, "Bring the ■boat." De Wolfe said, "It's no use talking, we can't, we'd go down-with the Kia Ora.' , We then went on picking up the people in the water. My husband was the last to be picked up. He was not taken in the boat at once. De Wo!fe said. '"There is no room in the boat, you will hare to hang on to the side;" the boat is too full." 'At this timeVe had two dogs in the boat. My husband hung on to the boat for a while. There was a conversation, which I did not hear, and my husband was got into the boat. We conld see the land all the time. The ladies wanted to bs taken to the land, but the sailors said "No, we shall have to hang off till daylisht." When daylight broke, we could noT see the land, and the compass was cot out. We landed about 5.30 a.m. The raft went ashore first with 11 men on it. After going ashore a fire was lighted by the sailors and passengers. We were all standing and sitting around the fire for a while. Some of the men then went to get help. We were all wet. During the day we all ran about the beach to keep warm. Late in the afternoon the fire was shifted nearer the hill, and the crew turned the boat and rait up for a breakwind, but the crew ■went underneath the shelter and the women and passengers were left out in the cold. It was raining all the time. I did not ask to be taken under the shelter; it was full up. My husband said something to the other men about passengers being left out of the shelter, ibnt there was no notice taken of what Ihe said. I had my Tvearieg clothes on, H&£hiDg-el,se.- ✓w • -. ■»" - v >

'"After arrived, Bob Willison banded my husband a bottle of whisky, and my husband gave mc a nip out of it. I put on a man's flannel, and that •and a pair of socks was all I had on vr-hile my clothes were being dried by my •\husband. I was lying on a rug on the beach near the shelter with another rug. over mc. Some of the sailors started swearing. I believe they had too much whisky. One of the sailors who was lying close to the fire, together with one of the under stewards, leaned over from where they were lying and pulled the blanket off mc, leaving mc practically naked. I pulled the blanket over mc again. The sailor who did this has the upper teeth out of the front of his mouth. The two of them laughed when he did this, as also did the stewardess, who, at the time, was lying on the chief steward's arm near the boat. I told my husband what had been done, and who did it, but I asked him not to make a row, as we had enough trouble. While coming from the camp to Shera's I had pains in my side; but when I got to Shera's I was all right. The doctor from New Plymouth asked mc bow I was, and I said I was all right. We were looked after well at Shera's. I cannot travel." ■•. , | THE ISSUES. QUESTIONS FOR THE COURT. Mr. Mays then submitted the following questions to the Court, as prescribed by the regulations:— t 1. How, when and where was the said steamship Kia Ora lost? 2. What persons lost their lives-in or owing to the wreck of the said ship, and whether, under the circumstances of the said wreck, the lives of such, persons or any of them could have been saved? 3. Whether the loss and wreck of the said ship was directly or indirectly due to or brought about by (a) circumstances beyond the control of her officers and crew, or some unaseertainable cause; or (b) the negligence, bad navigation, incapacity, misconduct, drunkenness, or default of her officers (other than the chief officer) or crew or any of them; or (c) the negligence, bad navigation, incapacity, misconduct, drunkenness, or default of her chief officer, Thomas Bergen de Wolfe, whilst ill or under the influence of liquor, or absent from his post of duty during bis watch on the said steamship from 10 p.m. till mkhiight, on the 12th day of June, 1907. 4. Before and after landing from the wreck was everything possible done by the surviving officers and crew for the care, comfort, and safety

of the passengers, particularly the wo-

men and children, and was the covering of one of the women passengers (Mrs Cavanagh) taken from her by ally member of the crew of the said steamship? 5. The opinion of the Court is also desired respecting the sale and supply of intoxicating liquor upon river limit and home trade steamships in New Zealand waters. Mr. Clayton asked whether he might take it that his clients, the Northern S.S. Company, were absolved, and that the charges against them -were absolutely and fully withdrawn. They did nos appear on the questions' paper, and he supposed he might conclude they were withdrawn from the consideration, of the Court. Mr. Kettle (to Mr. Mays): Tie-Court understands that there were two matters affecting the company. One was that the company or the master of the Rararwa did not send sufficient provisions ashore, and I think it has been shown there was nothing in that. Mr. Mays: No. we have now investigated, and I am in a position to judge. I was not before. Mr. Kettle: We may take it that you think the company did all it possibly could. Mr. Mays: I am quite -satisfied of that. Mr. Kettle: Then the second point is that you think, assuming the Court should find de Wolfe was addicted to drink, it is a matter for comment whether the company w-as justified in, putting him in a position of trust. You ask our opinion of this? Mr. Mays: Yes, that and in what way the company may be involved in the liquor selling. Mr. Kettle: What is the complaint there ? Mr. Mays: Leaving it to the stewards entirely. The company has 26 river limit, and home trade steamers. Mr. Kettle: You ask for our ohservation? Mr. Mays: Yes. Mr. McGregor: With regard to the , captain. I have nothing to say. I am prepared to justify all he did. ■Mr. Earl: I would like to hear Mr. Mays first. ■Mr. Mays: Fortunately the regulations give mc the privilege of replying last of all. Aiter consultation, Mr. Earl asked the Court to defer the addresses of counsel till to-day, when he would shortly put the points as they appealed to him. The case was aceordinsrly adjourned until 9 a-m. to-day. TO-DAY'S PROCEEDINGS. ADDRESSES BY COUNSEL. THE CHIEF OFFICER'S CASE. When the Court resumed at 8.10 a-m----to-day Mr F. Earl, counsel for Mr T. B. de Wolfe, chief officer, addressed the Court. He expressed his appreciation of the almost unequalled patience of the Court in the lengthy hearing, and of the manner in which it had borne the remarks of counsel. Mr de Wolfe's position was unfortunate. The finger of the prosecution had been pointed at him all through, and this merely as the result of one or two unfortunate incidents in his past career. He had been to sea for 22 years, and only these two lapses had been charged against him. He was adequately punished for his lapses, and had proved himself a capable and efficient officer, so capable that the various captains under which he served desired to have him back with them again. On the base of those two lapses the prosecution had been directed against him, when there was no more responsibility against him than against any other officer oil the ship, and he was quite sure if the Court would come to the conclusion that seeing that he was on the bridge from 10 to 12 it was practically impossible that the whole of the divergence occurred in his watch. He submitted that the divergence was gradual throughout the whole course, and quite apart from any want of capacity on the part of any of the officers. There was a divergence of between five and seven miles. Mr de Wolfe was on the bridge from 10 to 12, but the captain was with him and was therefore in charge, for 15 minutes, so that the chief officer was only on watch for an hour and three-quarters, in which time she -would travel about 12 miles. If the whole 7 miles' divergesse. hadoscuxred

in de Wolfe's watch, she would 'have had to go. m almost at right angles to her true course for half his watch. The whole circumstances in de Wolfe's career were favourable save the two lapses. Had there been any others they would have been brought up. There had been an expert scavenger searching his whole career. He was not referring to his friend Mr Mays, but a scavenger had been discreditably going into de Wolfe's career —somebody who had been assisting the Crown Prosecutor. Every episode which could be brought up to his discredit had been seized upon and thrown at him very hard, and not to spare him in any way. The most was made of the Ngapuhi and Paeroa episodes, but the manner in which the Kanieri matter had been grossly and intentionally exaggerated had astonished him. Mr Mays was aware of "the real facts, and it was most unfair of him to take the course he had followed.

Mr. Earl, continuing, said that the charges were opened in a most extraordinary manner. The Court were told that fearful and indescribable evidence, which would shock e-rerybody, would be submitted. He submitted that that opening -was entirely unwarranted; it had gone through the length of th? colony, to the damage of the company, the officers of the ship, wh'ieh might have been avoided if counsel for the Crown had used proper professional care. What did they get? A cock and bull story from Mr. Cavanagh, another from Mclntosh on different lines, and a third story from Partridge differing from both. Again they had iour young fellows who declared that de Wolfe was drunk before the wreck, but who knew nothing about neglect. All the nonsense about neglect of the passengers faded away in cross-examination, and nothing was left but the statement of three or four young fellows that de Wolfe was under the influence of liquor when collecting tickets. Mr. Mays said that de Wolfe was drunk in the Waitara Hotel an hour before she sailed. In all the large array of witnesses only one said that de Wolfe was in the hotel, and he had nothing to say as to his being drunk, and was mistaken as to time and person.

The next charge, Mr Earl said, was that de Wolfe was drunk while collecting tickets, this being supported by Hudson. Pratt, Barraclough and Gash. These only had a momentary opportunity of observing de Wolfe. He did not charge the witnesses with perjury, but with making a mistake, a mistake which had grown by confabs in the bush and by subsequent conferences. But what was the answer to their evidence? There was one man who had evident reason to watch de Wolfe, and that was the captain. Captain Blacklock had a far greater opportunity of observing him than had the passengers. He could not possibly have missed seeing signs of drink on de Wolfe, being aware of the need for vigilance. He was with de Wolfe for 20 minutes, and noticed nothing—if he had he would not have allowed him to take the bridge. Captain Blacklock, dead as be was, was a most important witness. Most lightly one young fellow charged him with being drunk at Raglan. Luckily de Wolfe was able to get two unimpeachable witnesses to show that at the time mentioned by Hudson he could not have been under the influence of drink. Partridge, himself under the influence of drink, had the assurance to say that de Wolfe was not , sober. Partridge's evidence was denied !by Cavanagh, whose denial was perhaps as much value as his evidence; also by the chief steward. As to Cavanagh's story about the bottles of whisky in the saloon seemed to him to be *raste of time to discuss it. He had had an innings with Cavanagh in the witness box. and to say more about his evidence would be pouring water on a drowned rat. The evidence in favour of de Wolfe's sobriety was absolutely overwhelming; it could not be more complete, unless the Court came to the conclusion that there was a conspiracy among the whole of the crew and officers to swear falsely as to his condition. If these officers and crew were lying then they were the most talented and artistic liars in his experience. CASE FOR THE COMPANY. Mr. C. Z. Clayton, for the Northern S.S. Company, said that the two points concerning the company were whether they were justified in employing de Wolfe in view of his past record. It had been unjustifiably assumed by the prosecution that de Wolfe was addicted to drink. Mr. Kettle: The man was disrated on the Ngapuhi because he was unable to take command of the vessel. One would have thought that that would iiave ■made him very careful in the future. But as master of the Paeroa he drinks again, and is dismissed. I suppose the contention is that a man who would do that twice would do it again; that it is a fair assumption that he has been drinking in between.

Mr. Clayton: That is not a fair assumption. Mr. Kettle: We assume that de Wolfe was a first class man except for the one failing.

Mr. Clayton: There has been no evidence to show that between seven years ago and five years ago there had been the slightest sign of drink on him; the evidence was all the other way. The Court can come to no other conclusion other than that the company were quite justified in appointing him to the Kia Ora.

Mr. Kettle: So many lives have been lost through drunkenness on the coasts that it is well that the utmost strictness be observed. Mr. Clayton: On general principles I agree, but coming to this particular case, the evidence is overwhelming that every care was taken. Coming to the question of liquor on small vessels, Mr. Clayton contended that the inquiry should be confined to facts arising out of the wreck. Mr. Kettle said that the Court would deal with this subject in its report in a general way. They would suggest legislation which will put the thing on a better footing. Mr. McGregor rose to speak on behalf of the late Captain Blacklock, but the Court said that it did not desire to hear him. He was a thoroughly efficient and trustworthy officer; he had set a safe and prudent course, and the Court deplored his death. THE CASE FOR THE PERSECUTION. Mr. Mays said that representing the public interests, his task had been a most difficult one. Mr. Earl had had a lot to say as to his (Mr. Mays') methods, but it was a well-known maxim, when i one had a weak case to abuse the other side. Mr. Kettle said that there was no need to go into this matter. He knew perfectly well that Mr. Mays would do nothing irregular or unfair, and that his one desire was to get at the truth and to serve the public interest. , Mr. Mays expressed his . appreciation of bis Worship's expressed regret that one of his questions as to the stewardess had been misinterpreted? He had understood the parties were engaged to be married, but in the Jieat of the examination had neglected to ask Sis. diroctgu.es~D, " L , JJ 7 -.

tion, and wished to apologise to her for the injury done her feelings. He was not satisfied after all these days as to the efforts made to save the captain, he only wished he was, but he could not say that, and would leave the matter without saying any more. With regard to the actual wreck, he thought the inset theory must be thrown aside. Regarding the second officer they found him to be a vigilant and temperate man, and Be (Mr. Mays) believed his evidence. Then they had the evidence of seven passengers, and he could not conceive that seven men could come from different parts of the colony with no interest in the case, and deliberately tell what was untrue. Throughout 'severe crossexamination they had maintained that de Wolfe was under the influence of liquor and unfit to take charge of the ship. They did not charge de Wolfe with drunkenness, but with being under the influence of liquor, and while it was quite possible that he might avoid detection from his superior officer, he would be quite unfit to take charge of the ship.

Mr Mays, continuing, said that the sailors had every interest to lie in this inquiry, and he was satisfied they had done so. It had been sworn that everything , possible had been done for the wom«n and children after getting ashore. The first duty of any officer was to see after his passengers. There was plenty of material to build a shelter. That little sketch which he put in proved that the women and children were not properly eared for. He admitted there was a measure of excuse for the officers. Lister was injured, and Robertson was both slightly injured and heart-broken. Then came the infamous blanket incident. Why should Cavanagh come to Court with that blanket incident if it were not true? It was incredible that Cavanagh and his wife should conjure up a story like that. Mr Ranson put Mr de Wolfe back on a wishy washy promise that he would not take drink. Could a man change his habits that way? Six passengers bore out Cavanagb's statement about de Wolfe being under the influence of liquor. What was the character Mr Ranson gave Mr de Wolfe? —that he had a good knowledge of the West Coast; that he could work a boat cheaply and economically. Mr Mays asked the Court to deal with this matter with a firm hand. The public conscience could not be satisfied with anything but a firm decision upon this case-

Mr Kettle said the Court would consider its decision, and give judgment on a date which would be intimated.