THE REPORT.

Auckland Star, Volume XXXVIII, Issue 174, 23 July 1907, Page 5

THE REPORT.

LEAVING WAITARA.

The s.s. Kia Ora (official No. 102,289, registered at the Port of Auckland in 1897; registered tonnage, gross 306.70, net 157; 65 horse power, and owned by the Northern Steamship Company Limited, of Auckland), under command of John Charles Blackloek—an able, experienced, and careful master mariner— left the Waitara River at about 9.30 p.m. (three-quarters of an hour before high water) on. 12th June, bound for Kawhia. She was drawing 5 feet forward and 8 feet aft. The wind was light from the NJST.West, the sky was overcast (no moon), the sea was smooth, the atmosphere hazy with frequent showers of thick drilling rain.

When the vessel was about half a mile clear of the bar (about 10 o'clock), Captain' Blackloek set the usual course, viz-, N. JK, and the engines were put at full speed—7 J knots an hour. The course so set was, in our opinion, a proper and safe one; and, if it had been carefully kept, the vessel ought to have cleared the Piritoki Reef by about 7 miles and Albatross Point by about 5 miles.

At 10 p.m. the first Wolfe —came on the bridge. Captain Blacklock remained -with frim for a few , minutes, and then, after giving orders that the N. J East course was to he kept, and that he was to be called at halfpast three in the morning, or sooner if it became foggy, retired to his cabin. Joseph Morria, A.8., was helmsman from 10 pjn. till midnight, and Tiios. Chambers, who had been at the wheel up to 10 p.m., went forward as "lookout."

At midnight de Wolfe was relieved by the second officer—Robertson—who was also instructed to keep the N. i E. course, and call the captain at 3.30 ajn., or sooner if it became foggy, and Daniel Forbes, A.8., took the wheel from Morris. By this time the vessel had covered about 15 miles. At two ajn. A. Anderson, A.8., relieved Forbes at the wheel, and the latter went forward as "lookout."

The weather having about this time become very thick with frequent showers of drizzling rain, the second officer called the captain, who at once came on the bridge. ' The weather continued to thicken, and the fog was so dense that, according to the statement of the second officer, the stem of the vessel could not be seen. Captain Blacktock was apparently confident—perhaps too confident—that the vessel -was in a safe position, as he did not alter her course or slacken her speed. THE 'WRECK. At about 10 minutes to 3 a-m., the vessel, having then covered about 35 miles, strnck the Piritoki Reef, a mile or so from the mainland, and some seven miles or so to the east of the course which had been originally set. In about twenty minutes the vessel filled, slipped off the reef into deep water, and disappeared. Captain Blacklock and two passengers (Messrs. Forbes and Ross) were drowned, but the officers, crew, and the rest of the passengers— some on a raft and some ia one of tUie ship's boats —jeaehed the shore about 8.30 a.m. One of the passengers (Partridge) was thrown from his bnnk when the vessel strnck, with the result that his leg was broken. The first and second officers and the helmsman, -who were on duty from the time the vessel left the Waitara bar till she struck the reef, cannot account for her extraordinary deviation (7 miles in 35 miles) from her proper course. They have all sworn that they were vigilant, that the compass w-as carefully watched, and that the vessel was kept on the course (N. J E.) set by Captain Blacklock. Forbes, A«B., who was "lookout"' at the time"tia. vessel struck, has also sworn that he kept a good lookout, that just before the vessel struck the weather became very thick indeed, and that he did not see the reef or hear or see the sea breaking on it. SUGGESTED CAUSES. It has been suggested that the vessel's extraordinary deviation might be accounted for in three ways, viz.:— 1. That the compass might have been ont of order. 2. That the current which runs along the coast where the vessel was wrecked might have driven her from her course toward the reef.

3. That the vessel's deviation was the result of careless steering.

There- is no ■ evidence to justify us in finding that the compass was out of order. On the contrary, the evidence, in our opinion, warrants the con elusion that it was in good order and working satisfactory. Capt. Adamson, a licensed adjuster of compasses under the Shipping and Seamen Act, 1903, deposed to having examined the compass on 16th April last, and he also stated that he had no reason to believe or suspect that it was out of order on 12th or 13th June. With regard to the second suggestion, we are of opinion that the evidence would not justify the coneluson that the current or;

set anight have carried the vessel so far (about ses?enjni!es) irom The' evidence of all those who spoke authoritatively on the Subject is to the effect that it is highly improbable'that, in a run of about 35 miles in about five hours, the current or set would carry the vessel so far from her course.

NAVIGATING THE VESSEL. We must now deal with the third and last suggestion, viz., that the officer antl seaiman who were responsible for the proper navigation and steering of the vessel between 10 p.m. and midnight neglected their duty, and that, in consequence of such neglect, the vessel wandered from her course. It is alleged that the chief officer, de Wolfe, who was on the bridge from 10 p.m. to midnight, was in a state of intoxication, and unfit to have charge of the vesssl: that Ire did not carefully -watch the compass and see that the helmsman kept the vessel on tier course-, that he was off the bridge during his watch for some considerable time, and that while he was away, Morris, who was helmsman, did not watch the compass carefully, and keep the vessel on her course. No allegation of neglect has been made against the second officer (Robertson), who was on the bridge, or against any of the seamen who 'were at the wheel or on the look-out after midnight. The chief officer (de Wolfe) admitted that shortly after 10 o'clock he left the bridge for a few minutes, and that before he went he called the lookout (Chambers) from his post, and ordered him to take charge of the bridge while he (de Wolfe) was away.

In our opinion de Wolfe was not justified in leaving the bridge or in taking the look-out from his post. In so doing he committed a grave breach-of duty, and he also violated clauses 17 and 19 of the Company's printed instructions to captains and officers, which are as follows:

17.—"The ship when at sea is never to be left without an officer in charge on the bridge ." 19. " The look-out man must not quit his post on any pretence whatever without being relieved."

Having carefully considered and weighed the evidence, and having regard to the statement made by A.B. Morris, who was helmsman from 10 p.m. ,to midnight; to the witnesses, James and Morrison, in Auckland, a day or two after the wreck, to the effect that de Wolfe was off the bridge for some time (the witness Morrison said that Morris stated that he (de Wolfe) was away for two hours) ; it is, we think, highly probable either that de Wolfe was off the bridge between 10 p.m. and midnight mucn longer than he was prepared to admit, and that during his absence Morris failed to keep the vessel on the course set by Capt. Blackloek, or that while he (de Wolfe) was on the bridge he did not keep a vigilant watch and see that the vessel was kept on her proper course. The second officer (Robertson), who, as we have already stated, relieved de Wolfe at midnight, slated that during his watcn the course (N. i E.) was carefully maintained, and we have no reason to doiibt the accuracy -of his testimony. THE CHARGE OF DRUNKENNESS. With regard to the charge of vdrunkeiiiiess made against -de Wolfe, we are of the opinion, after having carefully weighed and considered the whole of the conflicting evidence under this branch of the inquiry, that de Wolfe, who admitted that he had. some liquor at Waitara beiore the vessel left, was somewhat intoxicated 'when he took over tie watch fromCaptain Blackloek at 10 p.m. We think, however, that it is quite possible that Captain Blaeklock did not notice that he was in this condition. It was alleged that de Wolfe drank more liquor on board tjxe vessel after she nailed, and one of the passengers (Partridge) has sworn that he, Forbes (the passenger who was drowned), and.de Wolfe went to the saloon come time after ten pjn., arid were served with i iiquor by the chief steward (Peterson). De Wolfe has, however, sworn that he had no liquor after the vessel sailed, and was not drinking in the saloon with. Forbes and Partridge. The chief steward remembers serving some drinks in the saloon after the vessel sailed, but he did not recollect serving de Wolfe. He would not, however, swear positively that de_ Wolfe was not-one of those to whom liquor was seved. Another passenger (Cavanagh) has sworn most positively that while he was in the saloon at about 10JO p.m. de Wolfe and the chief engineer (Baggstrom) came down to' the bar, that de Wolfe had ttio empty whisky bottles in his hand and Baggstrom one, that the chief steward brought a demijohn of whisky from his cabinand filed the bottles, that de Wolfej invited Mm (Cavanagh) to "have a, iup," that he accepted the invitation, and' tffat then de Wolfe and Baggstrom went on deck together, de Wolfe carrying in his hand two bottles of whisky and Ba«"----strom one. The chief steward; de Wolfe, and Baggstrom have sworn as positively that Cavanagh's statement is utterlyfalse. It is quite obvious that deliberate perjury has been committed either by Cavanagh or by the chief steward, de Wolfe, and Baggstrom. In the midst of this extraordinary an- 3 conflicting testimony, it is difficult to find the truth and all we can say i 3 that the evidence is not sufficiently conclusive and satisfactory to justify us in finding that de Wolfe did drink more liquor on the vessel after she sailed.

Section 238, S.S. 1 fb) o f "The Shipping and Seamen Kct, 1903," gi yes this Court power to cancel or suspend the certificate of a master, mate, or engineer, "If the Court finds that the lo°ss or abandonment of, or serious danxatre to any chip, or loss of life, has been caused by his wrongful act or default." We have already said that, in our opinion, the chief officer (fle Wolfe) was somewhat intoxicated when he went on the bridge at 10 p.m., and that he tfommitted a grave breach of duty in leaving the bridge during his watch, in chaise of the "look-out" (Chambars). We have also expressed the opinion that it is highly probable, either that de Wolfe was absent from the bridge for some considerable time during his watch and that while he was away the helmsman (Morris) may have allowed the vessel to wander from her course; or, that if de Wolfe was on the bridge during the whole of his watch, he did not keep a vigilaat watch, and see that the helmsman kept the vessel on her course. TRUE CAUSE OF DEVIATION NOT DEMONSTRATED. The true cause; of and responsibility for the vessel's deviation from her course has not, however, been demonstrated to our entire satisfaction. The evidence is not, m our opinion, sufficiently conclusive to justify us in finding that the loss of the vessel was, to use the words of the statute before quoted, "Caused by f'e wrongful act or default" of de Wolfe The evidence has, however, disclosed that ort one occasion in 1902; de Wolfe, -while Sj^-^i? 3 °f the. JSortSem

Ngapuhi, was in snclra state, of, drunkenness ;-a s -to>justiry Captain Narbnry in refusing to -allow Mm to .go on duty, during the vessel passage from NewPlymouth tb'O'nehunga. For this misconduct and {grave breach of discipKne he (de Wolfe) was disrated, but he was afterwards given the command of the' company's -sa Paeroa. While so acting he : again drank to excess, and was in consequence dismissed •by the company on 9th January, 1905. No, 51 of the company's regulations is as follows: — "Any instances of -drunkenness on the part of the officers- must be immediately reported by the captain to the manager, when the offender will be ■summarily dismissed from -the service." It las been further shown that in February, 1906, de Wolfe, notwithstanding his* previous lapses, again entered the' service of the company as second officer on s.s. Karawa, and thaty on 12th. November last, was appointed chief officer of the Kia Ora. DE WOIiTE'S CERTIFICATE. Section 239. of the Act provides that, "If the Minister has any reason to believe that any master, mate, or certificated engineer is from ineompeteney or misconduct unfit to discharge his duties," etc, "the Minister may cause an dnqiSty to be held by a Court of summary jurisdiction as therein mentioned, and, if the Court finds' (see See. 238 (1) («) ) tha-t he is incompetent, or lias been guilty of any gross act of misconduct, drunkenness, etc.. it may order that the certificate held by the offender be cancelled." After the Hon. Minister has perused our report, he niay consider it desirable' to direct an inquiry to be held under the section (239) before referred to. In Abbott on "Shipping and Seamen," 14th .edition (1901), the-learned author, referring to the offence of drunkenness on the part of masters and officers of vessels, -says: "But masters of ships, officers, and even seamen must-not rely -too implicitly on the old cases.in wfiich occasional acts of drunkenness were excusedi A great change has come over the community, and a> person guilty of such an offence would now be considered by many people unfit to be entrusted with the safety of the lives and property of others." With this expres-' sion of .opinion we entirely concur. AFTER THE WRECK. '' The evidence does not disclose any breach or neglect of duty oh the part of the officers or crew between the time the vessel struck and the landing. On the contrary, the evidence shows that they did everything in their power to rescue those who were in the -water. After the passengers and crew landed, it was, in our opinion, the chief officer's, obvious duty to at once . ascertain whether any persons (passengers or crew) were missing or injured, etc, and to make the best possible provision, having regard to the means available, for the safety, shelter and comfort of the survivors, particularly the -women and children, until help arrived. Instead of remaining with the passengers, De Wolfe, shortly after the landing, and apparently without any consultation with them, and without giving any orders as to what was to be done during his absence for their protection and comfort, went away with. and at the invitation or suggestion of the chief engineer, Baggstrom, to seek aid. In so acting, de Wolfe, in our opinion, failed to exhibit a proper .appreciation of his duty and responsibility as chief officer in charge of the survivors of a -wrecked vessel. Complaints were- made at the bearing by one- of the passengers (Cavahagh) that some of the crew who remained with the passengers on the beach during the night of 14th June occupied the best positions under the scanty shelter which had been erected, to the exclusion of the ■women (Sirs. Cavanagh and Mts. McIntosh) and the children, 'and Mrs. Cavanagh has also complained that while her husband was drying her clothes at the fire one of the sailors deliberately .1 pulled aside the blanket with, which she was covered. The evidence as to wftat took place while the passengers and crew were cairaped on the Tjeacta. is somewhat conflicting. It may be that a better shelter for the women and children might and' ought to nave been erected by the men (some of them were experienced bushmen) during the day, but the. complaint that the crew selfishly occupied the best position under the shelter to the exclusion and detriment of the women and children has not been established. If it be true, as stated by Mrs. Cavanagh in her affidavit sworn before a J.P. at- Kawhia, that her blanket was pulled aside by one of the crew, we sincerely hope that tlie person who committed such a cowardly and blackguardly assault on a heiptess woman may yet be discovered and brought to justice. Some of the passengers also complained that Dr. Wylie, who attended them at the settler's (Shera's) house, where they were so hospitably entertained after the wreck, did not give them the attention which they had the right to expect from him. After hearing Dr. Wylie's evidence, these complaints, which had, we think, been made under a misapprehension of the true facts, were practically withdrawn, but in justice to Dr. Wylie, we think we ought to say that we are quite satisfied that before returning to N ew Plymouth, he did everything within Ms power to relieve the sufferings and allay the fears of those who needed his professional advice and assistancePACKET LICENCES. We have been asked by the Crown Solicitor, who represented the Collector of Customs, to express our opinion as to the necessity for amendments of the exiting, law relating -to the sale and supply of intoxicating Uquor on vessels under "packet licenses." After havin* given the matter careful consideration 3 we venture to make the following suggestions:— 5 s

A ; » e t !On 34 o£ "*** Sf ' *!/* f. relWalM ' " lieu thereof thai it be enacted as follows — A packet hcense shaU authorise the registered owner or owners of the vessel therein mentioned, being a vessel t>y which passengers are conveyed from any place (to be named in .the license Twith the colony or its dependencies to any otfier Pi** (to be named in the liceS .wittan or beyond the colony, to eSTS supply reasonable qualities of LTor during her passage between such S to any bona fide passenger Ca £ such vesse for consumption on Wd such, vessel by such passenger dS the voyage. Provided alwayS that master of the ve«*t m ay %* g* son or persons in charo* n t ft, T- p on the 4etsel not ger, officer, or other person oK* fbeyTd." hqU ° rj and WS °' der "c 2. That the following clauses be al™ enact ? d:-'-(a) N o li q S tir shllf be sold supplied or g'ven to.any.pasehger alreSy ma state of intoxication, (b) No Koumr shall-be soldi supplied or Sr such officer tit &&*&* the crew mttumt tixe, order in wdt>

ing of the master of the vesseL r^vw' no officer or &* en * accept any such toSL^fiX** committing a breach of Wqt th 7 ): visions of the •lorego m^Ltfo^\£°- ; be liable *~V**»T*X*3S&*s' or to a penalty not exceedi™ £sots~ imprisonment, wither without W £

befep^ana'ini^SSet^ be enacted as ■ - majority of the members of the:•£s££. anymeefcrng of the .Committee calk* for that .purpose, and shall.'be-"subject*t» such conditions as snc n chaimau.aS* members shall see fit 'to impose!" ' 4. That the following clSnses be.'also enacted:-"(a) The applicantor apnf cants shall give to the Clerk of fee Licensing Committee at'least ten cWnotice m.'writing : of such /application (b) Any packet licens?. may be cancelled oi- otherwise dealt with at any annual or quarterly ; nieetine of tli» Committee granting sirne. tc);!Sny master or officer of a ship who'is'.in a state of intoxication while in charge of the ship during her .passage, he is otherwise engaged in the'^perfof inance! of his duty "as such master or officer, shin be guilty of an offence, andlsljiii;ttn-sum- ;- mary conviction by a Stipendiary 1 Magistrate or by a Court .of ,Juris- laiction, under the .Shipping ; an ; d Seaihea Act, 1903, be liable to a penalty ; ii6t exceeding £100, or to a penalty %ot exceeding £100 and impnsonMent with-or without hard labour for: a' 'period; "not exceeding 12 months.' fd) "fhe' pfovi•siOns of this Act rshaU -be .priijtea'and posted in such cbnsprctfoiis -places on.'the vessel as shall J be appointed 'by-thfe-'Gom-mittee, and stated, in the license."'' :

COSTS OF THE VSVOOLY'... y\ We order the ;costs of this inquiry to be paid by the Northern; SJ3.:Go:;and;de

The evidence-taken pn : this inquiry, the exhibits therein referredj and. the master's certificate held by; Thos.-B.- de Wolfe are also forwarded-, -herewith; te the Minister for ■.'..' .. .:-.■■. CERTIFICATES .EißTtfittHED:' The Court_then retiifnSa the certini cates of Messrs'. Jag."Boßertson-,' second . officer, and E. L. .Baggstfom, phief engi» rieer. BELBBP PARTY EULOGISED.: • Mr Kettle-cokcluaea by BtStmg thatt since the report had'been'pre'pafeaj '■'•Mγ Ntfrthcfoft, SJtfij of othe who returned from Kawhia at the-ena ! of ! last week, had kindly fiirniffiea' tiie Court with some interesiang- infonriatioh respecting the step's taken by the-f&cne , party of settlers to relieve the.sHipwrecked people. Constable McCarthy, elerkof the court at 'reported thai' the' whole credit of taking rdief : to -thei'siir■vivof s belonged to ; Jack, Gharlesj %tid Bob Willison, and Lanej' nibrei. especially' to Jack Willison, Jack Willisfln.-'states C«nstable McCarthy, got woird at 4 p.m.,'anSbefore 5 pan* the resale party started* each leading a padc nofse 'and cSrrymg a lanthqfn. It was raining heayilyr"aiid they Tea'che'd-:_She&rette-at-I.r twe : .)' horses knocking up on the-tray, tifeir' loads being. divided " among the members;. of the party. No one could realise the state of the track's over which they had to travel, 'and had-it : not neen'ior Jack; , Willison's knowledge of aiis track,- which,' was unknown to any other white man or Maori, the shipwrecked ones would Heveß have been reached. Maungunu Beach waa reached at 3 a~m., and the food:"wee promptly cooked, after which ttey sta*te<J to get the Snrvivors over to Shearers, Charles Willison 'carrying, rfche passengee Partridge- on his back all the way.^Gcm- >-.-. stable- McCarthy was uiisible to under" ~ stand why a whare had not been 'bmltior ' the women, as there mk any: amount of ■ flax and ti-tree about, and two iop&hawks were in the boat,' while several of'" the passengers weie experieaced buahiiKlu ,; Good -work, he further stated; was ddtfe, he beiieved, by the cMei -wS.3 . instrumental in rescuing several people from the water who were struggling round the raft. Dr Jenkins reached'tha survivors on the Friday, eveiung•.after: the wreck, and by his kindness ful attention won; the Warmest appretEi' tion of the ■snrvw'ors. '■ Others'; who Ttai done good woik were MessrsiVSqee, John ■ Shaw, Haylock, Crotty, and D. Continuing, his Worship said; tltaii'thV Court wished to express its highest appreciation of the Services by the settlers mentioned; and hoped that them services would be suitably recognised , ana , rewarded. Mr Kettle also said that greet credit was due Constable McCarthy and Mr Holmes for the part they, took in. assisting the settlers and .afterwanS ?ia searching for the bodies of those drowned. 1 THE COS*I ■; ' ~ .

The costs oJ! the inquiry,. ;whkh.- ; a«* to be borne by the contpaany, and , tto chief officer, total over £200.