WRECK OF THE PENGUIN.

Auckland Star, Volume XL, Issue 52, 2 March 1909, Page 6

WRECK OF THE PENGUIN.

the cotna*i?s DECISION.

G_._T__N*S ERROR OP JUDGMENT.

TWELVE MONTHS' SUSPENSION.

AN ASSESSOR DISSENTS,

(By Telegraph. — Press Association.)

WELLINGTON, Monday.

The judgment of the Nautical Court that inquired into the circumstances surrounding the wreck of the Union Steam Ship Company's Penguin on or near Tom's Rock, Terawhiti, on February 12, was delivered late this afternoon. The Court consisted of Dr. Me•ATthur. SM. (president), and Captain C. McArthur (Wellington) and Captain W. J. Reid (Auckland), sitting as nautical assessors. Mr. Myers appeared for the Marine Department, and had associated with .-him Captain Smith, as nautical adviser. Mr. Herdman appeared for Captain Baylor, the master of the Pengum, and for Mr. W. W. Luke, second engineer of the Penguin, and Mr. Levi •represented the "Union Steam Ship Company. The judgment was as follows:—

Question I—Whether1 —Whether the said vessel was seaworthy and properly found, particularly in regard to the lifeboats and other life-saving appliances and whether euch appliances were sufficient and efficient and properly attended to, and ■whether boat drill was properly carried out on the said vessel?— Answer: That the evidence discloses the said vessel to have been seaworthy and properly found in regards to the lifeboats and other life-saving appliances; that such appliances were sufficient and efficient and "properly attended, to, and that boat drill was properly carried out on the Eaid vessel.

"Question 2—Whether under existing •weather conditions at any time after nine p.m. shelter should have been sought or the vessel's head put out to sea instead of her course being continued to Wellington?— Answer: That under the existing weather conditions, considering the vessel had run a course of 18-aiiles at 9.40 p-.rri:, the ship's head should have been put to sea instead of her course being continued towards Wellington, and that under the existing circumstances the master was guilty of a breach of article 16 of the regulations for preventing collisions at sea. (Article 16 reads thus:—"Every vessel shall, in a fog, mist, or heavy rainstorms, go at moderate speed, having careful regard to the existing circumstances and conditions.")

Question 3 —Generally, what was the cause, or what were the causes, to which the said casualty was due?— Answer: That the cause of the said casualty was the presence of an exceptionally strong flood tide, coupled with a breach of article 16 by the master of the vessel, and with his failure, under existing circumstances, to put to sea when he had run a course of 18 miles.

Question 4—ln particular whether the said casualty was due to or contributed to by the negligence or wrongful act or default of any person or persons on the said vessel, and if so who were such person or persons, and what was the nature of such negligence or wrongful act or default?— Answer: That in particular the said casualty was cfntributed to by the default of Francis Edwin Naylor, the master of the said vessel, in not putting the ship's head to sea sooner than he did, and in not complying with article 16. already referred to.

Question s—Could the said casualty reasonably have been prevented, and if so, how?— Answer: That with the distance run Tip to 9.40 p.m., with the weather thick and rainy, and with neither land nor light at Pencarrow in sight, tbe casualty would have been prevented if the vessel's head had been put forwards safety. When the vessel struck some -22 minutes later, the master was doing that which the Court considers he should have done when closing with the land in thick weather.

• Question 6 —After the casualty were 'all reasonable and proper precautions taken to prevent loss of life, and if not, :what precautions that ought to have been taken were omitted? —Answer: That after the casualty happened everything that could be reasonably done to prevent loss of life wa3 done by the master, -officers, and crew.

Question 7 —Whether under tbe circumstances shown by the evidence soundings should have been taketi, and if so, after what time? —Answer: That under the circumstances- shown by the evidence, as the master did not put the vessel's head to safety he ought to have taken soundings.

Question S—Whether it is necessary or desirable that coasting vessels should he. fitted with patent sounding gear?— 'Answer: That although not actually necessary, it would be a great assistance to masters if coastal vessels were provided with patent sounding apparatus.

The Court considers, continued the Judgment, that lifeboats of vessels should have some means fitted whereby a steer oar could be used when required, ahd that ■when having boat drill, and when the boats are lowered in the water, an opportunity should be given to members of the crew to acquire the knowledge necessary "to handle such an oar. It also considers that the Marine Department should obtain the latest data regarding the phenomenal currents obtaining at times in Cook Strait; that full information on the subject should be put before the Admiralty; and that all mariners should be made aware of the dangers attending the navigation, especially during hazy or thick, rainy weather. In view of the facts in this case that all the boat 3 were capsized and floated ashore bottom up, the Court would suggest that some simple appliance should be fitted —a line of similar material to the life-lines already, fitted on lifeboats—to the" gunwale on one side, taken through a hole in the boat's keel, and brought up to the opposite gunwale Bt suitable distances apart.

Remarks were made during the hearing of the case as to the speed of the currents marked on the charts. In reference thereto, tEc Court desires to draw attention to tbe instructions contained in the introduction to the "New Zealand Pilot," which instructions are common to all the Admiralty publications oi that nature, and have special importance in the- case of vessels navigating Cook Strait. The Court would refer more especially to paragraph 9, on page 12, and paragraph 10, on page 13. They are as follows, paragraph 9 being mentioned first:— _ . "Tn navigating coasts where, the tidal range is.considerable, caution is always necessary. -It- should be remembered that there are In-draughts to all bays and bights, although the general run of the stre&si may be parallel to the shore." "Current arrows on charts only show the most usual or the mean direction of jfe tidal stream or current.. . It must never be assumod that the direction of a stream-will not vary from that indicated

by the ■ arrow. In the same manner :the rate of a stream constantly varies with circumstances, and the rate" g»ven on the chart is merely the mean of those found during the survey, possibly from very few observations."

The Court is far from satisfied that the vessel struck on Tom's Rock, but is unable from the evidence to definitely locate the scene of the wreck. Considering the undoubted presence of an exceptionally heavy flood tide, the Court is of opinion that the suspension of the master's certificate for 12 months wTlt meet the circumstances of the case, tout also, considering the anguish of the master and having no desire to ruin him financially, no order will be made as to costs. The Court desires to express its heartfelt sympathy with the relatives of those who have been* lost in this national disaster. His Worship added that every point was gone into, and whatever might be said as to the verdict, it was the honest. conscientious opinion of the Bench.

Mr Herdman: Will your Worship fix the costs of appeal ?

His Worship said he would fix the matter with Mr. Herdman and Mr. Myers in chamber?. He would take the question as notice of appeal.

Captain McArthur dissented from some of the .findings. He held that the master was justified in altering his course. There was heavy rain at the time. He altered his course from S.E. by E. to E. by S., and he considered Captain Xaylor was guilty of a breach of the regulations ("prevention of collision") in not moderating the speed of his vessel, although he did not think, taking the currents into account, this would have prevented the casualty. The cause of the casualty, in his opinion, was an exceptionally strong flood tide setting the vessel off her course. He did not think the casualty could have been reasonably prevented under the circumstances. The exceptional tide could not have been reasonably anticipated, and he did not think soundj ings would have been reliahle considering the vast differences in the depth of the strait at short distances. Soundings | would have been of material use after 'getting into the vicinity of Pencarrow. | THE CORONER'S INQUEST. I . . "VERDICT OF THE JURY. LIGHT ON TONGUE POINT. j (By Telegraph.—Press Association.) WELLINGTON, Monday. The following is the verdict of the jury concerning the Penguin disaster: — 1. That Mrs. Brittain and others came to their death by the wreck of the Penguin. 2. That the course laid down by Captain Xaylor would, under ordinary circumstances, have been perfectly safe, but was affected by adverse winds and contrary tides and currents, and having lost his bearings through the thickness of the weather, no lights being visible after 8.30 p.m., the vessel struck at 10.2 p.m. The Penguin struck upon some object the exact locality of which has not been defined, and became a total wreck. 3. That the conduct of Captain Naylor and the crew of the Penguin after the vessel struck was in all respects admirable.

4. That on the evidence submitted it is apparent all was done by the "Onion Steam Ship Company, the police, Mr. and Mrs. McMenamin und their men, for the care of the dead and the welfare of the survivors that could be done under the circumstances.

5. That, having regard to the number of wrecks in this vicinity, and with a view to preventing the recurrence of such, a deplorable disaster as the wreelc of the Penguin, and consequent loss of life, the jury is of opinion that a ligh.t on Tongue Point is desirable, and ite erection should be considered favourably by the Marine Department. 6. That the jury is of opinion that ; steps should be taken speedily to locate the hull of the Penguin. THE COMPANY'S ACTION. STATEMENT BY THE BELIEF MEASURES. " WELLINGTON, Monday. At the inquest on the bodies of the Penguin victims to-day, Mr. W. A. Kennedy, manager of the Union Company, by permission of the Coroner, read a report which he had forwarded to his head office as to what the company had dons in regard to the relief of the sufferers, and the care of the bodies. The report was as follows: —

I "On receipt of the news of the wreck at I five a.m. on the 13th inst., I telephoned to the police a request to send mounted '•men out at once, and with such comforts as they could convey, which the officer I in charge said he would do (via Island ißayJ, and I also specially requested that they should report the position of matI ters as early as possible. I then in- ' structed Captain Anderson to get the Arahura in readiness at once to go out j and search for any missing boats. 1 then commissioned the telephone exchange to ring up for a motor car wherever obtainI able, and meantime gave instructions to ' Mr. McNieol to get together a good supply of rugs, linen for binding wounds, I spirits, and food in readiness to forward by motor car to Makara, to be packed thence over the hills to Terawhiti. This I done I commissioned the postmaster at ' Makara to engage pack-horses, and eventually got the car away at about 8.30 I a.m., the delay beinj; due to the fault ot the garage people. This Car subsequently broke down on the road, and we had to dispatch another to overtake is. Mr. Stevens, assistant to Mr. McNieol, was in charge of this car, and my instructions to him were not to study expense in engaging labour or messengers, and to bring word to be telephoned to mc from JMakara bureau. Having made my preparations so far, I sent a special messenger to Mr. Stanley Wheeler fa nephew of Mr. McMenamin), who knows the Terawhiti district thoroughly, to ascertain his opinion in regard to packing any bodies on horseback, by road. He pointed out the extreme difficulty, owing to the nature of the country and the flooded condition of the streams, and I decided then that the proper method, if weather permitted, was to bring in the bodies by steamer in the meantime. As he was under the impression that timber would be available at tbe station for making rough shells, for the boaies, I decided to send out two undertakers by motor car, who could make the coffins, and, later on, hearing from the police department that they were sending out more constables, I offered the use of the motor car (which I had engaged for the undertakers) for their accommodation. At two p.m. Sergeant Murphy and the constables left for Makara with the undertakers. Shortly afterwards a telephone message reached mc from Mr. Stevens informing mc that the messenger whom I had dispatched back to Terawhiti in the morning, had met him on the road and informed him that all the survivors •were being well c*sws. for by Mr. ,Mc-

Menamin, but that ~_l bodies had been washed ashore. I instructed him to return at once, and push on with all speed to the scene -of the wreck, to do everything he considered necessary, and to report to mc at the earliest possible moment whether there was anything Which for the company's credit required to-be done.

"The next act in the tragedy was the arrival in town of the male survivors, but their information did not aid mc sin coming to a conclusion as to whether I could do anything more in connection with matters at the scene of the disaster, though I at once dispensed relief .to the extent of about £70. I waited all the afternoon and until late at night, without hearing any word to guide mc, from either the police, with whose local, office I was in constant communication by telephone, or from our own representative (Mr Stevens) at the scene of the disaster. In the meantime, hearing that the. Press reporters and a private journalist friend had returned on Saturday night. from the beach, I rang them lip and asked for any suggestion which would be of service to mc. All one had to say in this direction, however, was that it would be advisable to have more police on the spot, on account of undesirable characters having made their way out. He was not aware, however, th_t a second lot had gone out in our motor-car by way of Makara. He was, however, impressed with the extraordinary difficulty ot rjaclcing a large number of bodies overland, owing to the conditions described by Mr Wheeler, and which he had experienced to the utmost. A representative of the "Post" also informed mc that everything possible was being done. I decided then, to make assurance doubly sure, it would be well to send out a supply of canvas and needles and twine, for the purpose of enveloping the bodies for transport by steamer to town, in the event of timber not being available. I also decided to send the Terawhiti round on Sunday, in the hope that the weather would be favourable. On Sunday morning, therefore, I dispatched a motor-car to Makara, In charge of Messrs Tripe and Harbottle, of my office staff, with the canvas and provisions, and with instructions to report at the earliest possible opportunity from Oterangi.

'"Though the -weather was very unpropitious on Sunday morning, I decided to send out the Terawhiti, so as to leave nothing undone which might be of service, but she was unable to make a landing.

"At 2 p.m. on Sunday Mr Tripe rang up from Oterangi to tell mc that more assistance should have been sent out, as, although there were crowds on the beach, they were merely curiosity-seekers', and not disposed to assist in any direction, and also that a further supply of canvas was needed. Eventually the Commissioner of Police, who had been visiting the scene, rang mc up from Makara to inform mc that he was arranging to send the horses (which I had already mustered) to the beach at daylight, with a mounted force, who would pack the bodies into the town. i then switched him on to Dr. Eindlay; but feeling absolutely certain in my own. mind that the scheme, if it did not fail altogether, would prove a most difficult and gruesome task, I decided €o make another attempt with the Terawhiti, and arranged for her to leave here so as to reach the scene at daylight. To my intense relief, Oterangi" telephoned mc on Monday morning that she was collecting every body that was on the beach, and that she had her task practically completed before the mounted men reached the scene. By 1.30 p.m. the Terawhiti had returned to Wellington, an dat my suggestion arrangements were made for the vessel to go to Evans Bay "(Miramar wharf), where the bodies were disembarked into conveyances, and thence to the Bucklestreet Drill Hall for identification.

Mr Kennedy added that of the stores and rugs he had sent out to the scene of the wreck, costing £84, £29 had been received back in credit. He had also sent cabs to Island Bay to meet the survivors when he heard they were coming to town, but they arrived too late.

Dr. McArthur said that strange allegations sometimes reached those who had to adjudicate on matters. It was hinted, for instance, that the Union Company could locate the scene of the wreck in half-an-hour, and that it was a "long way from Tom's Rock.

Mr Kennedy said such a statement was absurd. The company had tried twice to locate the scene of the wreck and failed.