THE COLLISION IN THE WAIRAU.

Press, Volume XLII, Issue 6304, 2 December 1885, Page 7

THE COLLISION IN THE WAIRAU.

? BLENHEIM, November 27. The prosecutions arising from the eolli_£onof the Waihi and Mohaka took place fa the Besident Magistrate's Court to-day. Eckford was charged with not funding his whistle after dark, when 'leaving Opawa, being a navigable river, within the port of Wairau, pursuant to the iHarbonr Regulation 32, published on sth "lone, ISB3. The information was laid by Mr Hawley, Acting-Collector of Customs. Mr Sinclair, for the prosecution, did not wees for a heavy penalty, as Captain Eokford had already suffered heavily by the 4ea_ of the steamer; but he urged that steamers were bound to whistle at intervals after dark from the time they leave the Iwharf till outside the bar. Mr McNab, ;&r'the defence, admitted the whistle was «ot sounded until the collision took place, several miles down the river, but contended that the Btrict letter of the regulations required the whistling only just before crossing the bar, which must be strictly eonstrned as leaving the river. The 'twactice waß to whistle when within hail of tiie pilot Btation. Mr Allen, EM., held that the spirit of the regulations required mariners to sound the whistle when going down the river at bends and dangerous places, and he fined Capt. Eckford 40s and £% 9s costß. A similar cnarge against Capt. Manning for not Bounding tiie Waihi's wlustle. when entering -the o_A~ra river, and an irtormatiou against Manning lor not carrying proper lights, was postponed till Tuesday to enable defendant to bring technical evidence from Wellington. Notice of appeal waa given on behalf of rfypt-*- Eckford aa. a point of law. The esse ia said to he the first of the kind in the colony.