WRECK OF THE FOREST HALL.

Press, Volume LXV, Issue 13378, 20 March 1909, Page 10

WRECK OF THE FOREST HALL.

CAPTAIN'S CERTIFICATE SUSPENDED. (PRESS ASSOCIATION- TELEGRAM.) AUCKLAND, March 19. The enriuiry into the circumstances of the wreck of the ship Forest Hall on the West Coast, some twenty miles south of Cape .Maria Van Dieiuen, on Saturday, February' 27th, iv_ concluded this afternoon. The enquiry had been adjournexl from Monday last to enable particulars of the insurances to be obtained.

Captain Collins, who was recalled by the Court, stated in answer to Mr Kettle, that, he joined the Forest Hall at a Chilian port.

Mr Kettle: Did you know anything about the ir_urancv_ on the ships cargo and freight?— No.

Have you had any communication with the owners since you took command?— Yes, by letter. The correspondence consisted of the orders lor the. ship's movements and directions on various points. Witness stated that some letters bad also been received by Jinn iv regard te> tne voyage on wlncn he last emuaiKed, but tut**.- were missing. Ihey ha-ei apparently lieell leit on board the snip. He had also lost fcomo articles ot jerwellery, etc. iii.s correspondence had been kept in a tct of drawers in hi_ cabin.

-Mr SKcitou (to witness): Are you not aware that early on the morning ol February _7th your officers wore very apprehensive oi danger"'—No. Do you know that during the temporary absence of yourself the second olliccr ordered the man at tlie wheel to change the course a couple of I>oints? —.No; I never heard it till now. Did you not give orders the day befwe, during the second mate's watch, tc have the boats cleaned out in case you went ashore? —No; I ordered the boats to be cleaned out as they wen* lull of coal dust. Did you say the boats would be wanted during the night?— Certainly not. Is it a fact that during Friday night or early on Saturday morning you were under the influence of liquor?—No, certainly not. -Mr Mays: "What was the value of the ship? Witness: Anything between £5000 and £8000.

Henry Richard Spence, acting Collector of Customs for the port of Auckland, said that on the loth inst. he sent a cable to the managing owner of the Forest Hall, Liverpool, and on the following day receivtxl a reply saying that there was an ins_r_nce of £fesoo on the hull and £1000 on the freight owner, risk. In reply to a cable which he sent to the consignees at Valparaiso, ho was advised that the cargo was insured for £1750 and advances for £1150.

Mr Reed, addressing the Court, said the captain bad taken the blame on himself. He did not know whether the Court wanted him to deal with the suggestions thrown out that his client had deliberately run the ship ashore for tho purpose of getting the insurance. All he could say -was that if the Captain had done this, he had done it in the most stupid manner that could be conceived.

Mr Mays said she had never mado any such suggestion. Mr Reed : If I understand my friend, the Crown does not suggest any mala fides. Mr Kettle : That is so. Mr Reed : Well, I need not trouble to deal wiith that part of it at all. Counsel went on to say that as regards navigation, the captain admitted that he had committed an error of judgment, but what he (counsel) wanted tlie Court to take into consideration was that the captain was seriously ill, which circumstance affected his judgment. Had Captain Collins been in his proper senses, ho would never have gone so near tlie la.nd. •Mr Kettle pointeel out that the Court had had no medical evidence as to tho captain's condition.

Mr Reed .in reply said that the only medical evidence that could have been given would have been from observations of the captain when he was ill. He asked tho court, when coming to its decision, to take the illhealth of the captain at the timo into consideration.

Mr Mays said this was the first case over heard of by nautical mon of a ship going ashore on a weather sheer© in calm weather and in broad daylight. This was an aspect of the matter which could not be ignored. The captain, it seemed to him, had most certainly neglected every precaution which it was incumbent on him to have taken. Ho contended that the evidence showed sheer neglect to take the necessary precautions. The Court, after retiring for a quarter of an hour, brought in an unanimous finding. They found it very difficult to understand why the captain put the vessel on the tack he did when he had made up his mind to go either through Cook Strait or to the extreme south of New Zealanel ; but they wero further of opinion that tho evidence would not justify fliem in fineling that the wreck was due to the deliberate act of the master. They found, however, that the wreck was due to his grossly negligent navigation, viz., in standing to the land longer than he was justified in doing, and omitting to take soundings or any steps whatever to ascertain the depth of water. They further found that the chief officer was in no way to blame for the wreck ; on the contrary they were of opinion that if the captain had adopted the chief officer's suggestion shortly before the vessel struck, in all probability the elisaster would never have occurred. They were also of opinion that the ship" was seaworthy, fully manned antl equipped in accordance with tho law. They ordered that the master's certificate be suspended for two years, anel that he pay the costs of the enquiry. As regarded the return of the mate's certificate, they would leave that to the Customs Department, because they understood that would be the subject of a snecial investigation or enquiry. Mr Reed, observing that the punishment on his client was a very severe one. asked whether the Court would authorise the issue of a mate's certificate to Captain Collins, who had a wife and family dependent on him. Mr Kettle said Mr Reed could anply to the Marine Department, which could refer the matter to the Court, and the Court would report. They were not at all satisfied that the state of the captain's health had been such as he was unable "to look after the ship.