THE WRECK OF THE DEVON.

Press, Volume XLIX, Issue 14761, 3 September 1913, Page 10

THE WRECK OF THE DEVON.

MARINE COURT DECISION. ■ CAPTAIN TO BLAME. SUSPENSION~FOR THREE MONTHS. j CPRES3 ARoOCIATION TELEOiUJI.*t WELLINGTON, September 2. The finding of the Marine Court which enquired into the stranding of tho Devon was delivered by Dr. McArthur, S.M., to-day. The result of the investigation was the suspension of Captain Caunce, master of the Devon, for three months, with an order that ho should pay the costs of the enquiry. Captain Black, ono of tho assessors, dissented from the suspension, being of opinion that the payment of costs would | be a sufficient penalty. The answers to the issues were as follow: — (1) What was the cause of the strand- j nig?—The cause of the stranding was I that tho way was not taken oif the | vessel so as to allow of hor being handled expeditiously in narrow waters that the master mistook tho lights/and that tho vessel was navigated too closely to tho Pencarrow side of tho entrance. (2) Was the stranding due or contributed to by the negligence or wrongful act or default of the master?—The stranding was contributed to by the default of the master, who was a stranger to tho port, in not having made himself acquainted with tho leading lights of the port, and when these were obscured by the squally conditions of the weather prevailing at the time, and in not heading tho vessel out clear of the land to await clearer weather, or daylight. Io judge from the master's own evidence as to his bearings, he did not, aa he thought, open up the whito sector of the Somes Island light. The certificate of Captain Caunce would be suspended for three months, and he would be ordered to pay tho costs of the enquiry. . His Worship stated that Captain Black dissented from the suspension, as he thought that an order fo r the payment of costs would be sufficient penalty. , The costs amounted to £16, made up as follow:—Assessors £8 Bs, witnesses expenses £4 9s, solicitor's fee £3 3s. The following protest was forwarded to the Minister of Marino on Monday by Mr M. Myere, counsel for Captain Caunce in the enquiry: — ' "On behalf of Captain Caunce, the master of the s.s. Devon, and on his instruction, I have to take the strongest possible exception to the appointment of one of tho assessors appointed by you to enquire into the circumstances of tho stranding ot the vessel. The pssessor to whom objection is taken is Captain Felix Black. It is respectfully submitted that to appoint in a case of this kind a coastal pilot is manifestly unfair, because it is presumably t<» the interests of coastal pilots that every ocean vessel should engage a pilot travelling along the coasts of the Dominion. "It is not for a moment suggested that an assessor who might be a coastal pilot would be consciously affected by such a consideration, but surely the consideration might affect an asaeMioiwith an unconscious bias. But in the present caso there is a further reason why the appointment of Captain Black is taken exception to. When Captain Caunce was in Auckland he received a letter from Captain Black offering his services as coastal pilot to bring tho vessel down from Auckland at a fee of, I understand, £21 10s. Captain Black's service were not made use of. and Captain Black is now appointed to sit aa an essessor to adjudicate upon Captain Caunce's navigation. "Again, it is not suggested that Captain Black or any other person in his position would allow such a consideration to consciously affect him, but is io not reasonable to think that Captain Black's natural inclination of opinion might bo that the accident would not have happened if his services had been avniled of? Such" a view might be calculated to unconsciously affect Captain Black's judgment. Unfortunately tha objection oould not be made in time to emable it to be ooß«id»r*d by you with a view to come other asuewor being appointed. It was not until this (Monday) morning that the names of tho assessors were announced, and the enquiry commenced at 10 o'clock to-day." Mr Myers, as counsel for Captain Caunce has now applied to the Minister of Marine for a re-hearing of tho case. The application . is made under section" 243 of the Shipping and Seamen Act, 1908, which provides that the Minister may order that the case shall be reheard either generally or as to any part thereof, ll) if new and important evidence is discovered which could not be produced at the investigation of enquiry, or (2) if for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred. The ro-hearing may be ordered to take place either before the Court of authority by whom the caso was first heard, or in the Supremo Court. NO NE*,V~ENQUIIIY. MINISTERIAL DECISION. (srECIAL TO "TIIE PRESS."). WELLINGTON, September 2. The Minister for Marino (the Hon. F. M. B. Fisher), has decided not to comply with the request for a re-hear-ing of tho nautical enquiry into the wreck of the steamer Devon, which was forwarded to him by Mr M. Myers, Counsel for Capt, Caunco at the enquiry. Mr Myers, in applying for the rehearing, repeated his protest against Capt. Black acting as assessor at the nautical enquiry. Mr ' Myers stated that Capt. Black had applied to Capt. L'aunco lor tiie appointment of coastal pilot to bring the Devon down from Auckland, and submitted that apart from this tho appointment of a coastal pilot in such a caso was not fair to the persons whose conduct was beiQg enquired into. Mr Myers further submitted that the finding of the court tliat the "Devon" never came within the white sector of the Somes Island light was absolutely contrary to the evidence of all the witnesses who wero called from the ship, and that it was not even suggested on belialf of the Department during the whole of the proceedings the witnesses were not speaking the truth whon they said that the vessel came aud travelled for some distance within tho white sector, of Somes Island light. Tho Minister, in reply said that reviewing the circumstances of the case he regretted that he was unable to comply with the request. '•Replying briefly to the particular points raised in your letter," he says, "i may say that neither the secretary of tho Marine Department nor myself had any knowieuge at tne time of Capt. Black's appointment, or of any private correspondence or negotiations which had passed between Capt. Black or Capt. Caunce. In any case this point does not appear to mc to materially affect the case, since the finding of the Court was arrived at without the concurrence of Capt. Black. May I point out further that Capt. Black, tc whose appointment you take exception, was the member of the Court who dissented from the findings with regard to the suspension of the certificate. It appears to mc, therefore, unreasonable to suggest that a re-hearing should be ordered on tho grounds that the tribunal was in any way prejudiced against Capt. Caunce. (signed) F M B. Fisher."

THE WATERSIDE WORKERS. AN AT. (PKSSS ASSOCIATION TELEGRAM.) WELLINGTON. Sptember 2. A settlement was reached this afternoon in the dispute with the waterside workers over working the salvaged cargo from the wrecked steamer Devon. Tho Harbour Board held a special meeting and had a lengthy discussion with the watcrsiders' union deputation, the result of which was that a sub-com-mittee of the Harbour Board 'was appointed to approach the shipping companies interested. This was done, and eventually an agreement was arrived at, which the watcrsiders' representatives subsequently ratified. The terms of the agreement are that the men engaged on salvage work aro to receive 3s an hour from 7.30 a.m. to 6 p.m. from wharf to wharf. After 6 p.m., pay is to be at the rate of 6s an hour. The Harbour Board meets to-morrow to consider the position of its permanent employees, who yesterday refused to handle tho salvaged cargo at the wharf, and who are still under suspension. The work of discharging the salvaged cargo from the steamer Awaroa and scow Echo was resumed this evening.