PENGUIN INQUIRY.

Dominion, Volume 2, Issue 435, 18 February 1909, Page 6

PENGUIN INQUIRY.

ITS SCOPE DEFINED. / PROCEEDINGS ADJOURNED TILL MONDAY. ' The,inquiry,into: the'wreok, of tho Union .Company's; steamer Penguin' on. Tom's Rock laßt';'Friday' night was ,'opened: at; the Mag- ! istrato'a : Court yesterday morning,' b'eforo :Dr. M'Arthur,. S.M. (president) i and Captain Charles M'Arthur, : of.•■ Wellington, and •Captain William, John Ilced, of Auckland, 'sitting as assessors. ' -.- ; Mr. H. D. Bell} K.C., ropresonted tho Marino Department, and had associated witli hirii ! Captiin ; Smithy as nautical adviser:- Mr: iT.'vMi '.AVilford r appearfed Ton behalf of - the Union Steam Ship Company£. and-';Mr.:; A;' L. ;Herdman-appeared for Captain F. E. Naylor, lat-o master, and for Mr. W. W. Luko, late .second 'engineer::of tho. steamer Penguin. ' • ' .. ; : Basis of Inquiry Outlined. , v .The,following report : was. submitted tb. tho parties by tho Court ; - Tho 8.9. Penguin left Picton for Wei- : ;/lington ; -on-' February' , 12, 1909] at or, ' ' ,'aboiit;' 6.20;'.p.m':,' and : ■. was ' wrecked:: on'" • or.'near Tom's Rock at or about 10 p.m.' ■ • -The-' vessel carried a crow of 44 : or .there'- ' ■ abouts, and so far as is knowii, 63 pas-' -'P.'sengefsV:;; Boats'jand rafts';wefb |got; out ' ; .;fcafter^the r .yesMl' , struckV'Hhe : - - rafcs ) after ::; : :;much '.difficulty; and tossing about,. reach-, ing tho shore, but all tho boats' were ; . destroyed. So; far as -is known, the lives • ;;of-.-,'about 77 persons ,wore; : lost',' as', thei result. of' tho casualty.. ' .' . The Matters to be Decldod. . -Tho questions submitted by. tho Court .were as follow, V ;i v • ;:v. .. 1; Whet-hor- tho said vessol .was sea'worthy and properly found, particularly •in regard to the .lifeboats anil other. life- ; j saving, appliances,: and- whether such, ap- > pliauces>iWere : 'su(ficient..,and; effioierit, and . . and; whether.:boat-'-. • drill . was .properly carried out .on the . c , .saSd. vessel : r ;;;.;; > 2. Whother'. under the existing !• i weathorVrCoriditioris.'it was safe, and proper for the said vessel to . sail froiri Pic—. ton or from tho head of Tory Channel, or whother, when sho reached tho.' head of Tory Channel or afterwards; shelter - should have been sought instead of tho .. ;i Avessol's..bourse' to - AVbllirigtori' being, con- . • ' tiuuea? . -.. V.-; '• •3. Generally, what was tho causo or ! .(■Jwhat; were 'the: causes; which.^;the: said; - ;' : 'oasiialty'\was;'duei' ' i. In. particular, whether tho said casualty was duo t0,,0r contributed to,' by tho negligence or wrongful - act, or default-, of any person or.'porsons on tho' said vessel, and, , if so, who were siich . person.Jo'r persons and what was tho lihturo'of such negligence,'wrongful act, or default? *. ;Ui7: r'vvv -.--'V..- " : f . .5. Could t-ho said casualty reasonably ; havo.becn prevented, and, if so, how? '6. After the casualty, .were all reason-.; able and proper precautions taken to prevent, loss of life, and if iiot, :what /."precautions that ought to havo been .. taken,•• wero. omitted? '-. ' -Reasons for Adjournment.

///Mr:' Hbrdinan" pointed-out', that the. notices regarding 'the inquiry issued, pursuant to the', provisions;, of the' 'Shipping and Seamen's Act-had been- served on Captain Nay-;lor-'and '-MT.uLiike;'aß;'late as 5' o'clock on the ' previoiis afternoon. ' Tho Court would recqgriisb;;that ;-the-'/inquiry/was, : .:obviously,; of : - vcry great; importance to Captain Naylor; and it was highly necessary that his counsel; should be' properly/ iristrubt ed Ho (Mr. ,-Hordman) had only returned from ;Nelsori'-at : AJq'cibbk : 'to mbfriing,/ arid/had' /had.-Van of ■; seeingCaptain; Naylor; until : within an hour of tho opening of the iriquiry. In * the . short - spape ;of timo available, it/ Jiaid' •' not been possible for • hirn'; .to.; become' .thoroughly, iah-quainM'-:with;:thb:facts of'.-this /niifoftuiiate disaster, and lie .wovdd apply, for an adjonrrinient. It was necessary-that-lie'should ■have; thb whole -of tCaptairi. Naylor's; r sto'ry/ ;be'fbrb:;'ho/;cbuld expected : to/appear!, ; iri. his behalf. ' Of necessity, the inquiry could ■nbt'-Vba.Vlinrriedi^mo/-iniist:-^be/ ; takon for, it; arid; the;whole of:- the'faots,and/.the-oiroam-!' istances/surrounding "the wreck iriust he closely lind fully investigated, no would ,bb : imder:;a',disadvaritage t if compelled, to go, on that-morning'. ' • ' • / .-

;Mr. Wilford. stated that iat 4 - o'clock on the'. tile ■ Union Company of ...the psp,; »', : Hfy'V;received .telephonedr instructions. W:take%p (tie, 'dase,'i : but ' had. not' yet, .been lingt^\nißnaigefi ; . , ''Mr.'''\Ken , iiedy.'..'Therefore' he . had'' absolutely no instructions :as 1 to . the',' dt:,!.was : for-him to" So^Jpf( l ttliet-'<4S^j''-ahd'' ; it/;Wpidd' ;;bo;jim-\ .'the- company.to ; nny advimtago • unless he had an' opportunity of. discussing tho statement. The! Marinb 'Department; might ' see.: the'necessity of calling somo of tho witnesses'.without tibliiy,' .but, heoirgel .that, no evidence, should, .be'taken that day. As a barrister the president J would.'know v .■utterly;,'powerless 'to cross-examine. : If! counsel were not seized-.pf. the facts of ..the ease;. ; 'it'.wduld;;.meih'V considerable! loss, fof ;tim'6.' Ho . would suggest that tho . inquiry be opened ;for 'ihe:?akihg .'of Gvidence'on'.Mbriday. . Mr. 801 l said that hp'would not have been !prPpared'''to> ,accede ;to the- requestj: because ;thi3re. ; .was'.inp : '> reason. why the' >,Union-'Com-pany'should not; always be ready in' matters. 'off thisr kindj-jbut.'ha was. iinable- to" resist' the.application; ;'made on behalf- ; of ■ .Captain Naylor. -

Dr;;M'Arthurremarked that. he was yoic- , ing -not only? his: own, opinionj but that of- ; his. • two. ; colleagues,' when ■ he. ; said that ■ the 'Court, -as, now,! constituted, liad;. the. utmost ;desiro to 'give' -.Captain'.'.Niiylgr! every, 'opporr. ! tunity to prepare . his; statemfeht:'. ,'of • what took- place at 1 , the. time;: It was out of consideration to 'Captain :Naylor's'.feelings :.that had! been anxious !tp;.get. t'tli'e -'inquiry on ;as soon! as''possible, ■;in;prder'that : of suspense-in which the captain must be at present should extend over as small ; a period as might be. If Mr. Hordman ; could indicate when'/he would bo ready, to go on, the Court would probably fall in with his: views; . -a After-consulting ;with '.Captain.Naylor, Mr.': ;Herdman suggested an 'adjouniment 'uiitil ii'nday. iWilford . ! asked !tli'at the inquiry : ; sh6uld :, be". resumed'.on Monday;; : . . . - . Mr. Bell agreed to an adjournment "until Monday. In that case,,.' lie. added,there, would. bfc no broken day. • -,/.• Dr. M'Arthur said that this would .suit all 'parties. ' Captain M'Arthur .had told 'the :Manrie .'Uepartment that lie was. urgently, re-, .(juired:-on'Friday, afternoon.' When ( a commencement, was made on Monday, tho Court could guarantee! to; go straight ahead. ; . /.The inquiry .was therefore adjourned 'until 10. o'clock on .Monday morning next, and; .at the, request of Mr. "VVilford, Dr. M'Arthur.; instructed ' witnesses that: their attendance would ! bo required at', that hour. He further- advised them that for any loss of time which:might bo suffered, they .would be .recompensed. '.'Wo will see," ,he added,, "that you. are put in the . samo. position;.as if. you were at work." ■ ;! - " .-

REMEMBERED,

One of tho saddest incidents in connection withthe .Vreck was tho drowning,of the' four Maguire . ohildron. Two of .' them had ' been attending! on' 6 of tho State; sohbols in ' Nelson ;and two another, and when the news reached '.Wellington thit'' 1 they had perished . the -children'•■of each school subscribed £2, with which money wreaths of immortelles were pur.'chased;' and .forwarded by the Arahura yesterday to bo placed on their, graves. - ' ■ Mr. Edward Coumbo,: who was drowned, is a native of I'aro.i, near Greyinouthi' Ho !'was,'3o years: of- age, and was married' less than two years ago to Miss Mar,y Brown, only daughter; of 1 'the late Mr. Archibald' Brown, ;'ono ..'of • Greymouth's- pioneer settlers! The .deceased: was employed at: Messrs. Kettle ißros.j.Greymouth,. for .the. past 'twelvo years.: