THE TARARUA DISASTER.

Daily Telegraph (Napier), Issue 3086, 18 May 1881, Page 4

THE TARARUA DISASTER.

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{ !4l ' K1.T.1! rl AI'H ) Dt/nkdist, May 17. The 'nravua inquiry was resumed to-day Mr Denniston appeared to represent th Collector of Customs. Mr Smith appeared for the first and second mates. Mr Simpson said that the Court wanted particularly to know about the charts used by the captain, and asked Air Mills whether he was able to supply any particulars. The Court, Mr Simpson said, must be in a position to answer all questions which might be put by the Board of Trade. Mr Denniston suggested that Captain Cameron would perhaps be in a better position than Mr Mills to supply the information required. Captain Cameron was accordingly recalled. He said :I am Marine Superintendent for the Union Steamship Company. 1 look after the general equipment of the steamers owned by the company. I was on board the steamer Tararua on tho afternoon of the 28th ulfc., the day on which &he lef !• Port Chalmers. She had five boats. They were life-boats. I think that each of them in ordinary weather could carry thirty-three people, including tbe crew. The two afterboats were of the same build, but were not fitted with cork. They carried about thirty people each. I would put the difference in carrying capacity between the fore and after boats at three people. The great advantage in the cork is when the boats get full of water. The dingy would carry ten or twelve people. The other life-saving apparatus on board the ship were six life-buoys and twelve lifebelts, which were in a cell locker forward of the steerage when I last saw them. The twelve life-belts were cork jackets. These were all the life-saving apparatus on board. She had the latest Admiralty charts. Ido not remember when the compasses were last adjusted. The last time they were adjusted was in Melbourne. I learned that from Captain Muir, who preceded Captain Garrard in command of the Tararua. It would be perhaps a year ago. i he standard compass stood on the poop deck, immediately abaft the skylight. It always stood then' since I knew the vessel —a period of four years. My attention as superintendent was never called to any irregularities in the compasses. Captain Garrard called my attention to the fact that the standard compass was quite correct. I gannot say on what date the ship was last swung, but 1 know it was in Melbourne, when Captain Muir was in command. I should say it was about twelve months ago, but I have this information only at second hand. I knew the particulars of the cargo she had on board when the Tararua left Port Chalmers on the 28th ult. Ido not think the cargo would have affected the compasses. Tt is three months a»o since 1 saw the life-belts. I was not present when Mr Nancarrow made a survey of her in Wellington three months ago. I cannot account for the absence of any mention of the life-belts in the declaration dated July, 1880.

Mr Simpson: It has been given in evidence that the Tararua had 151 persons on board. Had she boats to carry all the persons on board ? Taking your carrying capabilities and everything into account, your figures make 136—what is your answer to that ?

Witness : According to the carrying capabilities that I have given of the boats on board the ship, and the number of them, the boats would not have carried all the people on board at the time of the accident. The masts and sails and rigging were in good order when I last inspected the vessel. It is my duty as superintendent to hand the company's regulations for officers to the officers. I did not hand them to the officers on board tbe Tararua, but they had them before Ihey joined the ship. The second mate was supplied with a copy when he was on the Rotorua, and the chief mate got a copy when he was on the Albion. The Tararua was drawing 16ft aft and 14ft forward when leaving Port Chalmers. The news of the accident was communicated to me about 20 minutes to one o'clock on the day it occurred. 'I he steps I took were to wire immediately to Port Chalmers to get the Hawea in readiness. She was ready by 5 o'clock. That was the earliest possible hour by which she could be got ready. The apparatus on the Tararua for giving alarm were blue lights, rockets, and a gun. The Tararua was a strongly built vessel. She had never been lengthened. She was due at the Bluff at 7 o'clock on the morning of the wreck. We have an agent there who takes charge for the company. It is the duty of our agents at the different ports to report a vessel when she is overdue. I would have expected to have heard from the agent at the Bluff before eleven o'clock.

Mr Mills here stated that the vessel was so reported by their agent, who inquired at what time she left Port Chalmers.

By Captain Thompson : Captain Garrard informed me that the standard compass was correct. There was no deviation at any of the points. It is my duty to see to the loading of a vessel before she leaves Port Chalmers. All the crew were engaged loading on the 28th. All the crew are expected to be at work at the different ports on the coast at which our vessels load. There is an arrangement by which the men who have to work, immediately on going to sea get less work than the rest of the crew. The shore hands relieve them at one batch.

Mr Smith : [ have one remark to make — I understand your Worship to assume there is conclusive proof that the Tararua had 151 passengers on boord. Mr Hmpson : I have only mentioned it as Mr Mills estimates.

Mr Smitli: Of course Mr Mills' evidence may be divided into two parts. In one part he speaks of his own certain knowledge as to the exact passengers and crew on board—the other part is gathered from newspaper data. Mr Simpson : Mr Mills does not give his own personal knowledge, but has founded his statements partially on the newspapers, partly on the particulars he got from the company's different agents, and partly from letters, That, I understand, is the foundation of his evidence. His own personal knowledge only amounts to 130. The excess beyond that is gathered from newspaper paragraphs which he looked upon as reliable. Of course Mr Mills cannot tell us the exact number.

Mr Mills interposed that he had separate lists of those he knew lor certain were on board and those he had been informed of.

Mr Simpson : Then we will ascertain that.

Mr Smith : Ido not wish the Court to infer that there were 151 people on board when the vessel left Port Chalmers.

Mr Simpson :I do not know you have much to fear, Mr Smith. Here is the Government declaration for 224 passengers. Mr James Mills, recalled: Captain Cameron gave the proper hour at which the steamer was due at the Bluff. During the forenoon the agent wired to us that she had not arrived. The telegram was sent by our Bluff agent at 10.36 a.m. on the Friday. Our reply, stating when the ' ararua had left was sent at 11 a.m. I was not alarmed at all about the matter as T could not judge of the weather, and steamers are sometimes as much as 24 hours overdue in bad weather.

Mr Simpson said there would be no more witnesses called, and the only point now was in reference to Mr Smith's position— whether he wished to consider the evidence that had been laid before the Court. If Mr Smith thought that a charge might be laid against any person he should be given an opportunity in accordance with tho Act of making an explanation. After considerable discussion Mr Smith said : Before I decide whether it is advisable to address the Court or not I submit it is reasonable to ask what the real powers are. The Act is ambiguous in its terms. It is obvious that there is a very great difficulty, and I think I am reasonable

',r\ askinsr the Court to deliberately say first •f nil whether they feel they can assume the •ower of dealing with the first and second Tif-nvs, and calling on them t'i answ. r a ■barge which is not yet made. When the •'oiirt comes to that definite concluMon it •vill he for me to see whether I shall address he Court on tho evidence or not. Mr Simpson : T will just say this—l give you an opportunity of addressing the Court m the supposition that there tiro charges gainst t mates. 'Mr Smith: I submit it is an unfair decision. It is calling upon me to fight with fi shadow. 1 have no certain knowledge of what these officers are charged with. Mr Simpson : I will go a step further and say it is within the bounds of possibility that these men may be implicated. Mr Smith : Implicated in what? Mr Simpson : I do not know what the assessors' opinions are, and yet you are asking me to give a decision. Mr Smith wanted to know whether it was intended to charge the officers with manslaughter ? Mr Simpson : You know very well that the Court cannot make a charge of manslaughter. Mr Smith : What have I to meet. Never in a British Court of Justice has sucli a demand been made upon a counsel representing persons. Mr Simpson said that in all previous inquiries in this colony such a course had been followed. Mr Smith urged that two wrongs did not make a right, and that the sooner a reasonable construction was put on the Act to prevent such gross injustice being perpetrated the better it would be. Mr Simpson : You decline, then, to take the opportunity I offer you because you are not charged ? Mr Smith said he did not exactly say that. What he urged was that men should not be called upon to answer a charge which was not made known to them. He submitted that it was a cruel position to place them in. He submitted that he had made a reasonable request to the Court in asking them to determine first of all whether they took upon themselves the extraordinary jurisdiction of putting the mates upon their defence to answer a charge which was not made. If the Court came to that decision he should probably ask them to hear him on the evidence. To enable him to do this he would ask for a reasonable adjournment. Mr Simpson: Tho Court will grant a reasonable adjournment. Mr Smith : I require some definite charge to be made. After some further discussion, Mr Smith said : Will your Worship oblige me by saying what the charge is ? Mr Simpson: There has been some wrongful act or default on the part of the officers. Mr Smith : Which caused the wreck — is that the cnarge as made by the Court ? Mr Simpson : We are going to treat the charge as made. Mr Smith : Might I ask by whom ? Mr Simpson: I have given you my answer, Mr Smith, I decline to answer further. Mr Smith : I wish to know what I have to meet. Am Ito understand that the Court considers the first and second officers on their trial ? Mr Simpson : Not on their trial. Their certificates run the risk of being cancelled because they as officers of the ship have been guilty of a wrongful act or default. Mr Smith : Pardon me a moment. My duty is a Tory serious one, and therefore I want to know what I have to meet. I understand that the Court considers these two men on their trial on a charge of having directly caused the loss of the Tararua. Mr Simpson : We said before that their certificates are liable to be cancelled or suspended. They are not upon their trial. Mr Smith : What I ask the Court clearly to understand is this—whether these two officers are charged with having caused the loss of the Tararua by their wrongful act or default ? Is that what you wish me to consider ? Mr Simpson: Yes; we take the responsibility of saying that, without their being formally charged. That is what I intended to intimate. Possibly I failed to make myself clear. Mr Smith : It is the first time I understood it. I wish for an adjournment to meet that charge. Mr Simpson : Will you suggest till what time ? Mr Denniston : Say Tuesday. Mr Smith: Do I understand that my learned friend is coming here to support this charge ? Mr Denniston : Is there any reason why I should now undergo a cross-examination ? I most certainly intend to be here, and I can only say that I am very much surprised at the question. The Court at a quarter to 5 adjourned until 2 p.m. on Thursday.