THE ROBINA DUNLOP ENQUIRY.

Evening Post, Volume xv, Issue 202, 29 August 1877, Page 2

THE ROBINA DUNLOP ENQUIRY.

(Before the Hou. J. Johnstou, and Mr. J. G. Holdsworth, J.P.s, nnd Captaiu Joliumju, Nautical Assessor. The Court delivered judgment at 11 a.m. in the case of the Robina JJumop. After reviewing the evidence and commenting upon the various discrepancies as to Course, distance, time, &c, and remarkiug on the facts— (l) that whereas Captain Graham estimated the • distance run at the time of striking at about' uO miles, the actual distance was 06 miles, although the vessel must have been set buck fully 7 or 8 miles by the strong adverse tide, therefore must have been going fully 8$ knots instead of 5& knots, a difference winch any seaman ought to have perceived; (*2) that although Captain Graham stated he had hauled in the log several times, the steersmen, who were in a position where they could hardly have failed to see him, yet did not see him do it, and (3) that Captain Graham must have been aware when he hove the lead tlmt if he got bottom at that place the ship units t have been in extreme danger — proceeded to deliver judgment as follows i — " We are of' opinion that the vessel was lost through the culpable negligence of the master In not paying greater attention to the navigation of his shin, particularly with reference to the .course and distance run, and not taking , proper soundings. Wo are also of opinion that the chief officer is highly blameable for not having paid proper attention to the course made and the distance run. The Nautical Assessor fully concurs in the above report. Having decided that the ship was lost in consequence of the culpable negligence of the master, John Graham, the Court decides to suspend his certificate for two yenrs, and expresses its opinion that the chief officer, George Yon Schoen, merits severe censure." Mr. Stafford, without wishing to press for costs, asked if the Court would make any order. The Court expressed the opinion tliat, iv accordance with the usual practice, the costs should be paid by the Crown. Mr. Quick asked the Court to express t>omc opiuiou as to the effect of its judgment on Capt. Graham's certificate as mate, an, if flic latter also were suspended, he would bo deprived of all means of livelihood, unless hd went to sea before the mast. 4 The Collector of Customs said that tlio Board of Trade had decided that the cancellation of a captain's certificate involved that of his certificate as mate nlso. Mr. Quick pointed out that in this case it ' was not cancelled, but only suspended, and possibly, had the Court considered that ouc involved the other, a lighter scntenco might have been passed. Mr. Stafford suggested that the 10th section of the Act would meet the difficulty, iis it empowered the Governor to issue a lower certificate iv lieu of that saspcuded. Tims Captain Grahaui.could petition his Excellency accordingly. The Court assented to this \ie\v. Mr. Stafford wished to call attention to one more point. The Collector of Custom? at Wanganui, in forwarding the evidence taken at the preliminary enquiry on tlic spot, had appended an opinion ot his own upon . the case, completely exonerating Captain Graham, who, if he had depended upon that as clearing him of blame, and had allowed his witnesses to leave, might have been placed in a serious difficulty, and no doubt the present decision of the Court, after such a strong gratuitous expression of opinion from the Wanganui Collector, would lie a great blow to him. He asked the Court to express disapproval of the conduct of the Collector in thus exceeding his duty. The Court held that to be no part of its duty, but to rest with the head of the Customs Department. This concluded the business, and the Cout t tJieu rose.