THE TARARUA INQUIRY.

Evening Post, Volume XXI, Issue 115, 18 May 1881, Page 2

THE TARARUA INQUIRY.

4 THE STEAMER'S EQUIPMENT. •THE POSITION OF THE OFFICERS. THB BENCH AND THE BAR. fUNITSD PSEBB ASSOCIATION.] Dunbdin, 17th May. The inquiry into the Tararua disaster was resumed to-day. Following are the principal points in the evidence : —Captain Cameron, marine superintendent for the Union Steamship Company, was re-called, and said — I look after the general equipment of the Bteamers owned by the company. I was on board the steamer Tararua on the afternoon of the 28th ult., the day on which she left Port Chalmers. She had five lifeboats. I think each of them in ordinary weather could carry thirty-three people, including the crew. The two aft boats 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 garry ten or twelve people. The other life* saving implements on board the ship were six life-buoys and twelve life-belts, which were in the cell locker, forward of the steerage. When I hut saw them the twelve life belts were cork packets. 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 Garrard in command of the 1 ararua. It would be perhaps a year ago. Myattontion, 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 cannot say on what date the ship was last swung. She was last swung 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 do not think the cargo would have affected the compasses. It is three months since I saw the lifeboats. 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 P Taking your carrying capabilities and everything into account, your figures make'lSo/ What is your answer to that? WitnessAccording to the carrying capabilities that I have given of tho boats oh' board the ship and the number of thGui, the boats would not have carried all the people on board at the time of the accident. Some discussion then ensued, in the course of which it was pointed out that Mr. Mills of his own knowledge only knew of 130 persons being on board, the rest of his estimate of 151 being made up from information gathered from the newspapers. Mr. Simpson, however, pointed out that the staamer was licensed to carry 224, and the boat accommodation was a long way under that. That was one point to which he wished to call the attention of the Government. Mr. James Mills having been recalled and examined, 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 ovidence that had been laid before the Court. If Mr. Smith thought that a oharge might belaid against any person, he should be given an opportunity in accordance with the Act of making an explanation. After considerable discussion, Mr. Smith said — Before I deoide whether it is advisable to address the Court or not, I submit it is reasonable to ask what the Court's 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 in asking the Court to deliberately say, first of all, whether they feel they can assume the power of dealing with the first and second officers, and calling them to answer a charge which is not yet made. When the Court comes to that definite conclusion, then it will be for me to see whether I shall address the Court on the evidence or not. — Mr. Simpsen — I will just say this : I give you an opportunity of doing so in case the Court do that. — Mr. Smith — I submit it is an unfair decision. It is calling upon me to fight with a shadow. I have no certain knowledge what these officers are charged with. — Mr. Simpson— l will go a step farther, and say it is within the bonndajjf possibflitr *hat"the«»«»eniß»y be implicated. — Mr. Smith— lmplicated in what?— Mr. Simpson— l do not know what these gentlemen's opinions are, and yet you are asking me to give a decision which I cannot- do yet. — Mr. Smith wanted to know whether it was intended to charge the officers with manslaughter. — Mr. Simpson — You know very well that this Court cannot make a charge of manslaughter. — Mr. Smith — What have Ito meet P Never, in a British court of justice, has such a demand been made upon a counsel representing persons. — Mr. Simpson said that in all previous enquiries in this colony such a course had been followed.— Mr. Smith urged that two wrongs did not make a right, and the sooner a reasonable construction was put on the Act to prevent such gross injustice being perpetrated the better. — Mr. Simpson — You decline, then, to take the opportunity I offer you because you are not charged P Mr. Smith said he did not exactly see that men should be called upon to answer a charge whioh was not made known to them. He submitted it was a cruel position to place them in. He argued that he had made a reasonable request to the Court in asking to determine first of all to Ray whether they took upoa themselves the extraordinary jurisdiction of putting those persons upon their defence to answer a charge which was not mode. 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 — The Court will grant a reasonable adjournment. After some further discussion. Mr. Smith Baid — Mr. Smith— What I ask the Court clearly to understand is this— whether they regard these two officers as charged with an offence — 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 that I wish an adjournment to meet that charge. — The Court at 4.45 adjourned until 2 p.m on Thursday. The following insurance companies have paid the amount of their policies on the Tararua :— Colonial, £3500; New South Wales Marine, £500; United, of Sydney, £500 ____._.