THE TARARUA INQUIRY.

Evening Post, Volume XXI, Issue 117, 20 May 1881, Page 2

THE TARARUA INQUIRY.

STATEMENTS BY THE TWO MATES. CLOSE OP THE EVIDENCE. Dtjstedin, 19th May. The inquiry into the Tararua disaster was continued at 2 p.m. to-day. Captain Underwood, of the Rotomahana, deposed that in his opinion it would be ojiito safe to navigate past Waipapapa if a lightship were placed outside Toby Bock to the N.E. At present masters were apt to keep too close to the point in thick weather to avoid the rock. The dangers were very bad all round Bnapuke. He thought the lightship would be better than a light on Waipapapa or Slope Point. Kobert Lindsay, the first mate, waa recalled and examined by Mr. Smith. He deposed that Captain Garrard would not allow them to set sails by the winch, or to call out during the night for fear of alarming the passengers. He said that the officers should come aft on the bridge andlet him know when the vessel passed headlands, or ships, or other lights. Up to 4 o'clock on the morn- > ing of Friday, when witness' middle watch ceased, there were two orders in the night order-book — one to haul in the log at midnight, the other to haul it in at 1.30, and call the captain. There was no order to haul it in after 1.30 ; the log was hauled in at 1.30, and the captain was informed that it showed fifteen miles from the Nugget light. By Mr. Simpson — There was no general direction to the effect that it was the duty of the officer to haul in the log every two hours. Witness never before saw the circular letter produced dated November 25, IS7B (addressed to captains of vessels by the managing director, Mr. Mills). He now learnt for the first time the instruction " Order to be given to officers

in charge of the bridge as to stopping the vessel, without waiting to consult the captain, when having any doubt as to the safety or I the steamer." In reply to further questions it was elicited from the witness that Captain Garrard' a instructions were not contrary to the order quoted, and that ho (witness) did, on one occasion, on his own responsibility, stop the vessel to avoid a collision. Captain Garrard was in charge then, and did not say anything. In answer to the Court, witness stated the amount of work performed by the officers and crew previous to starting on the trip adding that they were by no means overworked. Coining from Melbourne he and tha captain used to compltre their observations every day, but coming down the coast they were too busy to^do so. Edward Maloney, the .second mate, deposed that after he took charge of the deck at 4 o'clock on the morning of the accident, the captain did riot ask him to h»ul in the log. It was about ten minutes to 5 when he told the captaur for the second time he fancied he heard the breakers. It took him five or six seconds to go to tho captain's cabin. He only fancied he heard the sound of breakers, and did not then consider they wero in immediate danger. When he came on deck at 4 o'clook ne thought by* the course given that they were off Waipapapa Point, because they generally altered the course there. It being a hazy morning he did not expect to see Dog Island light for three-quarters of an hour after passing the point. After passing Waipapapa, the course wa3 perfectly clear. The man at the look-out ought to have Been the breakers a little before witness did. They trusted him to a considerable extent, but did not depend on him altogether. Mr. Smith then addressed the Co"nrt on behalf of the mates. He pointed out that the tWo officers he represented had been placed in a most anomalcWs position through the views which he understood the Court to ¦takt on account of tha very ambigtious language of the Act, and the position was rendered more anomalous by the oonduot of the connßel representing the Crown. He had perused what took place in Court recently, and found that counsel distinctly stated at one stage of the proceedings that no* charge was made tvgainst anyone. Mr. Simpson— Certainly, that Mr. Denniston made no charge. • Mr. Smith wont on to say that counsel for the Crown had stated that So charge -waa made, and to that doctrine the Court gavvj*' tacit consent. This was at tbe time that he objocted to the reading of a telegram sent by the late Captain Garrard to Mr. James MUIb. His Worship had considered that the proceedings would have been stultified if theße officers were not put on their trial. With this rule he (Mr. Smith) did not agree. He held that the object of the inquiry was, to find out the cause of the aCoiderit^ With the view of preventing like occurrences in the future. Mr. Simpson granted that there was great ambiguity in the Act, but the Court had followed the practice in England and the oolonieß in similar circumstances. Mr. Smith said tbat it he were engaged in any more cases of this kind he would risk all' the pains and penalties of the Aot, and insist ¦ on his clients keeping their mouths shut. He then proceeded to traverse tho evidence given at some length i Mr. Chapman, dn behalf of the relatives of Captain Garrard, followed the same direction, and during the course of his remarks said it was very easy for newspaper editors sitting in easy chairs to throw the blame on the management of the ship, and shotf how" 1 ! easily in their opinion such a casualty could be aroided ; but he hoped the Court wonld have discovered from the evidence given that it was much more difficult than editors^ imagined to arrive at the real cause of the* disaster, and to say definitely what should have been done to avoid it. The Court rose at 5.30 p.m., Mr. Simpson j intimating that lie would give notice wheh they would sit again to deliver judgment. This Day. The Tararua decision will probably be given this day week.