NAUTICAL ENQUIRIES.

Evening Post, Volume XXI, Issue 119, 23 May 1881, Page 2

NAUTICAL ENQUIRIES.

There is one feature about the Tararua enquiry which has assumed considerable prominence as affecting the mode of procedure at such investigations. The enquiry was held touching the loss of the steamer, and all persons able to give any evidence bearing on this matter were compelled to do so under the pains and penalties of contempt of Court. No criminal charge was oS&oially made against anybody, and so a large amount of evidence was taken which would have been wholly inadmissible had this been the case. But as the proceedings drew near their close, it became abundantly clear that there was a possibility of some charges — that is, of carelessness or negligence — arising outof the enquiry, and Mr. Smith, who attended as counsel for the first and second officers of the lost ship, to " watch the case" on their behalf— as it is somewhat vaguely expressed — asked the Court to define its position in relation to tho officers, in order that he might know what line of defence to adopt. The Court held that it had tho power, under the Act and according to regular usage, to cancel or suspend the certificates of the officers if it should deem them guilty of default. This, it may be observed, is the invariable practice, and we do not recollect its being previously challenged. When a ship is loEt an official enquiry is held, and if the evidence indicates default on the part of an officer he is punished by cancellation or snspsnsion of his certificate —in othgr words, by either the total or temporary deprivation of his means of livelihood. But Mr. Smith pointed out with much force — and the C^nrt, while upholding the Act, entirely agreed with him — that this placed officers in a position of peculiar hardship. They were compelled to state all the circumstances within their knowledge under penalty of committal for contempt if they refused to disclose everything, and of prosecution for perjury if they gave any untrue evidence or coloured their deposition so aq to favour themselves, whi'e they were also liable to severe cross-examination at the hands both of counsel and of the Court. He contended it was most unfair that an officer should suddenly find himself m the position of a defendant through evidence which could not have been used against him .had a definite charge been made at first, instead of being gradually formulated out of the evidence. This resulted in the officers now finding themselves under an "implied charg) built up out of testimony, some being doubtful as to value, and quite inadmissible under the rules of evidence which govern the conduct of c, criminal prosecution, it will at once be seen that this does involve a serious hardship to the officers whose professional reputation and means of livelihood

are both subject to the fiat of a Court which is not fettered by the rules of criminal procedure, because it is not necessarily certain that.it will have any charge to adjudicate upon. The only remedy seems to be an amendment of the law in the direction of providing that in all such enquiries the officers, whose certificates depend upon the judgment of the Court, shall be considered to be under a charge of causing the lo3S of the Bhip by their own default — which is practically implied by the surrender of their certificates to the Court, pending its decision—and that they shall therefore be entitled to the customary protection in regard -to the admissibility of evidence and nonliability to compulsory self -crimination.

To-morrow, being the Qnean'a Birthday, tho Evbniho Post will not be published. The deputation appointed by the late public meeting at Carterton to interview the Postmaster-General and protest against the removal of the Post and Telegraph Offices te the Eailway Station arrived by the first train from Wairarapa this morning, and were introduced to Mr. Johnston by Mr. Bunny, member for the district. Mr. Bunny pointed out the inconvenienae which would arise by the removal of the offices in question, and was followed in the same strain by Mr. Fairbrother. The Postmaster- General expressed himself as satisfied with what he heard, and informed the deputation that the offices would not be removed. The deputation then thanked the Minister and withdrew. The s.s. Zealandia, with the London mails of the 2lBt ultimo, left San Francisco, for Auckland, on Sunday, the Bth instant, one day after timetable sailing date. The s.s. City of Sydney, with the April colonial mails, arrived at San Francisco on the 18th instant, one day in advance of timetable date. The following gentlemen wera nominated to-day for the office of auditor for the city of Wellington^: — Messrs. W. Bishop, jnn., H. Elliott, E# Kersey, W. Le Cren, J. W. ■Stevenjagofand W. Widdop. The election, ta fililrae*wo vacancies, takes place on the Ist June. A meeting of the creditors of "William Bennett Allen, farmer, of Taratahi, was held at the Supreme Court buildings to-day at 12.30. The debtor's liabilities, aa filed, amounted to £2020 14s lOd, and the assets £2434 8s 6d. The largest creditors were the New Zealand Loan and Mercantile Agency, £1500 (secured) ; Mr. George Allen, £225 ; Mr. T. Bay, £100; Mr. E. J. Allen, £80 ; and Mr. W. Francis, £50. The assets include the value of a farm at Taratahi, £2000; book debts, £133; and the value of stock, implements, &c. Mr. Quick, who appeared for the debtor, said the cause of Mr. Allen's insolvency was this — The debtor had made a mistake by giving nearly double the real valae of the farm purchased by him during the " good times." His father had endeavored to help him, and would be one of the largest losers by the occurrence, except the debtor himself, who was utterly ruiued. Mr. Greenfield presided, and Mr George G. Wills was unanimously elected creditors' trustee. A meeting of the creditors of Long Bros, was held at Picton on Friday, when the debtors (who, it may be remembered, were arrested at Wellington on suspicion of being about to abscond) were submitted to a severe examination. The proceedings were ultimately adjourned till next Friday. A large number of persons have visited the Police Station during the past few days, for the purpose of inspecting the photographs of Seymour and Grant, who, in February last, committed a series of highway outrages near Edinburgh, and whose movements in these colonies the Home detectives are anxioua about. Seymour — the one who shot himself — has been identified as a man who arrived in Wellington about two years ago in the ship Fernglen. Both Seymour and his companion served in the Armed Constabulary, under Major Goring, on the Waimate Plains, and subsequently they served in the police force for a further period of nine months, Seymour under the name of James Waring, and Grant under the alias Dennis Donovan. About September last they left Wellington together in a collier bound for Newcastle, with the view of proceeding to Sydney. From Sydney, it appears, they went to Melbourne in the steamer Ly-ee-moon, and thence to London in the ship Melbourne, as previously narrated. On Saturday afternoon a valuable gold watch was presented to Mr. W. France, late of H.M. Customs, on his retirement after over 16 years' faithful service. The presentation was made by Mr. H. S. M'Kellar, Acting-Secretary of Customs, who referred in terms of high eulogy to the estimation in which Mr. France had always been held by his brother officers. Mr. France responded in appropriate terms. The watch, which was one of Rotheram's best gold hunters, waa purchased from Mr. Hislop, and bore the following inscription engraved on the inner case: — "Presented to Mr. Wra. France, on his retirement from the public service of New Zealand, by Borne of his brother officers. Wellington, 21st May, 1881." Mr. John M'Lean, of Wellington, contractor, is suing the Patea County Council in the Patea District Court on two claims for balance of contracts on the Mountain Boad He claims £1566 5s on contract and extras for certain sections of road, admitting there had been payments on acconnt, but claiming on the whole and leaving the Council to prove a set-off. The Council's defence to this is a payment to the extent of £875, and a set-off showing cost of completing the plaintiff's incomplete contract, and a penalty for over-time. Mr. M'Lean claims £500 on a second contract for a farther portion of road. The Council's defence to this is a total denial of contract and of indebtedness. Mr. Stafford, Wellington, is counsel for the plaintiff, Mr. Hamerton appearing for the County Council. The case, according to Thursday's Patea Mail, was not then concluded, and Was likely to last some time. Mr. M. O. Hickey announces in our advertising columns that in consequence of his nomination as a candidate for the city auditorship not being deposited in time to-day, he is unable to contest the election. It is notified that in consequence of the 24th inst. being a public holiday, tenders for the erection of a new school at Masterton, and for sheds to the Terrace School, will be accepted if left at the Edncation Board office before 10 o'clock on Wednesday morning. A correspondent points out to us that the hour for which his Excellency's levee takes place to-morrow — 12 noon — precludes the possibility of anybody attending except at the expense of sacrificing the holiday altogether, and giving up the chance of a day out of town. The writer expresses a hope that under these ciroumstances hh Excellency wlil not attribute a thin attendance to any lack either of loyalty to the Queen or of respect to himeelf. At the Theatre Eoyal to-night, the Simonsen Opera Company will commence their season of six nights. Balfe's "Satanella" is announced for production this evening, with Miss Martina Simonsen in the title-part, and Signer Bianchi as Count Rupert. This opera has not been performed in Wellington since the time of Allen's Company, about six year 3 ago, when Miss Alice May was the prima donna. The tariff of prices during the present season has been reduced. The performance to-night will commence at the ordinary hour, eight o'clock ; and to-morrow evening, owing to the unusual length of the entertainment, which will consist of " Mari. tana" and a grand concert, the curtain will rise at 7.30 p.m. The annual meeting of the Wellington Eugby Football Union was held at the City Buffet on Saturday evening, Colonel Pearce presiding. The delegates present included representatives of the Masterton, Greytown, Wellington, and Athletic Clubs. The annual report and balance-sheet were read and adopted. The latter showed liabilities amounting to abont £5. The former referred to the fact that although the Union numbered only four cluba, with a total strength of perhaps less than 100 members, yet it had been successful in both of the interprovincial matches (against Otago and Canterbury) Inst year. Eegret was expressed that the Wanganui and Rangitikei Clubs held aloof, thereby placing the Union in an inferior position to the similar associations in Canterbury and Otago. Referring to the coming season the report stated that visits would be received from teams representing Nelson and the West Coast of the North Island— the one probably about the end of June, and the other at the end of July. Teams from Auckland and Canterbury might alto pay Wellington a visit during the season, and matphes would be arranged between the Wairarapa and Wellington City Clubs. The election of officers resulted as follows : — President — Colon el Pearce, re-elected; VicePresidents— Messrs. F. M. Ollivier and C. A. Knapp (representing the City Clubs), W. C. Cuff (representing Ureytown), all re-elected, and A. R. Bunny (representing Masterton) ; Hon Secretary and Treasure!: — Mr. A. T. Bate, re-elected; Committee of Management — Messrs. Ball and Campbell (reelected), H. S. Hickson, H. M'Uardell, Roberta, and Wright; Match Committee — Messrs. Ball, Cowie (re-elected), Campbell, Lynch, and Cameron (Greytown). The Secretary was requested to communicate with the Auckland, Canterbury Unions on ;he subject of sending a representative New Zealand team to Sydney this year, and the proceedings then closed with vote 3 of thanks to the past officers and to the chairman The s s. Napier, which arrived from Blenheim last night, brought a block of coal from the Pioton field, weighing 9cwt, to be deposited in the Industrial Exhibition. Unfortunately, tha block got damaged on the voyage, and could not be landed intact. :

His Excellency the Governor has received a despatch announcing that Sir F. Dillon Bell, Agent-General for New Zealand, has been created K.C.M.G. The mail despatched vid San Francisco yesterday, though unusually heavy, was not the largest yet known in Wellington. The letters amounted to 5074, book parcels 580, and newspapers 4820. According to telegrams received from Dunedin and Christchurch, it appears the mails there this month were extraordinarily large, the former being the largest ever experienced in Duaedin. Mr. A. de B. Brandon, M H.E., writes to us as followß: — " In reference to the rumor published by the Manawatu Herald and insetted by yon in your Saturday's issue, permit me to say that I have made no such declaration or determination as that I do not intend to seek re-election for the Wellington Country Districta. I really know nothing of the other matter referred to in the same rumor." On Saturday afternoon a 100 yds foot-race between John Eyan and Thomas Young was run on the Basin Reserve, for £5 a side, and Eyan won by a yard. Mr. T. P. Bees is the winner of the first prize (a section of land valued at .£25) in Section A of the Easby Photographio Union's coupon system. There were 13S patients in the Mount View Lunatic Asylum at the close of last week, namely, 81 males and 57 females. The concluding performances of " Chilperic" were given at the Theatre Koyal on Saturday afternoon and evening. There was a rather meagre attendance at each representation. Steps are being taken at Picton to float a company to work the coal on Messrs. Conolly and Syma' land in Shakespeare Bay. A public temperance meeting will be held at the Arcade this evening, when addresses will be delivered on " Temperance," " Why should the State interfere with the drink traffic?" and " Vested rights and compensation." We have received the first number of the Wairarapa Star, published on Saturday last at Master ton. The Star makes a very creditable firtt appearance. To-morrow the 8.8. Te Aro will make excursion trips to Lowry Bay, leaving the Queen's Wharf at 11 a.m. and 2 p.m. Attention is directed to an advertisement announcing a dramatic entertainment in the Odd Fellows' Hall, Lower Hutt, te-morrow evening.