THE-HIPPALOS. COURT'S DECISION.

Evening Post, Volume LXXVIII, Issue 129, 27 November 1909, Page 9

THE- HIPPALOS. COURT'S DECISION.

NO BLAME ATTACHING TO ANY ONE. CERTIFICATES RETURNED. The magisterial enquiry into the loss of the barque Hippalos was concluded yesterday afternoon, when the court, consisting of Dr. M'Arthur, S.M., president, and Captains Gray and Gillcspie, assessors, after hearing further evidence, delivered its findings in answer to tfae following questions: — 1. Was the striking of tho barque on Walker Kock due or contributed to by the negligence or carelessness of the master or any of tho crew of the said barque? — No. 2. After striking on Walker Rock did the master adopt the best measures for the safety of the barque and crew? — Yes. 3. Should the master have beached the barque at Titirangi or at any other place? — From the description we have heard of the places near by, we answer '*Xo." 4. Was the barque abandoned by tho master and his crew? — Yes, we consider 6he was wholly abandoned, and under the circumstances we consider that he was justified in that action. 5. Under the circumstances was it advisible that the captain of the s.s. Takapuna should take the barque in tow ? — Yes. 6. Should the captain of the s.s. Takapuna have beached the barque at Titirangi or Ship Cove or at any other place? — No, he was justified in going on. 7. Was the casualty due or contributed to by the negligence or carelessness of the master or any of the crew of the barque or of the s.s. lakapuna." — No. MAGISTERIAL COMMENT. Dr. M'Arthur added a little comment on the findings, briefly recounting the whole story. He said it was the opinion of the court that throughout the whole voyage the master of the Hippalos, s° far from exhibiting any negligence or carelessness, was exceedingly careful and attentive to the ship. .He was evidently under a wrong impression as to the distance from the land when he took his bearings. It was an error which might happen to anyone. He touched Walker Rock, and when he touched it he proceeded to make for Guard'p Bank. lie did so, thinking it best and most advisable under the circumstances. The court was of opinion he did right. Then he left the vessel at Guard's Bank and took the whole of the crew and their effects into Titirangi Bay. That Deing tho case, the court was of opinion that the total abandonment of the ship was made at that time. The captain was justified in coming to the conclusion that she might turn turtle at any time, and that it was only at the risk of life that anybody could be left on the ship. "And now," said "the -magistrate, with a smile at the skipper of the Takapuna, "we come to what might be called Captain Stewart's -raid on the Hippalos." (Laughter.) "He saw signals of distress flying on the barque," continued the president, "she was abandoned, and she was evidently drifting towards Cape Colville. She was in such a position that several things might have happened. She might have drifted on the rocks, she might have got into Pelorus Sound, or she might have drifted -further out into Straits, and caused further trouble to navigation. The captain cried to take the vessel to Picton, and we are of opinion that he was quite right in coming to the conclusion that he could not beach her in Titirangi Bay. When he had successfully taken her on past Ship Cove he acted with discretion in attempting to take her on to Picton and save her. But she played him a dirty trick, and went down." The findings of the court to the different questions were then announced, p«d their certificates were restored to the various officrs concerned.! The court decided, under the circumstances, to make no order as to cosis. During the hearing Mr. Myers represented the Marine Department, Mr. Gray the master of the Hippalos (Captain T. N orris), ' and Mr. Herdman Captain Stewart, of the Takapuna.