CAPTAIN NAYLOR’S APPEAL.

Evening Star, Issue 14053, 7 May 1909, Page 6

CAPTAIN NAYLOR’S APPEAL.

FINDING OF THE COURT. [Per United Press Association.] WELLINGTON, May 7. Judgment was delivered this morning in tne-. appeal brought by Captain Naylor against his suspension for twelve months m connection with the wreck of the Penguin. Justice Cooper stated that he entirely agreed with th© finding of the assessors, who.considered the vessel struck on lom.s Rock or rocks in_the vicinity of lorn Rock. The suggestion made that Uie Penguin might have struck some submerged wreckage was inconsistent with the circumstances of the ease. On the night of the wreck the assessors did not think that the tide was stronger than four knots. Captain Naylor’s course was a perfectly safe one allowing for a two-knot current; only, if a four-knot tide was running at 10 p.m. the vessel would, at the speed travelling, bo clearly within the line of danger. The maimer in which the Penguin got into the vicinity of Tom’s Rock was thus explained. Captain Naylor was ai *ault in two respects. After running a distance of fourteen miles from Tory Channel (knowing his patent log was useles?), it was his duty to have been exceedingly careful, and he failed in this duty. At 9.45 p.m. he must have been in doubt as to his true position, but continued at full speed. The. assessors considered Captain Naylor guilty not of a mere error of judgment alone, but of conduct amounting to wrongful default in not putting out to sea some time before ten o’clock. Captain Naylor’s conduct after the casualty was entirely free from blame. The Court added that the Marine Department gave all necessary information about the tides in Cook Strait. No order would be made as to costs. Hie Honor pointed out that under section 242 of the Shipping and Seamen Act the Government had power to alter the period of suspension or issue a mate’s certificate to Captain Naylor. The assessors desired ham to say that while they had been compelled to find Captain Naylor in default, they regretted very much to havo to do so. The Court regretted it more-because of his good character and the skill and car© which he had displayed in the piist. Mr Herdman said ho understood, in reference to what His Honor had said, that it was the practice in England to recommend the Board of Trade to alter the period of suspension. Hie Honor said that there was no power to do so in New Zealand, but he had no doubt that if the matter were referred to the assessors they would give the question more favorable cons i deration.