THE KIA ORA INQUIRY.

Lyttelton Times, Volume XCVI, Issue 14432, 24 July 1907, Page 4

THE KIA ORA INQUIRY.

JUDGMENT OF THE COURT. [Pbk Press Association..) AUCKLAND, July 23. The finding of the Court of Inquiry into the wreck of the Kia Ora was delivered this morning. Captain Blacklock was entirely exonerated, and the I certificates of the second, officer and j chief engineer were returned. The cer- . tifioate of the chief officer was forwarded to Wellington, the Court finding that he was somewhat intoxicated at the time of the wreck but that the evidence was not sufficient to justify a finding as to tb.6 real oausc of the disaster. The Northern Company and the chief officer were ordered lo pay the costs of the inquiry. Giving his decision, Mr Kettle announced that it was the unanimous opinion of the court that tho _ course set by the captain on leaving Waitara was proper and safe. There was no evidence to justify the court finding that the compass was out of order. On the contrary, the evidence warranted the conclusion that it was in good order and working satisfactorily. The court was of opinio:! that the evidence did not justify the conclusion that a current or set would have carried the vessel seven miles cut or her course. The court said that it aras alleged that the chief officer, De Wolfe, when on the bridge, was in n state of intoxication and unfit to have charge of the vessel, and that he did uot carefully watch the compass and course; that he was off the bridge for a considerable time; and that while he was away tile helmsman Morris did not keep the vessel on her course. No allegation was made against the second officer or any of tho other seamen. De Wolfe admitted that he left the " rid<*o for a few minutes and called th« lookout from his post and ordered him to take charge of the bricge while he was away. In the court's opinion, u» Wolfe was not justified in leaving i ne bridge or in taking the loot-out from. his post. In doing so he cominiti'<'<! a grave breach of duty and violated two clauses of the Company's instructions to oaptaine and officers. Having weighed tho ' evidence, the court thought it highly , probable that L»e Wolfe was >ff tho bridge between ten and midnight muoh longer than he was prepared, to admit, and that during hia absence Morris failed to keep the vesßel en the course set, or that while Do Wolfe- was on tho bridge he did noc keep vigilant watch and see that tlie vessel keyt her proper course. The second officer, who relieved De Wolfe at midnight, stated that during hie watch the course, north a quarter east was carefully maintained. The Court had no reason to doubt the accuracy of his testimony. Regarding the charge of drunkenness made against De" Wolfe, the Court was of opinion, .aftefr it had carefully weighed the whole of the confl.cting evidence, that De Wolfe, who admitted having some liquor at W&itara before the vessel leit, was eomewhat intoxicated when he took over the watch from Captain Blacklock at 10 p.m., but that it was quite possible that Captain Blacklook did not notice his condition. As to whether De Wolfe drank more liquor aboard the vessel ,it was obvious that a deliberate perjury had been committed, either by Csvanagh or by the chief steward, De Wolfe and Baggsbrom. It was difficult to find tho i truth. All the Court could say was ' that the evidence wss not sufficiently ! conclusive and satisfactory to justify it in finding that De Wolfe did drink more liquor on the vessel after she eailed._ The true cause of the vessel's deviation from her oouree had not been demonstrated to tie Court's entire j uatisfaction, the evidence not being sufficient to justify tho Court in finding that tho less of the vessel was caused by the wrongful act or default of I

Be Wol e. The evidence, however, showed that jDo Wolfe had been disr&tM, and later di.yrnissed. for drunkennses. The Act prcmded that if any certificated officer -was, from incompetency or misconduct, unfit to discharge his duties, the Minister might order an inquiry in a Court of bummary Jurisdiction, which had power to cancel his certificate. After ft report the Minister might consider it desirable to direct such an inquiry. The evidence disclosed no breach of

duty between the wreck and the landing, but after landing De Wolfe failed to exhibit proper application to his duty and responsibility as chief officer in not calling the roll and giving orders as to the protection and comfort of the passengers. A oomplaintthat the crew occupied the beet positions under the shelter had been urged. This had not been established. Some passengers complained that Dr "Wylie did not give due attention to them, but after hearing the doctoj's evidence the complainbs were made, in the Court's opinion, under misapprehension, and were practically withdrawn. The Court was satisfied that the doctor did everything possible. A number of amendments were in the packet license law, the principal suggestions being that the owner, instead of the master, should hold the license, and that no liquor should be supplied to an officer or of the crew without an order in writing from the master of the vessel, and that any master or officer in a vessel in a state of intoxication whilo engaged in the performance of his duty should be liable to a penalty not exceeding £IOO, and imprisonment not exceeding twelve months. The Court ordered the costs of the inquiry to be naid bv the Northern Company pnd De Wolfe, and forwarded De Wolfe's certificate to the Minister for Marine. The certificates of SecondOfficer Robertson and Chief-Engineer Bag!rstroTn were returned. The Court concluded by referring in flattering terms to the relief work of £he settlers the people of Kawhia. ' The coste of the inquiry totalled over£2oo.