JUDGMENT IN TARARUA CASE.

New Zealand Herald, Volume XVIII, Issue 6099, 4 June 1881, Page 5

JUDGMENT IN TARARUA CASE.

[BY TELEO.IVAVH.—PRESS ASSOCIATION J PuKEDis-, Friday^ Mr, Sixirsos, R.M., Captain Macgowan and Captaiu Thompson sat at the Resident Magistrate's Court, at 10.30 this morning, for the purpose of giving judgment in ttio enquiry into the wreck of the Xararua. > Mr. Denniston appeared for the" Collector of Customs, Mr. James Smith for the first and second mates, and. Miv F. K. Ohapinaa for the relatives of the late Captain. Garr'ard. The following is the judgment — , : That tho wreck and loss of life was primarily'caused through the failure of the muster, Sranpia .George. Garrard, to ascertain at 4 a.m. on the 2Sth of April the correct position of his ship. Au ample use of the lead would have told tho distance off the shore ' That course in which the Taranis. was steered from. 1.30 a.m. to 4 a.m— a, west south-west courseassuming, as the evidence entitles us to do, that the compass was magnetically correct, was an inshore course, and therefore especially as the heavy swell and ebb tiiio teiWed to. set the vessel on shore. That, In our opinion, tise vessel at 4 cau luid not run her distance, but was considerably to the east of Slope Point, and at a. comparatively speak* ing, short distanco from this land. That at i2o a.m., when the second officer first called the attention of tho captain to the noise of breakers,, the vessel was off Slopo Point, and. in dangerous proximity thereto, on a west' Course, but that the captain, believed. her to be off Wafpapa Point That when he. altered his course from west to west by south half south, ho thought ho was running in the direction of Toby Bock:, and that the fear of running on that rook caused hint to alter his course, in the short space of-20 degreos, back to west. That although it is to be ±egrctte<l thu second officer did not exercise the po-:er which he.had to stop the engines if he found the ship in imminent danger, when for the second time he fahcieil he hoard . breakers, "we cannot come to the conclusion; that his not doing so was a negligent omission. It was rgicoß——-—'~ > able for liim to suppose that the captain had asccrlapse of time from 4 a m. to 5.15 a.ni. was sufficient/ft the ship was on her proper course to enable her to ' have passed all danger, and he inigjjt naturally bo, impressed with tho idea that hearing breakers cpiild , . " be only fancy, and took the action he did to report to the captain in terms of his orders. At the same time we are of opinion that leaving the bridgo at any time ■-:■ by an officer on deck when the ship 13 under way is fraught with extreme danger, and Captain Uarrard's orders to his officers to call him -personallj-, involving, a3 it did, leaving the bridge, wero. Imprudent. That the immediate causo of the wreck and loss of life was the negligent failure ol able seaman Weston to keep a pfoper look-out. For two ' ate impressed with the idea that had a proper lookout been kept broken water must have been observed some minutes before the Vessel struck, and, in all bability, sufficient time* would have been .'afforded for the danger to be avoided. That after the vessel stract and filled, therapy becoming a total wreck, the cap. tain, in our opinion, committed an error of judgment in not placing Ms passengers in boat}, particularly 1 as it was ebb-tide, and the tirno of vhe morning most favourable to work boats on the coast of Xew Zealand. That tho captain must have failed to hare noted the proximity of the wreck to twe boat harbours shown on the chart, one to the east and another to the west, the latter of which, we are 02" opinion, was available. Tho Court was of opinion that the boats having boon in existence before IST'J the Act and nidations were complied with so far as a proper number and character were concerned, as also the number of life-buoys. The boats were fully equipped, with the exception of life-belts for the crew of tho life - boats, as required by ths Act. Aecordin; to the evidence the boats -would not have carried the whole number on board tho vessel, but a large proportion, Tho Act and regulations do not contemplate that the boats should •any all on board, however necessary it might appear under certain circumstances. Nor do they , make any special provision for the carrying of life-belts for the use of passengers and crew. We cannot help stattng, however, that many lives would hiivefceen saved had life-belts been available for passengers and ciew in this case. Wo are of opinion that after the vessel struck, the boats were almost uselessly employed. In reference to the management of the boats by the officers in charge, we are o{ opinion that the loss of the first officer's boat might have been avoided by more skilful management, but although censuring the first officer for his lack of skill, we are not disposed to say that tlic casualty which resulted thorsfrom wa3 caxised by his wrongful act or default. As to the second officer's boat, we can take no exception to the way it. -was mansGcd, but we are impressed with the . ides that. if tho crew in that boat had been supplied with life-belts, they would have incurred greater risk, in the attempt to reach tho' vessel after the sea began to rise. From the evidence, we are 0? opinion that after 12 o'clock noon it became a difficult and dangerous task to render external aid to those on the wreck, but we cannot come to the conclusion that it became an impossibility to render any assistance, and we think that notwithstanding the nature, of tho telegrams making the intimation of the accident, aid should have been endeavoured to h»?c ><£ea.Qt>taine&.— on the first notice of the casuaUJTrom Irivercajgillor Bluff, the nearest ports to the wreck, the former being forty-two and tho latter twenty miles distant, td give ■ a chanco of reaching tho wreck before d4r.k on tho 20th. For no passenger vessel on rock can be considered in any other but a dangerous position. -~At the samo time wo admit every promptitude was used to send aid from Port Chalmers. VVe are astonished at the fact that the officers of the Tararua were ignorant of the variations of the compass, whea it is eon-, sidered that at any moment through an accident to the master in command of a steamer, the duty might have devolved on one of them. We are not prepared, however, on account of the peculiar discipline on board disclosed by the evidence, to say in what degree, if any, this ignorance was attributable to their own neglect. Tho certificates of both officers are returned, and the following -recommendations to the Government'arc made: —1. Considering the number of. vessels that have been stranded on or near Waipawa Point, about tea in number, neceisity of light in -tho neighbourhood to reader navigation safe is urgeut. : 2. Jt sbouldbe made a regulation under the Shipping and Seaman's Act, 1577, that all passenger, vessels trading in New Zealand waters should carry lifebnts for tho maximum number of passengers and cre-w 3?(va vessels arc entitled to carry at sea. A regnlatU-a should also be made compelling exercise in w> management of boats at stated intervals. Mr. Dennison asked the Court to costs under Section 240 of the Act. Mr. Simpson : As regards the costs,._cpnsidering that the"*captain has lost his life, there is no one against whom -\ve can make , any finding in that respect which could be " ■ enforced.

' Mr. Smith : The Act empowers the Cojirfc to give costs to the witnesses. Mr. Simpson: All witnesses summojied are entitled to Supreme Court costs. I iiave certified in every case where applieatioirhas been made. If first and second mates apply for costs I will certify. V*e wish to say that we are obliged for the way in which, the information has been brought before us by the Crown, and for the light that has been thrown upon it by the other legal gentlemen.