WRECK OF THE S.S. TRIUMPH.

New Zealand Herald, Volume XXI, Issue 6906, 5 January 1884, Page 3

WRECK OF THE S.S. TRIUMPH.

NAUTICAL COURT. [Before H. G. Seth Smith, E«q., ILM., and Captains Fraler and Lewis, Assessors.] The inquiry into the wreck of the s.b. Triumph on Tiritiri was resumed yesterday in the District Court. Mr. Hudson Williameon appeared for the Collectsr of Customs ; Mr. J?. Hesketh appeared for Captain Brotherton and the officers of the ship ; Mr. G. M. Brassey for Mr. Owen, chief mate; Mr. Button for the Insurance Companies and one of the shippers : and Mr. J. B. Russell for the Auckland Harbour Board. The whole of the evidence in chief had been con- ; eluded at the previous sitting of the Court, but Mr. Hesketh intimated his intention to call evidence for the defence. Mr. Williamson said that since the Court last sat a new feature had developed itself, and the ship had been got off the rocks and was now in the harbour. He wished to get that fact on the depositions, and would recall the ehief officer. Thomas Owen, recalled, deposed : I have been engaged assisting in the operations of getting the ship off the rocks since the 23rd December, and yesterday morniDg she was got off, and during the day and night was brought up into the Auckland harbour, where she now lies. In getting the vessel off, no external supports in the shape of pontoons, etc., were used to lift her, and the only means employed was to take the cargo and coal out, lighten her as much as possible, and pump her. By Mr. Hesketh : I was employed by Mr. Fraser, the man who purchased the wreck. The captain has not been at all employed on the ship trying to get her off. Mr, Fra3er is a shipbuilder and ironfounder, and ho provided the materials to get her off. Mr. Fraser had the assistance of other nautical men, Captain Farquhar, Mr. Goak, shipbuilder, and unlimited command of tugs, pumps, and boats. Mr. Fraser provided the pumps, and I don't know whose property they were. There were two centrifugal pumps, and one pulsometer, and the combined pumping power of these pumps was very great. They continued pumpiDgon and off uutil we reached the harbour. It was decided before getting the ship off that these pumps should be kept going until she reachcd harbour. I mean it was decided by Mr. Gouk, Mr. Fraser, and the engineer. In my judgment that course was necessary. The Bhip was not now aground, or was about an hour ago, when I left her, and it was now (eleven o'olock) about high water. She had a strong list to starboard, indicating that there must be a lot of cargo and water in the forehold on that side. By Mr. Williamson : Had those steps been taken when we first got on, and before she shifted her position, I believe the ship would have been got off. Mr. Williamson then intimated to the Bench that ho had no further evidence to call.

Mr. Hesketh said the oourse he meant to pursue this morning was to show the cause of tho captain's going to sleep. In tbe first place, it was his duty to the captain, when he had such evidence, to lay it before the Court. In the second place, in anawer to the view suggested by his friend, although not exactly stated that the captain was the worse for tiriuk, he would bring forward evidence to prove the contrary; also that the eaptain waa suffering in the way indicated by some of tho witnesses. Dr. Memoes, who was doctor on board the ship, would depose that the captain had suffered from neuralgia since leaving St. Vincent. He should likewise call evidence of disinterested persons. He had one such witness, Mr. Granclisou. who was only that evening introduced to the captain, and who would depose that the captain was thoroughly sober. Ho would also call a passenger, who would depose to the captain refusing to drink, and giving as a reason that ho had a long night before him. Other evidence corroborative of this fact would be given, and if there were any gaps they would tie filled by the evidence of the purser and others.

Henry Parker deposed : I am tide surveyor and boarding officer in H.M. Customs for the port of Auckland, and was so on the 28 th and 29th of November, and performed my duties as snch officer on tho steamer Triumph. In doing so I became acquainted with Captain Brotherton. I was acquainted with him from the time he came into port. I saw him, as nearly as I can remember, at a quarter to eight the night the ship left the wharf, and she left the wharf about two minutes after that. I conversed with the captain at tho time. I saw nothing unusual in his manner. He did not appear to be suffering from drink. He was a eober man, as far as I could judge, and there was nothing to arouse iny suspicions to the contrary.

By Mr. Williamson : I did not know the captain before he came to Auckland, and do not know whether he is one of thoec persons who can stow away a lot of liquor without showing it.

Archibald Grandison deposed : I am a carpeuter. 1 remember on "the night of the 29th of November the ship Triumph leaving Anc-klimi. I was on board of her that night, aud saw her leave tho wharf. I was introduced to Captain Brottierton on board the ship about twenty minutes before she left the wharf by Dr. Mcozies. l>r. Menzies was the doctor of the ship lonic, in which I came out last June, ani my object of going on bo»rd was to bid him good-bye, aud the captain coming along I was introduced to him. That was ttie lirst time I had spoken lo the captain, although I had seen him before. We conversed for about ten minutes about the cooking arrangements, and whether they were better than those of the lonic, aud he took me and showed me the department, aud what nuenmmodation there was. We were also talkiop about the strength of tho veaacl, and examining her plates. 1 did not see any indications of drink on ilie part of the captain. He did not appear to be suffering ironi tiriuk in any way, or to have any Hiiitill of ilrink. I saw nothing about him to indicate that he had been driuking, and I tuought tlic very reverse. I have no hesitation in pledging my oath that the captain was a sob.ir man wheu I left the ship. I thick I was the last who came down the gangway before the steamer left, aud she cast off four or five minutes afterwards.

By Mr. Williamson : Up to the time I came .ashore I was conversing with the captain and doctor on different topics for more than ten minutes before the vessel left.

Captain John Neariog deposed : I am a stevedore. J remember the steamer Triumph being alongside tlm ivbarf prior to the 29th November. .1 was employed discharging her, aud was so engaged up to late in the evening of the 29th. We were working night and day discharging, except one night we knocked uIX at twelve o'clock and resumed at four o'clock. In the morning early the captaiu was engaged getting his ship round to the crati't to discharge some heavy machinery, and when I down at five o'clock the ship was very nearly in her new position. In taking the boilers out, the captain worked like a labourer, so much so that I sent one of jny m«n to take the capstan or crowbar out of his hand. I saw the captain two or three times during the afternoon. Ho was on the 'tween decks getting the second boiler out, and on deck, and saw him on and off until I let the ship's lines go from tho wharf. Throughout the whole day I did not observe any sign of drink on the captain. I went to thb cabin and had a drink, aud asked the captain to take one-, but he said "No; I have to go to sea to-night. "This was about twenty minutes to eight o'clock, ' juat as wo had finished. When the ship left the wharf there was nothing whatever which could make mo think or imagine that the captain was sufferin" from drink. I visited the ship when she went asbore. I saw the captain, suffering from neuralgia on the morning the ship left, I and likewise at Tiritiri after she was on the ! rocks. Hie face was Bwollen, and I asked him what was the matter. When the ship left the wharf the captain was, so far as I could judge, a thoroughly sober man. Francis Joseph Sanderson deposed : I am shipping and Customhouse clerk to L. l>. Nathan and Co., agents for the Triumph. I went on board tho Triumph with the clearance papers on the night of the 29th at about twenty minutes to eight o'clock. While the ship was in port 1 had been frequently brought in contact with the captain. I left the vessel immediately before soe cast off at eight or nine minutes to eight o'clock. I saw the captain then, and gave him the ship's papers. I was one of the last to leave. I had seen him during the day. We were together at the Customs abont three o'clock clearing the vessel. I did not at any time see the captain drinking, or the worse of drink. He was perfectly sober when the vessel left. I know that the oaptaiii was very unwell during the whole day. Eβ appeared to be Buffering, bat he made bo

complaint to me. On the previous day I also remarked that he was suffering. By Mr. Williamson: I first saw the captain that day on board the Triumph, at about ten o'clock. He was then engaged getting out the boilers. I remained for about an hoar, and I saw him at intervals all day. Captain Brotherton was at the office three or four times with Mr. Nathan, and during the afternoon we were together, endeavouring to 6nd some sailors. The captain was not on board continuously on that day, but nearly so. It was arranged, from the time the vessel arrived, tbat the vessel was to sail immediately on concluding discharge of cargo. The only time I ever saw the captain take drink was at luneheon that day, when he drank about half-a-glass of claret and lemonade, and this he took, I believe, more out of courtesy than anything else. He went through the ship's papers thoroughly, signed the bills of lading. I was in the captain' 3 company for about twenty minutes before the ship left. Ido not know that the captain went to the galley. I don't know Mr. Graudison, but he may have been

there. George Edward Henry Cotterill, deposed : I was a passenger in tho Triumph from London, and was on board the ship shortly before she left the wharf on the night of the 29th. I left the ship between ten and five minutes to eight on that night, and had been on board from about seven. I had opportunities of conversing with the captain on the way out, and knew his manner and habits. On this night I did not see any indication of drink on the captain, or anything to lead me to believe that he had been drinking. On the contrary. He asked me to have a drink, and observing :;fcat he took none himself, I asked him it he was not going to join me. He excused himself, by saying he had a long night's work before him. He did not have any drink, and was not in any way under the influence of drink. There was not the least indication of it. I knew of my own knowledge that the captain suffered from neuralgia. His face was frequently bandaged, and I also noticed difference in manner. I frequently spoke to the captain about it. He suffered mojce or less during the voyage.

By Mr. Williamson : I found the captain in the saloon when I went on '/oard. There were two or three othere in the cabin, but I saw nothing to indicate that there had been drinking goiog on. The others had a drink with me ; I think braudy and soda. When the captaiu refused to take the drink, and said he had a long night's work before him, it was not in the spirit of his haviug had enough already ; it was a matter of duty simply. 1 noticed that the captain was suffering on the morning of the 28th ; 1 had breakfast with him, and I think he had neuralgia also on the morning of the 29th. I aeked him how he was, and he said not much better, and that he had passed a sleepless night. Captain Jolm McKenzie deposed : I am Deputy Harbourmaster. On tho night of the 29 bh November I took the Triumph from the wharf into the stream, and left the vessel just at eight o'clock. The captain was on the bridge with me all the time. I had seen the captain on and off the whole day from four o'oluck in the morning. I did not 800 him the worse for liquor, or any indication oE liquor upon him. I saw him at four in the morning, when we shifted the ship. I was there until eight o'clock, and after that he was engaged most of the forenoon gutting two large boilers out of the ship. At no time did 1 see any sicn of liquor or intoxication about him. When I left the ship he was thoroughly sober, and free from the influence of drink. Of this I have no doubt whatever. He gave all his orders coolly, clearly, and collectedly.

Glover Clark deposed : I was parser on board the s.s. Triumph, and left the Auckland wharf on board her in that capacity on the 29th November. In the dieonarge of my duties I was frequently brought into contact with the captaiu, and knew he suffered from neuralgia. The first indication of it that I noticed was at St. Vincent, when he came on board sooner than he intended on account of the severe pain ho was suffering. I noticed it frequently after that time. On several oceasions hie face was bandaged up, and he frequently complained to me of the pain. I knew that he suffered severely on the 2Sth and 29th of November. I was in the saloon when the vessel struck, and had been there most of the time since leaving the wharf, and had seen no drinking going on on the part of the captain. The laut time I saw the captain was when he entered the saloon to write out the pilot's certificate. I was sitting on the opposite side of the table, and spoke to him. 1 am perfectly satisfied that be was not then in a«y way suffering from drink, or under its influence in any way. Of this lam quite satisfied. I next saw him about five or seven minutes after the veßsel struck, and he was then, to the beat of my belief, perfectly sober. He answered me when I spoke to him in the cabin, and I also spoke to him when I saw him after the ship struck. I have not the slightest doubt regarding his oobriety at the time of writing the pilot's certificate and afterwards.

By Mr. Williamson : There was a steward on board who would issue liquor. There were some people before the pilot left, and some of the captain's friends had some drink. One was somewhat elevated latterly. The captain was in their company, but ho refused to drink, and, to the bast of my belief, he had no drink from the time we left the wharf, aud I think it very unlikely that he could have it without my knowledge. The captain's cabin adjoins the saloon.

Dr. James Menzics deposed : I am a Licentiate of the Royal College of Surgeons, Edinburgh, and was the surgeon in charge of the s.s. Triumph, on her voyage from London to Auckland. Amongst my patients on the voyage the captain w«b oue, suffering from neuralgia. I saw external indications that ho wassulTeriDg from it. His face was occasionally swollen. I prescribed for him. He spoke of it slightingly before we reached St. Vincent, but it was there that he had a paroxysm so severe that he asked to be treated. I think on the 7th of October. The trouble ceased theD, but recurred again at irregular intervals, until within a couple of days after leaving Tiritiri. I don't know of his having any since then. It was always at the same side of the face. I applied outward applications to it. I know that on the morning of the 2Uth, on my asking him how he was, he said he had passed a bad night. In the afternooD, at half-pass five, I met him with Mr. Sanderson, and I again aaked him if he was better, and he said a little. Apart from his statement, I have no knowledge of whether he passed a bad night. I saw the captain at the time we left the wharf, and conversed with him. I also saw him when the pilot was leaving. I also saw him about ten minutes after the ship struck. I did not on any of these occasions see the captain under the influence of drink, or showing any appoarance of drink. If he had been drinking, it could not have escaped my detection. I know him too well for that. If ho had been drinking before the ship struck the shock could not have sobered him as to have left him in the condition I found him. He was too calm. Had he drunk to excess from the time the pilot left he must have shown its effects after the shock. Afterwards I had a conversation with him about the ebip striking. I asked him how it could have occurred, and he said he must have gone off to sleep. I knew how the captain had been engaged that day. I saw him in the hold working with a capstain bar. It was a necessary result of severe neuralgia to be deprived of sleep. It was a very probable result, considering he liad been deprived of sleep the previous night, that he should have gone to sleep. I have travelled in other ships, and have never sailed with a better skipper. I have travelled in many ships besides the lonic and Triumph a3 surgeon - superintendent. Having had this knowledge and experience, and knowing the captain aa I do, I have no reason to doubt the statement tfcat he went to sleep on the bridge from exhaustion.

By Mr. Williamson : Brandy and spirits are prescribed for neuralgia as a relief, but I never prescribed it for the captain. If a a man was suffering from neuralgia and took a little brandy, it would depend on his constitution whether it made him drowsy or not. I was sitting in the saloon when the shi- etruck. I had not retired. I know Mr. Thompson, the passenger. I have heard he stated that he was asleep on the bridge. He had not been in my company that evening with the captain. I accompanied the party from the saloon to the gangway, when the pilot left, and I believe Air. Thompson was with them. I do not know what put Mr. Thompson to sleep. I was eittiug reading in the ealoon when the vessel struck. Lawrence David Nathan deposed : I am a merchant, carrying on business in Auckland, and my firm were agents for the s.e. Triumph. I remember the 29th of November, the day the steamer left the Queenstreet Wharf for Wellington, and had seen the captain eeveral timee that day, the last time being from a quarter to twenty minutes past eix. I had o cab waiting, and left him

then in his own cabin. There was net the least appearance of drink on him np to thai; * time. I saw him wholly and solely on buai« ness connected with the ship, «nd had other interviews with him daring the day. lam quite sure I would be able to judge whether he was or was net suffering from drink, and I am quite sure he was not. I was not aware prior to the striking of the ahip on the rock that the captain was suffering from any ailment, but I particularly noticed that he seemed concerned or troubled, as if he had something on his roind. This was more particularly on the evening and afternoon of Wednesday, the 2Sth, and after the striking 1 found his face tied up and the doctor syriDging his ears. I prevailed on him to come to town to consult Dr. Haine3 and at the same time to see Lloyd's agent, and kill two birds with one stone. I took him to Dr. Hainee, wMS at once treated him severely by pulling onfc a tooth, and then gave him medicine to cause sleep and rest, and 1 believe gave him "a battery shock." I took him to Dr. Haines twice, and twice he had the battery shock.

By Air. Williamson : I have had no in« formation as to the insurances on this vessel. I know as little as you do. I may have asked the captain, but not the owners. Tae sale took place, not by direction or knowledge of the owners, but by direction of Lloyd's agent, on the report of the surveyors, and the agent of the associated Insurance Companies of the colony. Dγ* Campbell, Lloyd's agent here, gave instructions to the captain to follow implicitly tha instructions of Lloyd's agent's surveyor, Cap. tain Clayton. Captain Brotherton applied to me to give assistance to carry out these instructions, and 1 have done so. There was * difficulty as to divers. I was at the ship when a pigeongram was sent by Captain Nearing that he wanted a diver. This was handed to the shipping clerk, and he did not know what to do, but afterwards heard there was one. Captain Nearing recommended him to send down a diver, wco said £2 a day was fair pay. When I landed I was informed he wanted £30 a day, and £20 a night. I offered £15 a day, but Captain Haddock threw cold water on it. I sent a diving dress, knowing that Captain Nearing; and Mr. Gouk could use it. I could not assist at a robbery such as that. The agreement was never signed, for they would only consent to survey the outside of the ship, and do not nothing inside. I subsequently got divers to remove cargo out of the hold at bo much a bar, and so much a bundle. They went down to the steamer, but I am not aware whether they worked or not. Nα arrangements were made by me for exploring the outside of the vessel. When the divers were spoken of by Captain bearing and others, it was for the purpose of lightening the vessel by removing the iron from the forehold. lam positive I did not misunderstand those nautical gentlemen. lam not aware that these divers have since been employed by the purchasers of the vessel, nor have I asked, and I did not stint the captain in the means placed at his disposal for getting the vessel off. I gave the instruc« tions, as agent of the ship, to the captain to sail that Thursday evening, 29th November.' I knew th m he had been engaged from an early hour that morning, and that several of his crew hi d deserted, but I g»ve him authority to supply their places at any cost. Ho told me they were replaced, except two who were then bringing down their clothes, I told him to replace them by men from the wharf at £10 a-day if necessary, for I was reoeiving several telegrams a day from the South urging despatch, as her cargo waa waiting for her.

By Mr. Hesketh : I have no knowledge at all of the arrangements made with the divers by the purchasers of the vessel.

Captain IN earing re-called, deposed : I was down at the Triumph assisting to get her off until shortly before she was sold. I had about 50 men. Captains Clayton and Worap and Mr. Gouk were with me. I and the CO men under me remained until the day before the vessel was sold. Captain Brotherton was there. All steps were taken in my power to get the vessel off. We were supplied with all the material and appliances the place could afford. Mr. Gouk left the ship with me, but has since joined the purchaser. Mr. Nathan offered Mr. Gouk and me special rewards of £500 each to get the vessel off. Wo left off because we had done all we could. The tides got bad, and the N.E. gale altered the position of the ship.

By Air. Williamson : All the compartments but one were dry until the gale. The appliances, pumps, etc., may have been in Auckland, but people owning these things do not care to lend them out, so I do not know that they were available. I tried to get one • centri/ngal pump after the vessei got broadside on.

By Mr. Hesketh : The application was made somewhere near Fraser's foundry, but I was told it was not for hire. This was the only pump I knew of in Auckland able to give valuable assistance to the vessel in her position ; in fact, I did not know of it until informed by Captain Worsp.

Mr. Heeketh said this was the whole or, the evidence he intended to offer on behalf of the captain, and Mr. Brassey, on behalf of the chief officer, said he did not propose to call any evidence.

Mr. Hesketh then addressed the Court, pointing out that his object was shown in the lirst instance by broadly stating the captain's explanation, that ho fell asleep on the bridge from exhaustion, and to refute the theory set up by Mr. Williamson that the captain was drunk. He would not take up time by dealing with the suggestion that the vessel was deliberately wrecked, for there was not a tittle of evidence to support it, nor was there the slightest motive shown. He then, dealt with the evidence taken to show the perfect sobriety of the captain. In an able and telling address ho pointed out the facts in favour of his client. It was a pure case of misfortune, not accompanied by circumstances of aggravation, and whatever the result of the trial was, it was the captain's ruin. He fell asleep on his post, and wrecked a ship worth £50,000. Mr. Hesketh then dwelt on the evidence as to the efforts made to get the ship off. Mr. Brassey addressed the Court for the chiei mate, who, he contended, had carried out his duties, and that no blame was attached to him. Mr, Williamson was about to address the Court, but Mr. Hesketh contended that he had not right of reply, this being only an investigation, but the Cbaiiman said thig had been the role, and Mr. Williamson then addressed the Court. He should not have troubled the Court but for Mr. Hesketh's statement as to the position he had taken up attributing drunkenness to the captain. They all approached this case with diffidence, but here was the fact of a large steamer go« ing on the rocks, and the only alternatives which could suggest themselves were either that the captain end officers were helplesslydrunk, or that the vessel had been inten-' tionally driven ashore, and he had taken the most charitable view of the case, so far aa the captain was concerned. He pointed out that it was iu answer to Mr. Hesketh that tho first insinuation oE the captain not being sober when the pilot said he was sober enough to take charge of his ship. They had it in evidence that there had been drinking going on, and the question arose, was it not to some exteut due to this fact that tho captain fell asleep on the bridge ? He commented on the fact that there w»s no evidence regarding the insurance on the ship, either from the captain or Mr. Nathan. He also commented on what he considered tho gross want of discipline which, he said, was manifested by the fact of going to sea with the telegraph broken down, and no one placed to convey messages to tho engine-room from tho bridge or. any man placed between the look-out and the man at the wheel. He contended he was not a fit man to be placed on the look-out. He also dwelt on the necessity of tho chief officer having supported the captain, especially when he knew his exhausted condition. He asked the Bench to cancel the captain's certificate, who admitted that he fell asleep at his post. He was not fit to have command of a ship and lives. As to the chief officer, he was not free from blame, and should be made to bear a proportion of the cost. As to the second officer, there did not seem to be any special blame attributable to him, further than he had pointed out in his general remarks. The Court reserved judgment until Monday.