COLLISION OF THE STEAMERS WELLINGTON AND MACGREGOR.

New Zealand Herald, Volume XXII, Issue 7343, 2 June 1885, Page 3

COLLISION OF THE STEAMERS WELLINGTON AND MACGREGOR.

JUDGMINT. The Nautical Court, consisting of Hit Honor Judge Seta Smith, Captains Frater and Scott, Nautical Assessors, delivered judgment yesterday in the matter of the Wellington and Macgregor collision enquiry. Mr. . Hudson Williamson appeared for the Collector of Customs, Mr. Thomas Cotter for the officers of the Wellington, and Mr. Theo. Cooper for the officers of the Macgregor. Judgment was delivered as follows —

We are of opinion that the masters of both ships are free from hi me, and their certificates will be returned. We ate also of opinion that the mate of the ■ acgregor follow d the rule of the road, and therefore is 'o be exonerated from blame. We think he o iht to have been able to s-e the masthead light of the Wellington at an earlier peiiod than after pawing the Nelson Roolc. but his failing to do so In no way contributed to the casualty. He appears to have soen the Wellington's side light in ample time, and was fully justified In porting his helm. We think, also, that no blame can be attached to the engineer of the Macgregor, and, in our opinion, a telegraph to the ■ ngine-room would not have given any additional assistance in avoiding a collision. . The evidence of the witnesse- from the Macgregor seems to us to he substantially accurate. We place small value upon the v. nous estimates of time given by the witness-)" at the different stages of the period over which this enquiry extends. The difficulty of estimating time accurately, or even with approximate accuracy, especially when the at entlon is directed to other matters is well known, and sufficiently accounts for the discrepancies between the several witnesses. It appears ill it the Macgregor, after steering a 8. }E. course towards the Nelson Kock, altered her course to •i. J W. on rouutling the rock by about a quarter of a-wlle distant, and soon afterwards to S. by.'W. From this position, a vessel steering Nl 'or - N. | 'W. as the Wellington was, would show both side-light). io the Macgregor, and the porting of the helm would, he a proper action on the part of the Macgregor. We thiuk the estimate of distance (about half a mile) given by tbe mate and master of the Macgregor a* the distauce between the two 'vessels, when the order was given to port, is more in accordance with the other ascertained facts of ihe case than the smaller estimate—six or seven ships' lengths [6 X 180. = 1080 ft. = 360, or 7 X 180 = lifiOft. 44 420] is s mething less thin & quarter ot a mils -siren by the mate of the Wellington, 'ihe effect of porting the M*c<regor's helm, as seen from the Wellingto , would be ultimately to show the Macgregor's red light, th ugh we thiuk her red light must have been visible to the Wellington at an earlier period, and therefore at a greater distmce than is alleged by the mate of the Wei ington If the mate is correal in stating that he con'J- ued to see the green light of the Macgregor until the vessels were less than a quarter of a mile apart, the Wellington's lights must have been visible to'the Macgregor on the starboard bow, or else one or both of the vess -li must have bean considerably out of her course. We see no reason, however, for rejecting the evidence of the Mucgre/or, that the Wellington was on her port bow, and therefore come to the concision that at some time both' of the Mac: regor's light* were visible to the Wellington, and ultimately the red light alone, and that in all probability at a distance s raclont t"> avoid all danger if the Wellington had bi en properly bandied. One of the Nautic 1 Ass ■■son has prepared a diagram showing the r> 1 ttiva positions of the vessels according to the cliff. t statements of the witnesses which leads inevitably to my mind to this conclusion. We are of opinion that the mat» of the Wellington is substantially accurate in bis evidence as to the order of events, viz , that be saw first the masthead light of the Macgregor, then he groan light, whether so much en the »tarboird bow as he alleges, seems doubtful. f it wer« one aud »-half points ou the bow. it is difficult to see any reason for starboarding half point—and ultimately the red light, aud that he then or soon after put his h-lm hard-a-st»rboard, but we place no value upon bis estimate of time. We think .hat starboard ing his helm in the circumstances was an error on his part. It keeniß to us. in fact, the one course of coaduo most likely to bring about a collision.'. Kyen assuming his otlmAte of the distance between ' the two vessel" when the Macgr gor showed her red li<;ht to be correct »e think » collision might have* been avoided by proper precautions. II .d he stopped the engine* without altering the helm, the Macgregor might have gone across his bows. Had he stopped and gone full spaed aste ti the chance of her doing so would have been materially increased. If in addition to that he had ported his helm we thins; it is almost morally certain that the ships would have gone clear. 'I he effect of starboarding, on th« contrary, was that the Wellington followed the Macgrepor up when the latter vessel was under a port helm, and thus a collision was rendered inevitable. The result, therefore. is that in our opinion the mate of the Wellington was in default: 1 In not stopping and reversing his engine. 2. in not porting instead of starboarding his helm, and that the collision came abort.- solely in consequence of hi default.—His certificate will be suspended for three months. ■■■, ■•'■■:.. .. :./■

Mr. Williamson asked the Court if they would make any order as to costs.— ■Seth Smith replied in the negative.