THE RANGITOTO COLLISION.

New Zealand Herald, Volume XXVI, Issue 9379, 31 May 1889, Page 6

THE RANGITOTO COLLISION.

At the continuation of this inquiry yesterday, the Bench was occupied in hearing the speeches of counsel for the various parties interested. Mr. Theo. Cooper stated that in order to avoid any extra delay, it h;id been arranged that he should speak on behalf of the masters of the Essex and Awhina, and that Mr. H. Campbell should address the Court on behalf of Captain Kemp, of the s.s. Australia, while Mr. Williamson would of course sum up on behalf of the Crown. Mr. Cooper began his address by stating thab he considered the blame of the collision rested upon Capbain Kemp, and that the evidence would prove that an error of judgmenb on his (Capbain Kemp's) part was the cause of its occurrence. Though the evidenco givon by each side had been contradictory in character, the fact that a disinterested witness, Capbain Thornbon, had given testimony agreeing with that of the oblier parbies on board the Awhina should have great weight. All the witnesses from the Essex and Awhina, except the second mate of the former vessel, had agreed in stating thab when tho vessels entered the radius of the white light from bhe Bean Rock, they had altered their course from S. to S.E. by S. For some time the two crafb and the Australia were approaching upon safe courses, but the alteration of the labter's course made it impossible to avoid a collision. On this point all the witnesses on the Essex and Awhina had supported each other. He did nob lay much stress upon the estimates of position and distance givon by the parbies, as they could only be approximate ideas, and diverged widely. Ho contended emphatically thab bhe captain of the Ausbralia, in altering his course, misjudged the distance, and that he was guilty of recklessness by so doing, as he should have known that the two vessels lashed together were impeded as regards swift handling, and that the Australia was the freer vessel to navigate. Capbain Campbell had said thab he had seen the lights before he changed his course, and Captains Sainty and Sohaube that they had nob seen them till after tho alteration was made. According bo Captain Sainty's evidence the Essex was virtually steering the tug. Captain Campbell should, thorefore, have gone on boary bhe barque and taken charge, instead of which there had been no communication as to the course to be taken. Capbain Schaube had said that the tug was responsible for the course, and Captain Campbell had testified that he had no control over bhe Essex. These two vessels were actually without a responsible controlling mind to direct their course. Captain Campbell was, he held, guilty of gross negligence in giving up the directing power by not going on board the Essex ana shaping her course. C.ipfcain Kemp, on the Australia, was obliged to steer tho course he did to avoid the dangers of the rough rocks and the rock at the beacon. The masters of the Essex and Awhina claimed that they had nob room enough to get clear by porting when the collision was observed bo be imminent. He hold thab they had ample space. He submitted bhab disunited action, preceded by a state of mind which was actual un preparedness for emergency, was shown by the Awhina being pub full speed astcvn, thereby counteracting. lb appeared thab Captain Kemp was endeavouring bo make as straight a cou-rse as possible by shaving the Awhina's bow?. He (Capbain Kemp) had snid bhab when he showed his red lighb ib was the Awhina's duty bo give way, as thoso on board her must have known ho was crossing their bows, and thoy should have ported instead of starboarding their helm. This was certainly the rule of bho road, bub ho (Mr. Cooper) submitted that the positions in which tho vessels were placed by the default or carelessness of Captain Kemp rendered it impossible for the rulo of the road to be obeyed. Mr. Hugh Campbell then addressed the Bench on behalf of Capbain Kemp and others interested in the Australia. Ho contended thab bhe counsel had ignored a very important line of evidence, namely, that provided by the chart and compass. Counsel thon proceed to lay down bhe positions of the vessels ab the various times of sighting, lights, etc., illustrating his remarks by frequent references bo a marked chart of the channel. He said hq> did nob place much reliance upon the estimates of positions and distance. He argued thab the cause of bho disaster was bho divided control which existed on board bhe Awhina and Essex, fclio elYecfc of the Essex's helm beinj; starboarded. He held the Awhina and Essex had plenty of room to port their helms, and if they were actually too close to do so, they had gob so near by their own negligence and inattention to the rule of the road. A full result of what was attempted by tho Essex (i.e., starboarding) would have avoided accident, bub thab was prevented by tho tug's whole power pulling the barque out of the course she was endeavouring to take. Dr. Giles asked thab a note of all cosbs in bhe case should be given bo bhe Courb before judgment was given. iS'r. Williamson said that expenses would be claimod for only three witnesses, whilst there would bo the fees of the assessors and fee* of the counsel.

Mr. Williamson went on to address the Court, pointing out that no charge was being made against either of the captains interested, and any remarks that he would make would therefore be ot a general character, and more in the form of a summing-up. Two points were involved in the inquiry : tho first wa?, by whose act it came about that there was any chanco of a collision; and secondly, it having become apparent that a collision was imminent, did both parties do their best to avert danger. He contended that the evidence given by tho witnesses who were on board the Essex and Awhina, that they saw the green light of the Australia on the starboard bow as tho latter vessel was approaching, was correct. He agreed with tho suggestion of Mr. Coopor that the collision was due to an error in the judgment of Captain Kemp as to the distances between the vessels. Coptain Kemp had made a mistake as to the distanco between his vessel and the Rixnei- ! to to beacon, and it was fair to assume that lie made another mistake in calculating the distance between the Australia and tho other boats. The captain, moreover, know the course of tho approaching vessels ; ho knew that they were coining into harbour ; but those on boarcf tho Awhina and Essex did not know whether tho sbeamer which they saw coming was bound northward or eastward. It seemed to him, therefore, that Captain Kemp should have exercised more caution, ; and should not have changed his course to the eastward until the Awhina and Essex passod, and he wont astern. The question as to whether those on tho Awhina and Essex did what they ought to have done, whon they saw that tho collision was imminent, was, he thought, a side issue. For his part, he considered their position in the matter to bo a very strong one. But could they say as much for Captain Kemp? He did his utmost, they must all admit, and they all sympathised with him ; but they must consider whether, when he saw he was in danger of a collision he did his best. He (Mr. Williamson) thought that at that moment he should have stopped, and pub his engines full speed astern. In reply to Mr. Campbell, in his remark that there was no guiding hand on the Awhina, Mr. Williamson pointed out that it had not been shown that the vessels wore rushing about tho channel in an ungovernable way. Ib eeemecl to him, however, a strange fching that the captains of the Awhina and Essex should both repudiate their responsibility, whilst the two vessols were together. He thought the regulations- upon such a point as this ought to be mode olear, end ho hoped their Worships would bring this matter under the notice of the authorities in their report. The result of the inquiry might be disastrous to one or other of the parties ; but he submitted t»hab with this their Worships had nothing to do. A collision had taken place in the Channel, where the public did not look for an occurrence of this kind ; and the public, whose intereete must be protected, demanded a searching inquiry. Whatever blame there was should be placed on the proper shoulders, without regard to personal feolings or the consequences to any party. It was an unfortunate mattor, bub with this view of the question the Court had nothing to do. The Court then adjourned until two o'clock this (Friday) afternoon, when the decision is to be given.