THE KAPANUI DISASTER.

New Zealand Herald, Volume XLIII, Issue 13077, 17 January 1906, Page 7

THE KAPANUI DISASTER.

DECISION OF THE COUR'i. CAPTAIN SOUTHGATE HELD RESPONSIBLE. CERTIFICATE SUSPENDED TOR TWELVEMONTHS. OBSERVATIONS AND RECOMMENDATIONS. THE decision of the Court, of Inquiry (consisting of Mr. C. C. Kettle, S.M., and Captains Smith mid MeArtliur, nautical assessors) into the cause of the Kapanui disaster, which occurred in the harbour, off Devonport Wharf, on the night of December 23 bi<t, «»' delivered in the Magistrate's Court at half-past, ten yesterday morning- The. Court, was crowded. The Hon- .1. A. Tolo (Crown solicitor) appeared for the Collector of Customs (Mr. A. Rose), Mr. .1. R. K«'fl for the captain of the Claymore, which collided with the Kapamii, Mr. ,). C. Martin for the captain of the. Kapamii, (itni Mr. M. O. McGregoi for the owners. Mr. Kettle read tliw decision of tin; Court, which ho said was o unanimous one. The decision was as follows: — HOW THE ACCIDENT OCCURRED. 1. The s.s. Kapanui, under command of Captain Southgate, left the wharf at Waiwera for Auckland on December 23 last at fclioiit halt-past six p.m. 2. On the same evening at. about half-past eight the s.s. Gael, under command of Captain McKcnzio. and the s.s. Claymore, under command of Captain Mewitt, left the Queen-street Wharf, Auckland, bound for VVaiwera and other places. 3. The Gael got away from the wharf a few minutes before tho Claymore, ami as they steamed down the harbour towards the red buoy moored to the south-east of Devonport Wharf, and some distance inside the North Head, the Gael was about 500 or 400 yards ahead of the Claymore, the Claymore being a little to starboard of the Cad's course. 4. Both vessels were travelling the usual speed, viz., 9 to 9} knots an hour, and intended to pass close to —that is, within 60 or 100 yards of—the red buoy, and on the port side of the channel. 5. Each vessel (i.e., Gael and Claymore) was carrying the lights required by tin-? Regulations for the Prevention of Collisions at Sea. 6. The weather conditions were '"normal." There was a light south-west wind, with occasional showers of rain. The atmosphere was clear bin cloudy, and there was no moon. 7. Captain McKcnzie was on the bridge of his vessel, and William Emtage. an A.8., was at the wheel. Captain Mewitt was on the bridge of 'he Claymore and also had the wheel. 8. The vessels approached the red buoy about nine o'clock. The Gael was then about 50 to 100 yards to the south-east of the red buoy, and the Claymore was a little to starboard of the Gael and about 000 yards behind her. 9. As the Gael and Claymore wora approaching the, red buoy the Kapamii was coming round the North Head, travelling at about the same pace as the other boats, viz., about nine knots an hour. 10. Captain Southgate was on tho bridge of his vessel (the Kapamii) and also had the helm. The regulation lights were then in their proper place-:. 11. As he came round the North Head Captain Southgate saw the Gael's lights (red, green, and masthead), and he shaped li's vessel's course so as to pass her green to green—i.e., starboard to starboard. 12. Captain Southgate- expected to meet the Claymore, anil he thought that the lights he saw were those, of that vessel. 13. Just as the Kapanui was coming j abreast of and about 100 yards from the Gael Captain Southgate discovered that it was the Gael, not the Claymore, and he, almost at the same moment, saw the lights (red, green, masthead of a--.other vessel, which was following the Gael at a distance of about. 300 yards, but a little to the starboard of her.

14. Just then, i.e., just as the Kapanui was corning abreast of the Gael, the Kapanui's port (red) light to the knowledge of Cap*.»iii Southgate went out, and his vessel '• . •eft with only two regulation light:', >.-.., the starboard (green) light and the masthead light.

15. The Kapanui passed the Gael at the distance of about 100 yards (the evidence as to distance was as u°ual somewhat conflicting).

15. Immediately after the Gael had passed Captain .Southgate, intending to pass the Claymore port to port, and without giving any warning to the Claymore of his intention to rake that course, and before receiving any signal from the Claymore, altered his vessel's course by putting the wheel to port. She at once answered and came rapidly to starboard across the bows of the Claymore. In a few seconds the vessels collided. The Claymore struck the Kapanui violently almost at right angles, and about 50 feet from the stern, and in less than five minutes the Kapanui sank.

17. Some time before the collision occurred Captain Alewitt, of the Claymore, had seen the starboard (green) light and masthead light of the Kapanui, and thinking that she intended to pass him green to green, i.e., starboard to starboard, he continued on and did not alter his course; but when to his surprise he saw the Kapanui's starboard (green) light disappear, and no port light came in view, and that Hie Kapanui had suddenly altered her course and was just crossing the Claymore's bow, lie at once gave three short blasts from the whistle, indicating that he was going to put his vessel fail speed astern, and lie ordered the engineer to reverse the engines. His orders were promptly obeyed, but, it was too lute, and before the vessel could he stopped or her way materially reducer! she struck the Kanautii with the result before mentioned. CAPTAIN" SOUTHGATE RESPONSIBLE. 18. In our opinion the collision was due to the improper and negligent manner in which Captain .Southgate navigated his vessel. 19. When he found that his port (red) light had gone out, and knew that the Claymore would only see his starboard (?reen) and masthead'lights, he should in our opinion have kept on. showing his green light to the Claymore, and ho should have signalled bv giving two short- blasts from his whistle "(see article 23 of Regulations for Preventing Collisions), that he inTended to direct his vessel's course to port. He might also have stopped or reversed his engines. 20. Having regard to the whole of the circumstances we arc forced to the conclusion that for the reasons stated Captain Houtligate is solelv responsible for the collision.' He had. at least two courses open to him. One a prudent and comparatively •sine course, and. the other under the conditions as they existed an obviously dangerous one, and he chose to adopt the latter. 21. With regard to the extinguishment of the Kapanui's port (red/ light the evidence. does not show what caused it to go out. The evidence does, however, dis'l'-se the fact that its filling and trimming etc.. were apparently left to inexperienced and irresponsible "youths, who may have neglected their duty. In our opinion masters of vessels such as the Kapanui should take care to see that their lamps are at all times i.'i proper order and condition. 22. The evidence also justifies the inference that tie- lookout on the Kapanui was not as vigilant as he should have been. Wo desire to impress upon masters of vessels that it is absolutely essential that a proper lookout should at all times be kept. CAPTAIN MEWITT EXONERATEE. 23. With regard to the master of the Claymore, we do not think that the evidence shows that his conduct in any way contributed to the disaster. Wo are of the opinion that, as lie could only see the Kapanui's starboard (green) light and masthead light he was justified in keeping on his course, and in assuming that, as the Kapanui had passed the Gael green to green—i.e.. starboard to starboard—she would keep on her course and pass the Claymore in the same manner. hen the master of the Kapanui suddenly and without warning attempted to cross the Claymore's bows, changed his course to starboard, and shut out his starboard (green) hglu without being able to disclose a port (rod) light to the Clavmore, Captain Alewitr was suddenly placed in a position of great difficulty, and in our opinion under the circumstances he took the only course bpon to him. Ht immediately gave warn-

in? to the Kapanui that, lie was going promptly to put his vessel's engines full speed astern. He in our opinion was cool and collected, and did his best to avert the collision. He also took prompt, action to rescue the Kapanui's passengers and crewafter the collision. We are, however, of opinion that Captain Mewitt was not justified in directing the lookout to see to the covering of the passengers' luggage. It. is most essential that the attention of the man ordered to " look out" should be en- ', tirely devoted to looking out. 24. The following is a list of the persons drowned: — 1. Frank Clark, carter, Warkworth; aged 35 years; a passecger. ?. Peter Carter, deck boy; aged 19 years. 3. Frederick Charles Heave of Treeman's Bay, Auckland; aged 16 years; passenger. 4. Bernard Vipond, Warkworth; aged 50; passenger. 5. .'fames Fletcher, of Queen-street, Auckland: aged 18 years; passenger. 6. I.like. Langton, of Maungaturoto ; aged 45 years; passenger. 25. We are of tho opinion that Captain Southgate's certificate.ought to be suspended for twelve months, and that he should pay the <0.-ts of this investigation. We order accordingly. Till! NARROW CHANNEL QUESTION. (See Section 235, Sub-section 7.) There are one or two matters which came up incidentally during this investigation respecting which we venture to make a few remarks and suggestions. lb; Article- 25 of Herniations for Preventing Collisions at Sea, and Regulation 28. made under the Harbours Act, 1878, and published in the New Zealand Gazette of June 7, 1883, Volume 1, page 747. It would appear that there is some doubt and difference of opinion among seafaring men ami officials in Auckland as to whether article 25 of Regulations for Preventing Collisions at Sou and regulation 28 made under the Harbours Act apply to any, and, if so, what portions of the Auckland Harbour. We suggest that this doubt should be at once set at rest. We think that this might possibly be done by a Harbour Board by-law, specifying or regulating the courses which vessels must take when leaving and entering the port. If what, is known as the Hangitoto Channel, which extends from the. Raugitoto beacon to the red buoy oil' Devonport Wharf, is not a "narrow channel" in the meaning of the said article 25 and regulation 23 the article and regulation do not of course apply: but it i- we think desirable that any doubt which exists should be at once removed and 'i distinct understanding arrived at as to the course vessels catering and leaving tire port must take when entering this channel. The evidence shows that the rule laid down by the article and regulation lias not. been observed in Auckland Harbour. THE QUESTION OF SPEED. We suggest that a regulation or by-law should be made by the proper authority in Auckland defining the meaning to be given to the words "moderate speed" in this regulation in the Auckland Harbour. COMPLEMENT OF CREW. Section 54. sub-section 4, of the Shipping and Seamen's Act, 1903, provides that tUe provisions of section 54 as to "complement of crew" shall not. apply to or affect ships propelled by steam or other mechanical power plying within river limits or extended river limits. We suggest that: the law should compel such ships to carry a suffi- ( ient and specified number of seamen, etc., to ensure as far as possible the safety of the ship, passengers, and crew. The existing law is. we von Jure to suggest, unsatisfactory and we desire to draw the attention of the Honourable the Minister for Marine , i hereto. . SUGGESTION'S. We suggest that it is desirable Rules of ; Procedure for the conduct, etc.. of formal j investigation, under the new Act (1903) should bo made. See sections 244 and 248. We suggest that the Regulations for the Prevention of Collisions at Sea should be rigidly enforced and all responsible officers notified accordingly. We think it is highly desirable that a sufficient number of water police should be i appointed for the port of Auckland. POSSIBILITY OF APPEAL. Mr. Martin as'ked for the right to bo able to a-k for leave to appeal if it was thought necessary. Mr. Kettle said that whatever rights the court could give with regard to appeal would be given. It was then arranged that if it was decided to ask for leave to appeal the application should lx? heard before Mr. Kettle in chambers, and that Mr. Martin should give Mr. Tele 24 hours' notice of his application.

Mr. Reed asked for costs for his client as against Captain Southgate. Mr. Kettle said the court would consider, the matter.

Mr. McGregor said there was no insurance on either vessel, the company effecting their own.

Tha court was then adjourned, and Mr. Rose was instructed to draw tip a list of the costs and submit them to the Board.

The decision of the court will lie forward cd to the Minister for Marine.