THE KIA ORA WRECK

New Zealand Herald, Volume XLIV, Issue 13481, 4 July 1907, Page 5

THE KIA ORA WRECK

STARTLING EVIDENCE.

INQUIRY ASSUMES A NEW

PHASE.

CHARGES AGAINST CHIEF

OFFICER.

ALLEGED DRUNKENNESS

"fearful STATE OF THINGS."

A new and startling pha*o in the proceedings of the nautical inquiry in connection with the wreck of the s.s. Kin Or a was reached -yesterday, and some most sensational evidence was forthcoming.

It will be remembered that the Court, was to have given its decision last Friday, but that morning the Bench decided, in order to complete the chain of evidence, to obtain a member of the crew as a witness, this man having been at the wheel during one watch earlier in the night before the wreck. Up till that time nothing of any sensational character was even hinted at, and the witnesses had all been members of the ship's crew. Certain information was, however, received during the adjournment necessitating further inquiry, and yesterday evidence of a most startling character was tendered. The inquiry was resumed at 10 a.m., and there were on tl» Bench Mr. C. C. Kettle, S.M. (chairman), and Captains Grant and Sehofield (assessors).. Mr. S. Mays appeared for the Collector of Customs, (Mr. John Mills), Mr. C. Clayton for the Northern Steamship Company, and Mr. F. Earl for the chief officer of the Kia Ora (Mr. T. B. de Wolfe). A SHORT ADJOURNMENT. Mr. Mays said he would require to apply for a short adjournment, the witness Morris, .the man who was at the wheel from 10 p'.m. till midnight, and whose evidence was to be taken that day, not having arrived. Morris, however, was due at any moment. Later developments made it more essential than ever that Morris' evidence should be taken as soon as possible. "The state of things," continued counsel, " that will have to be related to the Court is almost indescribable—something fearful and I am anxious to take the evidence of Morris the first moment he arrives." ,'■'■■' Mr. Mays suggested an adjournment till noon.

Mr. Kettle: We will wait here till lit come.».

Captain Grant:. The bout reached Oneliunga at 10 minutes to nine. Mr. Mays: I suggest 12 o'clock, because I want to serve an amended notice of investigation on de Wolfe and 'the Northern S.S. Company. 1 have three witnesses out of the seven passengers, but they can wait till another day. Mr. Clayton suggested that Morris' evidence in chief should be taken, and as Mr, McGregor was absent and Mr. Karl ivas only instructed, the previous evening, the cross-examination should be deferred till later. Mr. Kettle intimated that the Court had no objection to this course. ' '*'... Mr. Earl said lie was not well acquainted with the case, not 'having followed the evidence in ill© press, and if the crossexamination were deferred he would have an opportunity to become acquainted with the. facts.,' ;

The, Court then adjourned; till a-ijuarter to eleven. ;/.- , - •• ■«-►-" >

THE STEERSMAN'S EVIDENCE.

REMARKABLE POSITION.

When the inquiry was resumed Joseph Morris, A.8., was placed ill the box. In answer to Mr. Kettle,: S.M.? the witness said lie had not read any of the evidence in this inquiry, nor had lie been, told of it. * ■■■ . '-."

Mr. Mays: Have you spoken to Mr. Kneen, of the Seamen's Union, about it? i Witness: Yes, I asked him if the first lmate said lie was oil the bridge during | his watch. .

Mr. Kettle: Are you quite sober? Witness: I hope so. .. Mr. Kettle: Have you had any liquor this morning?—No, sir. . Mr. Mays: Will you swear, you didn't ask Mr. Kneen about this case on board the vessel on your journey up or coming into town? •

Witness: Yes, I swear. You are quite aware of the position you stand —that if you give false evidence, you are liable to trial for perjury?— Yes. You heard what Mr. Kneen said to you; in my' presence?l admit I asked ; Mr. Kneen in the Court passage, not before, and Mr. Kneen said the mate said he was off the bridge during his watch. • Do you admit that,you.told me just now that Mr. Kneen said the mate did not say so?—I don't, admit it.

Mr. Kettle: Did you understand from Mr. Kneen that, the mate admitted he was off the bridge during his watch? Witness: Yes, sir. Was that all the communication, vou had?— That's all.

The witness went on to say he took the wheel from Chambers at 9.45, The chief officer, Mr. de Wolfe, was then in charge, and the course was north, quarter east.

THE CHIEF OFFICER'S WATCH. , Mr. Mays: Do you swear now thai, the chief officer did not at any time leave the? bridge? Witness: He left for two or three seconds only. Two men, Forbes and another, came up on the bridge to talk to the first mate, and after a while he went down to the deck with them and then returned. ■

Mr.'Mays: Do you swearMr. Earl: Might I suggest to the Court that this is not the proper procedure. This is the Crown's own witness, and this inquiry should, be conducted with abso- • lute impartiality and with great, care. Is it fair that Mr. Mays should commence in this highly dramatic tone? It savours of intimidation. I haven't the slightest idea of what the witness is going to say Mr. Mays: Well, 1 have. If the Court knew it would see that the course I am taking is necessary. I will put it this way: Do you admit you told two passengers that de Wolfe was off his beat for two hours? Did you say in the oresence of two passengers, Cavanagh and Mcintosh, that de Wolfe was off the bridge tor two hours from 10 to 12, and that you were at the wheel during that watch Did you say that at the place where yon landed,' i within 15 or 20 minutes after landing? Witness : No, sir. I swear I never mentioned such a thing. I may have said I was at the wheel from 10 -to" 12. _Mr. Kettle: Relate the whole conversation. -■•- '■• ■■■: .... - ■ ; « -

. Mr. Mays: I will ask him a further question to bring it closer to his mind than anything else. Do you admit that Cavanagh asked you if it were possible if tho mistake which caused the wreck was made during the first watch, and you replied, "Yes?" Witness: No. No such conversation took place, not one word of it. Do you admit you showed these two people how the mistake could have been made during the first wafyeh, and how the second watch could have taken the original course and yet led to this'/— No, sir. Mr. Kettle.- You never held that conversation? Witness: No, sir, nor any similar: conversation. ■ ■ ■■: Mr. Mays: Did you have any drink the night before the wreck? * Witness: No. I had some on the raft, where J got hold of about a-quarter of a bottle of whisky. ' ' 4 DRUNKENNESS DENIED. Can you say whether; de Wolfe: had any liquor that day, or that evening?—He may

have had' a glass or two, but he was not half. ■ .;■-•;-:■; ,

'What do you mean by half?— Between drunk and not drunk. '

Did he seem to have had any drink? — No. ■ ■ ■

Was there any change in the course while you wore at the wheel?— No. Mr. Kettle: From your observation of him while you were at the wheel, do yon swear positively that you detected no signs of intoxication? Witness: Yes, sir. Were you quite sober?— Yes, sir, I am a .teetotaller: .' .'.'-.-.." -..'." ■. ~.-. Did any other member of' the crew have liquor?— 1 cannot say. Mr. Mays: If it is said that shortly after, the captain left the bridge de Wolfe left also— -Mr. Earl: I object to that question, for I can see there is something to he led that would be damaging against Mr. dc Wolfe. It hasn't, been said yet so that Mr. Mays cannot lead that way. Mr. Mays: It will be said, but I will ask it in this way: Did he. . leave, the bridge between 10.30 and 11.30, wind not return lor three-quarters of an hour, or an hour? Witness': No, sir. ;•'-•■.; In reply to Mr. Kettle the witness said Via did not remember what watch lie had the night before. During his time oft' duty at Waitara he supposed he whs down the foc'sle and up the road, but he would take his .oath he tlid not enter a hotel door..He was positive the course was north, quarter cast, but could not remember the' course on the previous trip, or any other j trip. He remembered that course and nothing else. lie was 24 years of age, and had been at *»ea five or six years. He could not assign any reason for the deviation from the, course. If he had noticed any deviation lie would have called the cap- 1 tain. Mr. Mays: Why not Mr. de Wolfe, as he was on watch. *"''.' Witness: Well, I:suppose' I would have told him. In reply to .Mi. Kettle, the witness went on to say no one had since told him about the course, and he had read nothing in the newspapers. Then: was no discussion amongst the crew and the passengers as to the cause of the wreck. Passengers were allowed on the bridge in the daytime, but he. had not before seen any there at night. He could not say whether members of the crew could get liquor at the bar. After his return to Auckland he was here a week, but held no conversation with others of the crew about the wreck. Did it never strike you to ask yourself how the vessel got there?—No; I never thought of it. What did you think about?— Thought about the next job. (Laughter.) Did you see the captain between 10 and 12?— sir. When the captain left, it was dear. Did you see any drunkenness on the ship at —No. I went down at 12, and no one was drunk then. "SPEAK THE TRUTH." Who spoke first when you had the conversation with Mr. Kneen? —Mr. Kneen. He said. " Hullo, Morris, are you here?" I asked him did the mate say he was off the bridge for his two hours, and Mr. Kneen said, "Yes:" and he also said, "Don't you care anything, you speak the truth." Mr. kneen is present, and he says his reply was, "Why did you ask such a question." Is he telling the truth?—No, sir; he is telling a lie. Mr. Earl: ; I 'will not require to crossexamine this witness. A lengthy discussion then took place as to whether'the proceedings should bo continued that day or not. Mr. Kettle said that when he made the arrangement for the passengers to be heard on Friday he did not know they would be available before. The /.'Court then decided to proceed, leaving the right to counsel to recall the witnesses for cross-examination, and Mr. Kettle called for the chief steward. . ■Mr. Mays: I was going to suggest that we should' leave him till after at least five of the passengers have given their evidence. There is ; going to be a very serious set of allegations indeed. I want the chief steward, to be here, and hear, evidence first, as I don't want to trap him. •Mr.' Kettle: He could be called again after., .Let us- hear him now. CHIEF ' STEWARD RECALLED. ALLEGED INTIMIDATION. The chief,steward, Petersen, was then . recalled, and said the Kia Ora had a packet ' license.. The bar was run under the company's rules, and the liquor was supplied by the company, and witness, received the profit, :■■:■... ; ; Mr. Kettle; Has it been the practice, as far as you are aware, that the steward should receive the profit? 1 Witness: As far as I know. The witness went on to say that the bar was always absolutely closed when the boat was alongside the wharf. In the absence of instructions from the captain to the contrary.he (witness) would supply members of the crew or the officers. The closing -hour was midnight, and the bar was always closed then. As a general rule it was closed earlier. That night the bar was only opened once, and that was to serve three passengers. , ~".-.■ Do you swear you never served any members of the crew or the officers?

Witness: I swear I never served any of the crew. I don't remember serving any of the officers, because I am not sure if there was an officer with the passengers I served. To the best of my belief they were three passengers. Witness also said he went to bed about 10.15, and no one came to him after that for liquor. He never had occasion to serve either officers or crew with'liquor in; 'bulks - '•■''■_*■ . n '\' —- - 'Mr. Mays: Will you swear that bet ween 10 and 11 that night you didn't, supply or fill three empty bottles with whisky, and that de Wolfe did not take two of them and Baggstrom the other? • Witness: I swear I didn't sell any liquor. T absolutely swear I served no liquor to them or filled any empty bottles. Will you swear that there was no sign of liquor on de Wolfe at all that night?— When you saw me at. the police station and you told me if I repeated the evidence 1 had given I would be charged with perjury— WAS IT IRREGULAR? Mr. Earl: Stop a. minute. That's a most improper tiling. It's intimidation. Mr. Mays: Wait a minute. The witness went on : A sergeant of police came round and said I must come to the police station at three o'clock that afternoon (Sunday). I went there and saw Mr. Mays with the inspector of police.; Mr. Mays told me that the case had taken quite a different light, and 1 was placed in a very serious position, that five or six witnesses were prepared to swear, . and had already made statements that Mr. de Wolfe was muddled with drink wllen lie took the tickets that night, and incapable of performing his duly, and not fit to take charge of the ship. Mr. Mays told me to think over my position, and that 1 would be'charged with perjury if I did not alter my statement ; that was the effect of it.' Mr. Mays: Oh, no. We want the exact words. / -

Witness : I took it I would be prosecuted for perjury if I repeated my statement, and I was to think over my position seriously, and if I came to the conclusion that do Wolfe was a little bit muddled to come and tell you in the morning. I told you you were already on oath? — Yes. ' ":'■-■.*&&■'*''■ That the Court of Inquiry was a legal tribunal?—l don't remember those words. ,1 told you the'evidence was forthcoming, and I used ' the words "muddled with drink," and said if this. evidence was true, unci yours was false, you would be liable to a charge for perjury?—-You pointed out the Effect of my position, that I would be charged with perjury ' on my already sworn statement. , - . I told vou to go away, and think over the position?— told me to seriously think over the position, and said: "We have never known a man give his shipmates away, and this sort of thing usually comes out after, but fortunately this came out in time,", and if I stuck to my story 1 would have to swear that these other witnesses were lying, and I would have to give reasons .for'swearing so. You said it I. repeated what was said to me at the police station 1 was liable for contempt of Court,' and I replied I couldn't alter my; statement; that- it was perfectly true -thai

Mr. de Wolfe was perfectly sober, and I had already sworn so. Mr, Mays: You were finally advised togo away and think the position over? Yes, and if I came to any different conclusion I was to see you next morning. ; You were warned not to communicate] with other witnesses? Yes.

Were you threatened -or bullied in the matter?l was cross-examined, and when I said Mr. de Wolfe was sober you kept saying, "We know better." Mr. Kettle The position was that, Mr. Mays thought you had not told the truth, and he was trying to see whether you, Were prepared to go back on that evidence at all. Notwithstanding all that has taken place you still swear that there was no sign of liquor on de Wolfe? Witness: I swear that positively. Have you ever seen any signs of liquor on him?— Not since I have "been on the Kia Ora.

Mr. Mays: Was de Wolfe a.« sober as you are? l will swear lie wax .-suber. I jcannot say he had no grog that day. Would you have thought he had been ;in the hotel drinking all the time?— No..if lie had been I would have noticed it. ' | Mr. Earl: I object very strongly to that [part of the question. It is an insinuation l against Mr. de Wolfe that has not yet [been given in evidence. | -In going round for the tickets did he ■ stagger?— No. I Mr. Earl: Why did you so meekly go to the police office at' three o'clock on I Sunday. I Witness: The sergeant came for me. li thought I had to go. . : j I suppose you know now they had no I power to make you go?— 1 have concluded j thai now. ! I WAS IT IRREGULAR? I Mr. Earl: I must say it was one of the most erratic and 'irregular things I I have ever heard of, for a witness to be sent for by a, sergeant and examined by a representative of the Crown Prosecutor. j Mr. Kettle: From what 1 know of Mr. .Mays he only desired to get at the. truth, and things have to be done sometimes that j might appear strange to people outside, but jl cannot believe for one moment that Mr. rMays would try to intimidate this witness. The whole object seems to be to arrive at the truth. It is sometimes very difficult where all sorts of influences are. being brought' to bear, and it is very important to get a man's evidence before he can be got at. , • ■ Mr. Karl: lam quite sure Mr. Mays did not intend to be unfair, but with all due respect to the Court and to Mir.' Mays, it was an improper proceeding, and one that should not be countenanced. My client is apparently now charged with some very serious things, involving all kinds of charges, and to get a witness to the police station and confront him with the evidence of other witnesses to get evidence against Mr. de Wolfewell, I object to it very strongly. Supposing that this man had been weak and got frightened, and said something that Mr. Mays evidently wanted him to say, he would have thought it safe to stick to that here. Mr. Kettle: Of course you know that Mr. Mays is the last man in, the world to try to intimidate a witness. Mr. Earl I do not impute that, but I say the evidence should have been given in the box, and not before the police inspector at nil. MR. MAYS EXPLAINS. Mr. Mays (heatedly): Hear my explanation before you make any comment. At 11.30 on Saturday night* word came that de Wolfe was muddled with drink and not fit to bike charge of the ship. I started at once and got the telegraph office open, for the witnesses were scattered everywhere. I worked right through the night, and saw one witness on Sunday morning. I saw the way the evidence was going, and as Petersen was the only man who had been asked about the sobriety of the officers and crew, I sent for him. It was a- favour to him, and 1 let him know that if the evidence of these other witnesses was true he was liable to be. charged with .perjury, inasmuch as this Court was a legal tribunal. I pointed out exactly what the evidence, was going to be, and told him to think the matter over and put himself right if he had reason to do so. We talked generally on nautical inquiries, and he was not in any way frightened or intimidated. Ho. sat" there for about an hour and was no more frightened than be is now. The reason I sent for him was that he was the only man asked about the sobriety of the officers, and he was in charge of the bar. Had I known then what I know now, I might have taken a very different course with Mr. Petersen. You might as ■ well challenge my action in going to the Northern Company and Mr. de Wolfe, and telling them of the new developments in order that they might not say this was sprung upon them as a surprise." Mr. Earl comes to the case this morning and knows little or nothing Mr. Earl: Nothing. i Mr. Mays: And knows nothing about it, and presumes, without hearing any explanation, to challenge my action. Mr. Earl: I do not charge Mr. Mays with anything more than an error of judgment, which was, or might have been, prejudicial to my client. In my opinion it was a serious error of judgment, and "one that should not be countenanced by the ' Court. '■...".

Mr. Mays : All I told him can be corroborated by Inspector Cullen. You are not so accustomed to this sort of case as I am, and I know exactly what sort of attitude is taken up by crews of vessels, and, especially where loss of life is concerned, it is my duty to get all the evidence. I brought that man to the police station that he might do himself a good turn, and it is not fair for you to comment on my action before you have heard my statement.

Mr. Kettle (to the witness): You haven't altered your evidence?—No, except that I say,, there might have been an officer amongst the three men I served. Ale you prepared to swear now that you didn't serve any "officer?To the best of my belief I swear it. If 1 did serve any officer it was only once, and he was one of the three. I believed them all to be passengers. I swear positively I did not fill any bottles with whisky. THE PACKET LICENSE LAW. Mr. Kettle said section 34 of the Licensing Act authorised the person named, al- ' ways the master of the vessel, to sell liquor to any passenger on the voyage. The license only authorised sale to the passengers, and if allowances were to be given to the crew it was for the master to regulate it, and rightly'so, for if liquor was to be given to the crew the master should give the authority, and the crew should not have free access to the bar. Mr. Clayton: That's what the steward saidthat he would not supply the officers without the captain's orders. Mr. Kettle: He didn't say that. He said that unless the captain instructed otherwise he would serve.

.The Witness: That's not what J meant. I would supply the officers up till midnight, but. not the crew. , At; this stage the Court adjourned for luncheon.

OTHER SIDE OF THE CASE.

"A TERRIBLE INDICTMENT."

SERIOUS QUESTION FOR THE

COURT.

When the Court resumed, Mr. Mays said he had served an amended notice of investigation on the Northern Steamship Company, and on Mr. de Wolfe, to tne effect that, in addition to notice already served, it was intended to submit the following question for the consideration of the Court Whether the loss . of the said ship, and the consequent loss of life, was not due, directly or indirectly, to gross acts of misconduct, drunkenness, or default upon the part of tho first officer, Mr. de Wolfe." Mr. Mays said that the position now was that he, had five out of the seven passengers. Two of the witnesses had not arrived, one having broken his leg, and the other being at.Wanganui. He hud taken the statements of the five, and thej ■ seemed to him to prove, without doubt, I that the chief officer whs intoxicated, that ; he was off the bridge from 9.30 till 11.30 or 12. lie (counsel) had a witness who saw do Wolfe drinking from 7.30 till nine o'clock with two passengers,, and later with Baggstroni, tne engineer, and finally with Captain Blaeklockj who had one drink.

But possibly the most important witness was Cavanagh, who remained on deck, and later went down into the saloon, and he would swear positively that de Wolfe, with Baggstrom, came down after most of the passengers had retired, and they had with them three empty bottles, which the chief steward filled with whisky. They invited Cavanagli over, and lie had a drink with them. He followed de Wolfe and Baggstrom on deck, and saw them go to; the officers' quarters, and they had nor come out, and de Wolfe did. not go on 'the bridge, up till 10.30. AH the witnessessaid that when de Wolfe went round for the tickets he was muddled with drink, staggered, and was unlit to be in charge of the ship. Some witnesses would say ; that in the boat de Wolfe said: "1 don't 'know where I am, and I don't know where to go," and when they got there de Wolfe and Baggstrom got lost in the bush next day, and when found by three passengers, did not recognise them, barefooted and bat- ; tered as they were, : as passengers', " but told them the startling news that the Kia Ora was wrecked. What took place on the beach, regarding the women especially, was a terrible indictment of cowardice and brutality, there was !no doubt about it. The passengers got little of the food brought from Marakopa. and the only provisions brought' by the Raraw'a was a tin of biscuits and two bottles of ■ brandy. The biscuits were thrown out and the brandy was taken by the crew. 'The male passengers and their wives and [children got nothing at all. They got very little of the food brought by the settlers. It was, indeed, a terrible indictment. One of the crew went so far as to isnatch a blanket from one of the women, and the crew erected a shelter and left [the unfortunate women and children outside. Mrs. Cavanagh was covered by a 'blanket while her husband took off her wet clothhing to dry by the fire. "While he-was taking the clothes to the fire," continued Mr. "Mays, "one of these curs snatched the blanket from her, and it was only when Mr. Cavanagli came back that it * was given up. The passengers started up this 1400 ft climb inland through the bush, carrying the children, and not a- man of the crew would lend a hand. As to de Wolfe's conduct, what we allege is what he was likely to do, and what his previous history would lead me to expect. I understand from the Northern Company—" Mr. Earl: 1 object to that. This sort of thing should properly come from the witnesses.

Mr. Kettle : There is no necessity to open any further, Mr. Mays. .We can have the details from the witnesses.

A PASSENGER'S EXPERIENCE.

"DOGS BEFORE MEN."

I Thomas C'avanagh, contractor, Marakopa, was then called. ! Mr. Earl here remarked that the matter I had now readied such a serious phase, and "it might involve a charge against de Wolfe of manslaughter, so I would ask that all witnesses be ordered out of Court." This was agreed to by the Bench. The witness, in evidence, said : 1 was a passenger on board the Kia Ova, and my wife was also a passenger. We left Waitara at 9.30. I saw de Wolfe going round with the chief steward for tickets, and de Wolfe was staggering. He fell up against the saloon railing. I did not hear him say anything at that stage. He gave me the impression of b<*ing under the influence of liquor. After de. Wolfe left me 1 had a- conversation with Messrs. Forbes and Partridge, and. then went into the bar in the saloon. I had two drinks, and Partridge joined me in the . first., one. J Forbes then asked Partridge to join him in one, but Partridge said he was full" arid had had enough. Forbes then went on 'deck and I followed him. I returned to'the saloon.a few minutes later and sat down, and-while there the chief officer and Mr. .Baggstrom came in. De Wolfe had two bottles in his hand and Baggstrom also had one. They were whisky bottles arid were empty. They had them filled and' started drinking, and, at their invitation, I had a glass or two. They then went up the steps, and I went after them, and stood by the rigging at the mizzen-mast. : I saw them pass in under the bridgewaJ/. I remained standing where I was for the space.of half-an-hour, and during that time neither of them came out. While I was there no one went up on the bridge. Mr. Mays: Did you know where the captain was at that time? • ■ ' • Witness: No. >.:■■

Did you sec him on the bridge deck?— No. •■••.-■:•■■.

Witness, continuing, stated that he wont! and lay down in the saloon, and remain-1 ed there until the ship struck. He was! thrown across the' floor,, and rushed up on deck. As soon as lie arrived there, be saw! the captain come out of his cabin, catch hold iof a rail, and look out first on one| side of the ship, and then on the other. i He was fully dressed, excepting his coat. Witness, who knew the coast well, saw J where they were, and went to the ladies' ] cabin and put a lifebelt on his wife. The captain then called out to bring the wo-1 men along on to the bridge. The captain was- the only man there. Subsequently the i captain said it would not be safe to launch the starboard boat, as she would be dash-; ed to pieces, and he ordered the women to go over to the port side. He called out J for Mr. de Wolfe, "who then put in- an! appearance Avith two seamen. They then! started to lower the port boat, and de Wolfe called out for a knife. When ' the I boat was level with the rail the. women! got in, and they commenced to lower] away. Witness then remarked, "How are the women going to get on if anything j happens, with no one in the boat?" He addressed this generally to even-one there. The chief officer and two sailors then got into the boat, which left witness. Captain Blucklock and (mother man standing there, 'LET GO THE PAINTER." Mr. Mays: While you were standing there did you hear anything? Witness: Yes, I heard someone cry out, " For God's sake let go the painter, "or we will go down with her!" Whose voice was it?—l believe it was the mate'*. Who let it go?—I did. I went forward to the bow, and let it go. Continuing, witness staled that while he was with Captain Blacklock he (witness) remarked that they were just off Tirau Point. Captain Blacklock, in reply, said, "Yes, we are." Witness saw the land. There was no fog, and, in his opinion, the break on the reef should have been seen at least 400 yds or 500 yds away. The noise of the breakers should also have been heard at a considerable distance.- After letting the painter go at the forward end, witness stood and watched the boat as it drew away. The vessel in the meantime as going' down stern first, and the captain and Forbes soon became immersed. Forbes made his way up to witness, and witness held him against the side of the boat, but Forbes fell back into the water. He name again, however, and witness again helped him. Captain Blacklock was in the meantime struggling in the water with something white. Forbes remarked to him. "I think it's a case with us this time, old man." Witness replied that he thought so too. " Then," continued witness, "it appeared an though a big wave was coming over, and down I went. The ship bad sunk. Forbes bade me "Good-bye." Mr. Mays: Before you sank, did you hear Captain Blacklock call out. Witness:' Yes; I heard someone call out "Tom," and that drew my attention. The same voice then said, 'Can you' or 'bring the boat over.' "

Whose voice was it?-—The captain's. Was there any reply to his call?— Could you see the boat then? — Yes.. Mr. Kettle: That was before you sank, was U? . Witness: Yes: it would be about three or four minutes before she disappeared. You were well perched up on the bow?--Yes; I could see the captain struggling with something white about 25yds or 30vds away. Mr. Mays: Did the boat come towards him at all" up to the time you sank? i Witness : No.

After you came to the surface, what did you do?— I saw something floating in the water, and made towards it. It was a sack of chaff. I clung on. to it. I then started to cry out' Forbes' name, but got no answer. There was no sign of anything or anybody. I held on to the sack of chaff, and after some time had elapsed, got up near the boat, which was then burning a;

light. I called out. The boat appeared to be getting away from me again, and <4 called out that I lid not want to get into it, and that I was all right. 1 got a bit closer. 1 heard a voice say: "You can't.get into the boat." Did you know the voice?— appeared to be the chief mate's. • Did you say anything else?—l told him that 1 was all right; that all I wanted to do was to put my hand on the side. Then, as he pulled alongside, he said : "You can't get into the boat.". I told him I did not want to. -. I got alongside, and put one hand on the gunwale of the boat, while I kept holding on to the bag of chaff with the other. I remained like this for fully an hour. m , TWO ,-DGGS IN THE BOAT. Mr. Mays: I think that at this time there were* two dogs in the boat? Witness: Yes. " Witness identified the dogs from an illustration in the Auckland Wicekly Nkws. Mr. Mays: And these dogs were kept in the boat, and landed on the beach? Witness: Yes. During that time did one of the firemen, or one of the crew, get into the boat? | Yes. sir. Which one was —Symes, Dunning, or ! ': — don't know his name. The engineer (from the body of the Court): Symes. Mr. Mays: Did you see de Wolfe trying to find the compass? _„ Witness: Yes. He did not find it without considerable trouble. • It was right underneath where he was standing. And when he got the compass did he know where he was?—He did not appear to do so. Mr. Kettle: Did he say anything? Witness: Yes; he said something to.the effect that he did not know wiiere he i was. The land was then -in sight. - In reply to further questions, witness stated that he was taken into the boat,! after hanging on in the manner described! for an hour. They were then thinking; about landing. ' j >•. Mays: While you were hanging on: to the boat's side did you hear any pinestl about- the dogs being kept in the boat? Witness: Yes, -someone made a remark about, the dogs. being thrown out. Did you hear what de Wolfe said •to that?—' No. Witness went on 'to say that the raft was finally attached to the boat, and that) considerable hesitancy was . displayed on] the part, of de Wolfe in effecting a landing. I The raft was. ultimately detached, and was beached without much trouble. Mr. Mays: Even after the raft- had lauded, did you have much difficulty in getting de Wolfe to attempt to make a- landing? Witness: Yes; he ordered the men to I pull out again and not to land. How did voir get him to do it then?— I The men at the oars said they ought to pull in. WHAT MORRIS SAID. Now, then, after you got ashore I think it was you who had a conversation with the witness Morris? Yes. After the officers had gone, I turned to Morris .and asked who was on duty w.hen the vessel struck. He replied, " Old Andrew was, but I was at the wheel during the first watch from Waitara. It was the first mate's watch, and I was at the wheel for two hours, and nobody was on the bridge. Did you ask him as to whether it was possible that a. mistake was made on the first watch? Yes. By mistake, you mean the mistake that caused the accident?— Yes. Morris said a mistake could have been made on the first watch, and drew a sketch on the sand showing that the man who took the second watch could still have pursued the same; course as when he took the vessel over, i and then have struck. , J THE STORY' OF A BLANKET. I Mr. Mays: I think when your wife was in the. boat she had a blanket, which a passenger named Pratt threw-to her? Witness: Yes. She had that round her when she got ashore? —Yes. • I think she was in a very delicate condition just then?— Yes. ' • Tell us what happened?— They took it from her, and with this and a sheet, they erected a shelter which they all got under.; Air. Kettle: Did you see them lake the blanket? V "l[ Witness: No. ' Mr. Mays: Did they put your wife or! any of the other ladies under it? j Witness: No, they did not. They left them out in the rain, also the man with the broken leg. Mr. Kettle: Do you mean to say that the crew iised the shelter themselves? " •

i Witness: Yes, 1 do. They left the wo- j men and children and the man with the! [broken leg out in the rain. , | Were there no officers present? There j I was only one there. . | Didn't you protest to him?—No, I did [ I not.

Didn't the officer protest?— No. Why didn't you protest?— was useless to do so, the way they were carrying on. Why didn't yom protest to the men? Under the circumstances, Your Worship, it was useless. I suggested when one very heavy shower was on that certain alterations should be made, but the reply was "Later on." It was never clone.

I You made no protest at —No. I Mr. Kettle: I cannot understand. j In reply to Mr Mays, witness said he | was feeling very bad at the time. He I told the men that he would not make any comment there, but. would do it through the columns of the press. The crew did not help the women and children in any [way at all. They lighted a. fire near the. shelter, and slept under the shelter all I night, the women and children being outside. It was a cold night and rained heavily." On the following day, after the |settlers arrived with blankets, a man named W'iliisden gave him a bottle of whisky to give to the women and children. 1 Witness took it to the stewardess, and asked her to give it to Mis. Mcintosh and her j children. The stewardess said she would give it to the steward. Mr. Mays: Did any of it reach the women and children? Witness: No ; not until Mr. Mcintosh took it away from one of the crew. He gave his wife and children and my wife some. ANOTHER BLANKET INCIDENT. Mr. Mays: Now, as to the other incident. You put a blanket round your wife, 1 believe? Witness: Yes; I put a blanket around my wife so that she. could take some of her clothes off. After getting them off, I took them over to the fire to dry them. Four of the crew were lying with their , feet to the fire, with their heads to my wife's feet. While I was engaged in dry- , ing the clothes, one of the four got up 1 and pulled the blanket away from my , wife. I did not see it, but when I got , back, my wife told me that one of these men had pulled the blanket' away from [ her. Mr. Kettle: She was uncovered, was '. she? Witness: Not then. She had got the blanket back, and was putting it round i herself. They were laughing. I said, " Now, if you can show me the man that \ did that, although he has been saved from , the sen, he might not survive on land." i I asked her to be sure that she pointed out the right man, but she could not. , Air. Kettle: What did you say to the men?

Witness: I said nothing, as I was not sure of the right one. Witness went on to say that the day on which the Rarawa arrived, two bottles of whisky or brandy and a tin of biscuits were sent ashore. The biscuits, he was told, gotwet, and were thrown into the sea. When he saw the bottles they were empty. ' ALLEGATIONS AGAINST THE DOCTOR. Further questioned, witness alleged that when the doctor came ashore from the Rarawa he did not do all he might have done. Witness drew the doctor's attention to the state of his wife, who was almost in a. state of collapse. He explained her condition, and said that she was experiencing pains. She was in a settlers' house. The doctor, in reply, said, "Oh, she will be all right," and went away without visiting her.

To Mr. Kettle: fie did hot ask the doctot again to see his wife, and did not find fault with him when he went away without seeing her. ;

To Mr. Mays:; He-was disgusted with . the whole crowd. v ( i Questioned with regard to the man who! . had the broken leg, witness stated that the ! doctor simply put splints: on over the trousers and bandaged them round. The doc-! . tor did not' cut open the trousers, or remove them to'look at the leg. I Witness, in conclusion, said he had.noj ! malice against de Wolfe, or any of the I others, and had come forward voluntarily j to give his evidence. " ! i To the Bench: He did not contemplate! making any claim against anyone in con-j' ! nectiou with this matter. There was no'' ; fog up to 11 o'clock, and there was nonet] ! when the vessel struck. Only one boat 1 was launched. The other one went down'! with the vessel, and no attempt was made ' to launch her. j : " "uNGODLY LIES." j At the request of counsel the cnu.-j' examination was postponed until a future 1 date. ... •,- J .Mr. Baggstrom: May Task what reli- . gion this gentleman belongs to? jMr. Kettle: Yes. j Mr. •■ Baggstrom (to witness): What reli-[ • gion do you belong to? . . . J Witness: Roman Catholic? ! ' How can you, on your oath, then, swear'' to such ungodly lies? j 1 i The Magistrate intimated that such a' style of cross-examination could not be! allowed. I, | Mr. Baggstrom then asked witness whe- , tlier lie would still swear that he saw him!; ■in the saloon, as he alleged, if lie -((the] speaker) could prove that he was elsewhere ! at the time. Witness said he would still;.' adhere to his statement. ', To Peterson: He gave him (Peterson) a. bottle of whisky at Wailara. :, I To the fetich: He was sober when he J went on board, and remained so the whole i' I time. "'■ .', ...•• "■ —: ' • it ANOTHER PASSENGER'S .) STORY. It WHAT HAPPENED ON SHORE. j William McFarlane Mcintosh said he iwas a farmer residing at Kawhia. He,'] !his wife, and two children were onboard ' j the Kia Ota at the time of the wreck.!' , On June 12 lie saw de Wolfe on the Wai- ' I tarn Wharf about. five o'clock, and con-' versed with him about the tickets. He : i I also saw de Wolfe at the shipping office. ' j Up to this time de Wolfe "showed no ' signs of liquor. Witness gave de Wolfe J • the tickets at the office, saying it would ' save him the trouble of collecting them ' ,; later. When paying for his tea at the ' ! hotel bar witness saw de Wolfe in one ' of the rooms. Afterwards, about 8.30, 1 .witness went buck to the hotel with Mr. ' IStock, the shipping company's agent, and ' 'had a drink. ! ; AT THE HOTEL. _ j< He saw de Wolfe still in the hotel, with Forbes, Baggstrom, and. he thought, Par- ] fridge. They were all drinking. TheL captain came in and had one drink with ] de Wolfe and the rest. Witness was in the hotel about 15 minutes, and had two L medium glasses of beer. He returned to!, the boat just shortly before it left. He', spoke to Partridge on board, and Pariridge was in rather a muddled state, and , said he had had rather too much, and "that , Forbes had been "shoving it into him." ] In the bar' of the hotel witness was only , sft away from de Wolfe, and he (witness) ] would say de Wolfe was in a muddled!, state.., In saying this, he was going by h de Wolfe's eyes more than anything. , U ! 'Mr. Mays : Do you think he was fit to < •take charge .of.that ship?—No; he was j {not. i Continuing, the witness related how he , [felt the shock of the vessel striking the reef. , He went down and got his wife and the , children" out. The chief steward and the second steward assisted to get the ladies up on deck. Mr. Mays: When you looked out from the ship could you, see the land?— Plainly. . Was it foggy?— was clear. . ~ How far should that reef have been visible?— There was a, break on the reef. : There, is always a break on the reef, and I ■ reckon it could have been seen four or five , chains away. ; The witness went on to say f he assisted'to get the women and children - into the port boat. He,saw no attempt to , lower the starboard boat, but an attempt . was probably made while he was aft. He , saw the port boat lowered and heard some- ; one, lie thought it was de Wolfe, call out, j "Let "go the.' painter." The painter was . let go by Cavanagh. Witness went over.board at'thc time the- vessel broke up, and , was taken into the boat. He saw Cavanagh , swimming to the. boat, and heard him call out. When Cavanagh came alongside, de t ; 'jWolfe told him not to get in, and Cavanagh!, swam alongside. L THE DOGS IN THE BOAT. ; There were then two big dogs in the boat, , [and several protests were made about keep- , ing the dogs in the boat while a man was in , the water. De Wolfe made no reply, but • Cavanagh was taken into the boat later. , Mr. Mays: Was there any trouble to fret ] 'de Wolfe to go ashore? Yes, he thought. it was too rough. De Wolfe said on several ' occasions he. didn't know where he was, and , Hie could not find the compass for a-quarter , Jof an hour. L Did you speak to any of the officers on ; [shore?—l said to 'second mate, Mr. . Robertson, that it wasn't very foggy, and , he replied no, if it had been we wouldn't , have been where we were; he thought it ' was just a matter of over-confidence. , ! Did Petersen speak to —No, but 'I . !heard him say, "I said to myself as soon'as , !she struck, that's de Wolfe." :', 1 Did you see the shelter erected?— Yes. I, ! Did they allow you or your wife under;'. lit?--Well. I didn't ask them. I didn't;! put myself forward. i j' Mr. Kettle: Had you any fault to find ' : with the conduct of the officers or crew] !after you landed?— No. , ~ WOMEN OUT ALL NIGHT. ! i Did the chew offer the women and chil- ( dren the shelter? —No. h I They were not asked for it, and didn't , [offer That's so. One lady was in the ( ! shelter, and my "wife and Mrs. Cavanagh j land the two children were out in the open - all night. < | ' Mr. Kettle: Would they have been out j of the rain in the shelter? My wife , [had an oilskin on. It was Mr. Robert- ! son's, and he gave it to my wife. Mr. Mays: Did any of the crew assist;', [you on the climb inland?A fireman assist-1 ed my little girl up the track, and a, sailor - j assisted us for a little way with the boy. • Have you any fault to find with the pro-, visions? —Yes; we had terrible hardship. 1 The boat was not properly provisioned at ] all. ' ' ] Mr. Mays: What was it you heard the ' stewardess say in your presence to the doctor from the Rarawa?She said that if the passengers had anything to sa-*- about [j 'the crew after the way they had been treated, they (the passengers) were a lot] of curs. ... | ' What did sue say about the inquiry?—iShe said there would be no passengers at* the inquiry. f „■ • V I' THE RARAWA'S PROVISIONS. |« What provisions were sent from theh Rarawa. and what did the doctor do?— There was a small tin of biscuits and two I bottles of brandy. I didn't see the doctor I, do anything. . Did you get any of the biscuits?—No; ; neither my wife nor the Cavanaghs got ; ■ any. nor did I see any. ; Mr. Kettle: But you would have pro- , • visions from the settlers? —The settlers ran ■ , short of provisions. ', What became of the biscuits the Rarawa , sent?— biscuit tin was used for bailing, , Mr. Mays: Were any provisions or t spirits served out while you were in the] boat?No, sir. At this stage the inquiry was adjourned ; , till 2.15 p.m. to-day, Mr. Mays stating he • ', had other, passengers ready to call, and he , was ready to go on, but Mr. Earl and Mr. ; Clayton required to see their witnesses in , the' meantime. •'• ' . i