KIA ORA WRECK.

New Zealand Herald, Volume XLIV, Issue 13482, 5 July 1907, Page 6

KIA ORA WRECK.

THE NEW PHASE.

ALLEGED DRUNKENNESS.

EVIDENCE OF PASSENGERS

DENIAL BY SECOND ENGINEER

'I'n Nautical Court resumed its sittings in connection with the wreck of the s.s. Kia Ora yesterday afternoon. Mr. C. C. Kettle, S.M. (chairman), anVl Captains Grant and Scliofield were on the Bench. Mr. S. Mays appeared on behalf of the Marino Department, Mr. C. Clayton for the owners of the vessel (the Northern Steamship Company), and Mr. F. Karl for lie first officer, Mr.' 1". B. de Wolfe.

The sensational evidence adduced on the previous day had created keen interest on the part of the. public, and the auditorium of the Court was tilled by spectators.

Mi-. Kettle asked for Forbes, the lookout at Die time of the wreck, to be recalled, but lie was not at the Court.

i Mr. Mays said he would first like to make an application to the Court that the passengers who were called as witnesses should be allowed the use of ? separate room, as I they complained of annoyance from the j ship's crew while about the passage?.

Mr. Karl: I would very much like to know what it is that is complained of. This- is the first 1 have heard of it-

Mr. Kettle: Of course, if there is anything of that sort, I will soon put a stop to it.

Mr. Mays: I would rather that they were kept separate. They have asked for it, and they came to me in a bedy and complained of annoyance.

Mr. Kettle: If there was anything in the shape- of insult or annoyance, I will deal with it very promptly.

Mr. Mays: They might have the justices' room.

Mr. Kettle agreed to this.

MV. Karl: It's only fair that the Court should be informed what particular member of the crew is "referred to.

Mr. Kettle: That's only fair. Mr. Mays .said lie would get the passengers together later, and ask them.

Mr. Earl: Of course, it's an imputation on the whole crew, and I, would like to iknow what sort of interference took place.

EVIDENCE CONTINUED.

ALLEGATIONS AGAINST THE' CHIEF

OFFICER,

! Basil-D. B.Herdson. flaxmill contractor, residing at Raglan, said he was a passenger by the Kia Ora on the night of the wreck. The first officer, de Wolfe, came round for tickets- between 9.30 and 10 p.m. Witness noticed de Wolfe's actions and condition.

Mr. Mays: Did ho stagger? Mr. Earl objected to this as a leading question, and Mr. Kettle asked Mr. Mays to avoid leading questions as much as possible.

Mr. Kettle: What action did you notice? —He was slightly staggering, and the impression r formed was that he was under the influence of liquor, and that was the remark I passed to a fellow passenger at the time. •

Witness then said he "turned in" soon after leaving Waitara, but did not sleep all night, and he was wide awake when de Wolfe went into the smokeroom for the tickets. When the. ship struck, witness went on deck. He could then see the land quite plainly. He eventually swam from the ship to the boat. This was not his first trip- with de. Wolfe. He knew de-Wolf every well, indeed, by sight,, having seen him at Raglan and other places, and had travelled on boats on which de Wolfe was an officer. He (witness) was not mistaken as to his condition. Mr. Mays : What wis his demeanour in the boat? Did he know where he was?— Absolutely did not know where he was ; and he said, "I don't know where I am, and I don't know what to do." THE LANDING. Did he appear to know what to do ?— All lie did was simply to keep the boat's head to the sea till daylight. The boat picked up everyone we could find: As far as I could see we were directed where to land by the raft. At this stage Mr. Earl said he hoped all witnesses who were yet to give evidence were outside. Mr, Mays : All mine are ; I don't know about yours. . Mr. Earl said the officers were in Court, of course, for they were practically in charge. The witness went on to say that he and Barraclough, Pratt, and Lash set out half-an-hour after landing to get assistance, so that they could not speak of the shelter or assistance to the women and children. Baggstrom and de Wolfe .left j immediately after the landing, to seek as- j sistance. When witness was about three miles on the journey he heard Voices call- J ing out. Witness and the others answer-: ed, and eventually de Wolfe and BaggStrom came out of the bush. They had j been on the wrong track. One of the j four passengers had . only one boot, two i no boots at all, and no hat, and they were covered with mud. J Mr. Mays : What did Baggstrom say? —He said, "I have some very sad' news | to tell you ; the Kia Ora has been wreck-j ed." I laughed, and said, "Why. we're j in your party." .Mr. de Wolfe did not| say* anything. | Then you got to Shera's house, and j they arrived half-an-hour after, __ three hours' journey from the beach? Yes. . '. Afterwards, did you hear a con versation between Baggstrom'and de Wolfe?—l Yes. Baggstrom said, "How do you feci for coing back with a billy and a pound of "tea?" Wolfe made no reply, and made no attempt to go. Baggstrom ' had sent on the news to Kawhia by a settler?— Ye;'. What was his condition—was he able l 0 g?— No; he was "knocked out." A DISCUSSION. Mr. Mays: Now, I am going to ask you about a discussion. I only want to know if there was a discussion, but you mustn't give the words, for that would not be admissible. On board the boat, was there aiiv discussion as to de Wolfe's condition? —There was a discussion amongst three of us after the tickets were taken. Mi. Kettle: Who were the other two?— Ross, who was drowned, and Pratt. Mr. Kettle: Was there any meeting called cm the beach, or discussion, as to what was to be done?—No, except that I said to some others, "Well, we'll have to set out for help. Did the officers hold a conference or discussion as to what should be done?—No, nothing of that kind. Three of us counted up the number on the beach to see how many were missing. Mr. Kettle asked Mr. Earl if he wished to cross-examine.

Mr. Earl: I would like to recall this witness to-morrow. We are getting statements from all the officers and :rew, but haven't completed them. The Court agreed to defer the cross-ex- | amination.

Mr. Kettle (to witness): Have you seen de Wolfe under the influence of drink before? Not before the wreck. I have seen | him since the wreck, at Raglan;

"MUDDLED WITH DRINK."

•A BUTCHER'S TESTIMONY

Frank Fletcher Barraclough, butcher, re-1 siding in Hawera, a passenger by the Kia Ora, stated that he went on board at Waitara about 9.30. Just after they crossed

the bar de Wolfe called witness and asked for his ticket. He noticed de Wolfe's condition. Mr. Mays: What was it?—He was drunk. What stage of drunkenness?—A muddled stage. ' Could you detect liquor on him?—l could smell it. In your opinion, was he fit to take .-(large of the«sfaip?—He wasn't fit to take charge. What was his voice like?—l suppose you would call it thick. From that time, where did you remain?— I went up on deck, and then back to the saloon, and came on deck again after the ship struck. The witness also said he swam out from the vessel, and was picked the raft Was there any discussion as to de Wolfe's condition? .Mr. Earl: 1 think I was wrong in not objecting to that question before. It is not evidence; it is giving the subject matter of the conversation. Mr. Mays: I ask not for the .conversation, but for the fact that there was a conversation; that is evidence, though the words of the conversation are not. Mr. Karl: That, is simply making evidence against de Wolfe. Mr. Kettle: 1 think you could ask whether there was any conversation. The witness replied that there was not. Mr. Mays': I mean on the beach? Ml\ Earl: That is the objectionable part of the question. Witness stated that there was no conversation as to de Wolfe's condition on the boat or cm the beach, but there was on the march. The witness went on to say that lie overtook de Wolfe and Baggstrom in the bush, and Baggstrom informed them, that the wreck had occurred. Mr. Mays: Did you hold a conversation with de Wolfe?—"i asked him what was the cause of the wreck, and he. replied : "It was through the fop;." Was there any fog at the time of the wreck?— I came on deck the night was clear, and I could see the land and the reef. Mr. Kettle: What did you see?Ve could see the land and the reef quite plainly. On the starboard side the rock seemed to be five or six feet out of the water, and there was a break on the reef. The land seemed to be quite close, and stood out against the sky. The witness went on to say he saw the chief steward serving out drinks at about 10.30. He (witness) had a bunk in the saloon, and lie saw Forbes, Cavanagh, and Partridge having a drink. They remained at the bar probably about 20, minutes. He went to bed and went to sleep soon after, and saw no other drinking nor did he see three bottles filled vith whisky by the chief steward. He slept soundly, and others could have come to the bar and he would not. have heard them.

To the Chief Steward (Petersen): It was! the chief officer who asked for my ticket. You didn't ask for it, and 1 didn't see you then. If others swear you asked for my ticket I would contradict them. You remained at the bar, talking to the passengers. To the Chief Engineer (Baggstrom): I heard you calling out in the bush. _ I don't remember you calling out, "Where are. we?" and one of our party replying, "We want to know that." 1 remember you saying, "I have some exciting news to tell you—the Kia Ora is wrecked." Were you surprised I didn't know you? —Yes. I thought you would be bound to know us. I had onlv one boot and no hat.

You were covered in mud? —Yes. Mr. Kettle: Of course it, is quite possible that you might have mistaken them. There's no inference to be drawn from the fact that you didn't recognise them as passengers.

ANOTHER PASSENGER

FURTHER CORROBORATION

James William Lash, a blacksmith, residing at Hawera, a passenger by the Kia Ora, said he saw de Wolfe about 9.45. De Wolfe was then in a muddled state through drink. His face was flushed, and Witness could smell liquor on him.' Mr. Mays: Was he fit to take charge of the ship?—l should say, by all appearances, he was not.

Continuing, witness said Id's ticket was taken on deck, and about, (i-quarter of an hour later lie went down to the saloon, and sat there reading awhile, and then " turned in," and was reading in bed for 10 minutes. Ho then went to slenp. While reading in bed he saw Cavnnagli, Forbes, and Partridge drinking at the bar. He did not remember them leaving the saloon, and saw no other persons coming to_ the bar. He went on deck after the ship struck, and received a lifebelt from the chief steward. Witness then remained on the bridge deck till the vessel went down, and then swam to the raft. Half-an-hour after landing he, with three others, set out for assistance, and that night witness stayed at Marakopa. The following day he went in a small oil launch: to Waitara from the Marakopa River. Mr. Kettle: Do you want this on the de- : positions? Mr. Mays: Yes: 1 want to anticipate something that will be brought, out after. Who took charge of the landing?—l was on the raft, and the second officer and 'he, chief engineer directed the landing. I heard them call out, "Go to the right." The place de Wolfe was heading for was a ; blank cliff, with no landing. They directed him to a beach further down. The.witness also said he heard de Wolfe asked in i the bush what caused the wreck, and de [Wolfe replied that it was caused through ! the fog. That was all that was said.

To Mr. Baggstrom: Witness remembered the raft picking Baggstrom up, and Baggstrom asking for an oar, so that he could get exercise to keep him warm. The boat took the raft in tow, and was pulling to windward. Witness would not know that there was a strong set against the boat.

Mr. Kettle: We can quite-understand that there might easily be confusion atlanding. ■ •■

Mr. Earl: We say there was no confusion.

Mi'. Kettle: There's no allegation of misconduct in the landing. Mr. Earl: There was a very strong one. Amongst the very heinous offences they charge against de Wolfe is that he. didn't even know how to get ashore or know how to land.

Mr. Mays : That's so. Mr. Baggstrom : The boat was going to windward, and you don't know why?— No. You remember the fog lifted and we saw the land? Yes.

Mr. Kettle: Was there fog, then?— Yes. This was an hour after we struck.

Mr. Baggstrom : You heard the second officer and myself calling to the boat to make nearer to the land?—l don't, remember thai.

You remember us letting go the rope and starting for the beach ourselves? Yes. You remember I passed the word, " Belter hang out to sea till I get ashore and find out the bearings of the beach?—l don't remember that.

Did you see me, after we got ashore, wave to the boat where to come in?— No. At this stage Mr. Mays intimated that no more witnesses were available that day. Mr. Kettle : The Court will recall Forbes.

Mr. Mays said it would lake some days to. get Pratt and Partridge, and some rebuttal evidence would have to be put in.

Mr. Earl offered to put the second engineer in the box, so that his evidence might not take time later. Of course, Mr. Mays had not closed his case. Mr. Kettle: I see no objection to calling a.ny witness. The general object, of this inquiry is to get all material evidence to enable us to arrive at the cause of. the wreck and the conduct of the oflicers.

'crews SIDE OF the case.

PASSENGERS PROPERLY TREATED

Hugh Lister, second engineer of the Kia Oia, called by Mr. Earl, said he was in the engineroom when the vessel left Waitara ill * two a.m. His watch was from eight p.m. to two a.m. At 9.35 he got the order, "Slow ahead." Various orders were given going down the rivet', and at 9.50 the order whs " Full speed ; all clear." The speed' was between seven and eight

i knots. After looking at the engines, wit- • ness came up to shut the steam off from ' the winches. He then saw the chief en- 1 ; gineer in his room, partly undressed, his 1 coat being off. When witness returned < I from the winches, about 10.15, the chief '. engineer (Mr. Baggstrom; was lying in < '. his bunk, smoking. Witness next went < clown the engineroom, and the passenger .Mcintosh came down and talked till about i 11 o'clock. They came on deck then, and < the chief engineer's room was all dark, < They talked on deck for a-quarter of an - ■ hour, and then Mcintosh went away to go to • ; bed; that was about 11.50, and witness h ! went down to the engineroom again. There were no lights in Mr. Baggstrom's room, i and the curtains were drawn. Witness did : not go near the saloon. From the time . ;i they left Waitara lie saw no officers, with the exception of Mr. Baggstrom, and about .12 o'clock the second officer went along ! the alleyway to the bridge to take his , • watch. Witness had no reason to remain I any longer in the engineroom than usual. Mr. Earl : Did the chief engineer have i ■ any liquor on board the ship?— Not as far • ■ as I was aware. Mr. Earl: May I take it the Court is satisfied there is nothing against Mr. de Wolfe. in regard to the landing? Mr. Kettle : You need not trouble about that. | ON THE SHORE. ; | The Bench : When you landed was there 1 any discussion or conference of any kind as to what should be done?—No, there was I no conference. We were all together, andh Air. Baggstrom and the chief officer started 1 away for assistance. Mr. Baggstrom said : 1 " Well, boys, I'm going away to get as- i sistance ; come on de Wolfe." They went,- 1 and we set to work to make things com- ; fortable to the best of our ability. I Mr. Kettle: What provision' did you ] make for the women and children? —First 1 of all a fire was made and wood gathered, ; and then we tumbled the boat up and then 5 put the raft-up. We spread all the lifebuoys available along the sand, put the ■ fore and after to sit on, and it was then ; left open for those to sit down who chose, i ; For whom? There was no distinction; , all were moving about, and the women . were drying their clothes at the fire. h Mr. Earl: The suggestion is made that I] that night the crew look possession of the ] shelter and left certain of the women out , in the rain?— That's entirely false. j Mr. Kettle: The evidence of Cavanagh ( was that his wife and Mrs. Mcintosh and , two' children "were left out all night in the rain. '.■--.-. ; Mr. Mays: Not Mrs. Cox and the ', stewardess; they were under shelter. j The witness said Mr. Mcintosh was ask- , ed repeatedly if he wanted to bring his ( wife in under the shelter, and he replied j each time that they were quite comfortable! ( and the children were sleeping like babies. I, I saw that Cavanagih took entire charge of his wife, and held conversation with no- • body. !. CASE OF MRS. CAVANAGH. i Mr. Earl: How was Mrs. . Cavanagh looked after during the night?—l saw Mrs. , I Cavanagh lying in close to the fire, and one of the firemen, Dunning, supported her in his arms at the fire for several hours be- j 'fore tilie husband came over. \ She was shifted at the suggestion of hen husband?— she was shifted and brought,' to the fire while her husband was asleep. j Was it a position that would add to; r Dunning's comfort?—No, for he couldn't I shift his position for several hours while he ! was supporting her. , )( 11 It would .not be very comfortable - for : him?—No, I can assure you it wasn't. . Was this, in the shelter?— Yes; all the [ shelter there was. The husband' came over and asked her how she felt, and she '' replied, "Fine, I'm quite warm," and the ' husband then went away! This was in ' the early hours of the morning. , ■ No complaint was made then?— no complaint. Mr. Earl: I understand Mcintosh made ' no complaint. ..'"'' Mr. Kettle: That's so. It was Cava- p nagh ' who' complained that the stewardess : and the crew occupied the shelter and left!, the others out in the rain.. • ■ ' . ■.; The Witness : It's entirely s untrue. ' • | Had the crew any better shelter than the rest?No, certainly not. There was no : shelter and no distinction was made. Mr'.''' Cavanagh made no complaint, never" even ' lifted his hand to assist or even.to put a , stick on the tire. jj Mr. Earl: .He did nothing?—No, except!. to look after his wife,' and nobody there! 1 was going to interfere, between husband! 1 and wife. > (Laughter.) ■.»■*■• ■ [I j About the blanket?— There was only one {' ! brought ashore, and the first time I saw' it was over the man with the broken leg. [' I There was a suggestion that a blanket;.' was snatched from Mrs. Cavanagh?—l j 1 don't know anything about it. .. I did not!: see or hear anything of that. The first I : I heard of any complaint was in the paper : ! this morning. ■ I I• • I 1" THE SHIP'S BISCUITS. V J About the ships biscuits, will you ex-'' ; plain how they are used?—l" don't know how they aic used. We managed to eat H tihem. (Laughter.) ' j J j The witness went on to say the biscuits ; I were a particular kind of "Plaamon" bis- 'i jcuits, and they had to be soaked in water.. I j j Mr. Earl: I understand one biscuit isj] j enough for eight men for one day, and it!, has to be soaked in water, so I can quite!; I understand they seemed hard. I. j The Witness: Mr. Mcintosh showed me i ( '.how to use the biscuits, and then they were ijail right. j Mr. Kettle: Did you hear any request made that was refused?— No. * , j The settlers brought provisions was;* j there enough for everybody? Yes. j I Was the old lady, Mrs." Cox, cared for?! Everything possible was done for her. the ' j same as for Mrs, Cavanagh. ' i ] Mr. Mays: We admit tihey were regula-i. turn biscuits, but one witness said they 11 j were rotten. -. ■ • " j i The witness said there was nothing' i wrong wit)' the biscuits. ■' : . THE WHISKY. J j In further- evidence the witness said he'! l I got a bottle of whisky from the chief ;steward, just after the vessel struck, audijit was used on the raft. The bottle!, j brought by the settlers was not seized by] !the crew, and the whisky was served out.! 1 IHe saw Mrs. Cox and the stewardess re-]' jceive some, but did not know whether Mrs. !-' j Cavanagh or Mrs. Mcintosh had any. '!] I Mr. .Mays: Cavanagh's evidence* was i I that, he didn't we any of if,, and that the j (whole mob had. a drink before the wo- 1 ■ linen and children. I j Mr. Earl: Is that a fact? ' i' I Witness: ] don't know anything about i ! jit. The witness also said lie didn't see the I Rarawa's boat hind, as he was'late in com-! ing down to the beach, having splintered a pone in his foot. ■ j 1 ' \t' he witness went on to say <-''«* Mr. j* Mcintosh s children were covered with an' l oilskin given them by Mr. Robertson, the '.{second officer. Mr. Kettle.- Did the men have a better '' shelter than the women?-—No, I'll swear that. The little shelter there was. was opeu- to everybody. ! j Mr. Kettle: The allegation is that the! . men took the best and most comfortable position?— only shelter was the up- ■ turned raft with a blanket and a piece of |canvas, and everyone had equal chance. Mrs. Cox showed signs of giving way, and! a fireman supported her by the fire, and \ , wrapped a blanket round her. ' . Mr. Earl: You heard no complaints! against the officers or crew?— Not till I saw the.paper this morning, Mr. Cavanagh said that for 24 hours the ' women and children were left without shal- ■ ter.'—lt's untrue. Mcintosh wanted to knock the seats out ', of .the boat for the women, and the men > would not allow it. Is that so';—lt's a 1 lie. '■ "A THICK, MISTY FOG." Witness said that when he got on deck, after the ship struck, there was r fog, ,a . thick, misty tog. and the night whs very! dark. He didn't see the land, but saw the! reef when he picked up the man with the! broken leg. .Some time after he could see • a black headland, But couldn't "ell where; t it was. When the boats were being got! , out he both saw and" heard Mr. de Wolfe,: who took the boat, as directed by the ! captain. " ] , , Mr. Earl: Was there anything deficient '. in the way he carried out orders?— far L as I know there was not. Did ho show any signs of incapacity?—l : No, none at all. " -

The witness went on :o state that after j the landing, Mr. Baggstrom asked Mr. de Wolfe to go with him for assistance, and they set off right away. It was a very I arduous journey. He did not remember Morris coming ashore, but saw him lying; down on the ground, evidently knocked | out. •- " I To Mr. Kettle: The first officer's room onj the Kia Ora was on the opposite side to the chief engineer's. There was a. light in Mr. ( do Wolfe's room at 10.15, and the curtains; were drawn, but witness could not say whether there was anyone in it. He had! j never seen the officers or crew iij the bar. ! jHe had got liquor at the bar when he was! off duty. The officers did not get the cap-; tain's authority to obtain liquor. He saw' no drinking on board- that night, and he had never seen de Wolfe muddled, under the influence of liquor," or unfit for duty, j De Wolfe had always been absolutely sober as far as witness ever knew. There) were no regulations regarding supply of; liquor to officers or crew, as far as witness knew. He. heard that the crew were not to be served without authority from the captain. | Mr. Mays deferred his cross-examination. A WITNESS RECALLED. David Forbes, A, 13., recalled by Mr. Kettle, said he went on the lookout at two o'clock, at the breakwater, 20ft from the bow. He kept a sharp lookout, and was attending to his duty. At two o'clock it was hazy, and he could not see land. He could probably see half-a-mile ahead. The fog j then got very thick about twenty minutes before the vessel struck. When it struck it; was impossible to see anything. When the; boat was being put. out it cleared a little, and he could then see the hind. Had it been a. clear night he would undoubtedly! have seen the reef. He did not see the' break on the reef. There was no liquor) amongst 7 the crew. All the bells were struck, and good discipline was maintained, j To Mr. Mays: Work ceased at Waitara about five o'clock. Witness did not go I ashore. He and three others " turned in", at five o'clock. He could not say if any! of the crew went ashore. . Between 1.30j and two o'clock he saw land. It seemed a! long way .'ft', and it was not narrowing in. I He never heard the break on the reef, and! he did not believe there was a break on the ri>ef. Had there been he would have heard it. The land was high and rugged, but he could not say if that would increase the sound. To Mr. Kettle : There was no truth at all jin the statement that the men took the shelter and left the women outside. He! heard or saw nothing of the blanket being taken. This was the first he had heard of it. From the time witness went on the; !lookout till his watch ended, there was no :check on him from the bridge. If it were! a clear night he could be seen from the \ bridge, but on a foggy night there would be no check on him at all. It was not usual to have a check on the lookout on small boats, as he was .verlooked by the : bridge. The inquiry was then adjourned till 9.15 a.m. to-day. '