LOST FROM BOAT

New Zealand Herald, Volume LXX, Issue 21561, 4 August 1933, Page 11

LOST FROM BOAT

; DROWNING OF YOUTH 10PEN VERDICT RETURNED \ ' ; inquest without body evidence of companion COMMENT BY CORONER The unusual procedure of holding an inquest regarding the death of a person whose body has not been recovered was carried out yesterday in the case of Mr. Edwin Henry Hawkins, aged 19, an inquiry being conducted before Mr! 3?. K. Hunt, S.M., coroner. Deceased disappeared following tho overturning of a punt in tho Auckland Harbour on May 29, and tho coroner returned ji verdict of death by drowning. On July 17, tho coroner received from tho Solicitor-General's office, Wellington, the necessary authority to conduct the inquest without the body, first being recovered. The procedure sanctioned in that way was in exercise of the ]>owers conferred upon tho AttorneyGeneral by section 3 of tho Coroners' Amendment Act, 1930, and by virtue of tho provisions of section 4 of the Acts Interpretation Act, 1924. Detective-Sergeant Doyle appeared for the police, and Mr. Sullivan watched tho proceedings on behalf of John Blackburn Anderson, of Koseberry 'Avenue, Birkenhead, a principal witness at the inquiry. Trip in Launch John Blackburn Anderson said he tras a married man, 25 years old, and at present unemployed. He had known deceased sinco about 1923, and they had been friends since then. On May 26 last, deceased and witness left in the launch Nola, which was borrowed, to obtain mussels at Coromandel. Witness, at the suggestion of Mr. Doyle, then commenced to read statements made by him to the police regarding tho circumstances leading to the accident in tho harbour on May 29. Tho statements described how tho launch Nola rao- aground in Shoal Bay on the return from Coromandel, anil how, on the morning of the fatality, deceased and witness left Sulphur Beach in a borrowed punt for tho purpose of going to the launch. After witness had been rowing for half an hour, deceased said ho would take the oars. They changed seats, and, after deceased had been rowing for a distance, witness saw a squall coming from the direction of Northcote. Witness said it was govng to be bad, and advised deceased not to miss a stroke. The squall did not make the punt pitch sufficiently for alarm. Punt Overturns

Witness went on to say deceased Lalf stood up in the put, and grinned at witness. The punt rolled, and deceased fell overboard. Witness had an overcoat and other clothes on, but went after deceased. Ho caught him underwater. Deceased got his legs around witness' <■ waist and his arms around witness', neck, and witness pushed him back to release the" grip. They were then about 25ft or 30ft. from the punt, to which witness pushed deceased. Witness told deceased to hold on to the boat /while he went to the other eide to get m. Deceased tried to climb in,' and the punt overturned. Witness again caught hold of deceased, and brought him to the bow of the boat, telling him to hold on. The oars had disappeared. Continuing, witness said he found the overturned boat would not support them both. He discarded his clothes, and swam in the vicinity of the boat, which was drifting toward Bayswater. It drifted ahead of him while he was swimming, and he could see deceased clinging to the bow. Witness decided to swim to a hulk, about 300 yards from the Bayswater Wharf, and, as he approached the vessel, he saw deceased clinging to the punt, then about 20 yards from the wharf. Witness said he tried to climb on to the hulk by means of the anchor chain, but he could not do so, as- his legs were powerless. After waiting about 10 minutes, he managed to get on board. Shortly- after he last saw deceased, he heard the noon siren blow. On board the hulk he tried to make for the mast, but he could not do so. The next thing he remembered was lying on the deck. It was then raining. Landing at Embankment

How long be was unconscious, witness could not say. He went to the btern of the liulk, and threw a wire rope over He intended to slide down it, but did not do so, as it was insecure. He then dived overboard. He swam to Bayswater, and landed on the rock embankment. There two men helped him, and assisted him over a fence, as his legs were powerless. Ho went to a shop at the wharf, and he thought he said something to the cirl there about the boat overturning, and that he would have to report the matter to the police. The girl reported the mishap. Amendments to his statements were made by witness, who said it was incorrect when ho said deceased and he collected seven sacks of mussels. He had said that because deceased did not want his mother to know that nothing was obtained on the trip to C'oromandel. There were no mussels on hoard the Nola. "I have had it suggested by the detectives that people saw me walk out of the water after swimming from the hulk and go to the wharf," continued witness. "I would'not say that it was not true, hut, to the best of my recollection, I saw two men." Witness said he made a statement to the police at the wharf on the evening of the accident. Mr. Doyle: Why did you choose to swim to the hulk instead of the shorter distance; to Northcoto? Witness: Because the wind was off Northcoto and it was hard to swim against it. When I decided to swim for Assistance 1 had been swimming about for solne time and was being taken down by the current. I finally went to the hulk in the hope of finding a watchman or -attracting attention. Is it porreet that you saw two oars float away?—l saw one oar,- with a ring rowlock attached, float away. Questioned by Detective

\\ 'ore .you asked by mo on four rnsions whether you .saw one or two float away?— Yes. At the time yon trier! to net. me on so many things and tried to tangle me up that I don't know what ] wns saving. It seems so to me. I was questioned for nearly five hours. Did yon describe the distance between the oars? —I do not remember. Witness said it would 6ft. or 7ft, from the stern of the hulk to the water. -Asked if he could dive from that height into 2ft. of water he said there was sufficient water there at the time to dive into.

Mr. Dovle: Were you on good terms ■with Mr. Hawkins? —Yes. I would not

have taken him away otherwise. I was on rood terms with his family. Did you take any steps on May 29 to notify his people what had happened?— No. As a matter of fact, 1 understood fiome constable told me not to go near his people for a day or two. Even if I wanted to go down I was too stiff to move for the next day or two. Did it not strike you that it was your plain -fluty to do so ?—On May 30 Fred (Hawkins rang up and asked, "What is

the 'lowdown' on this accident?" I said I would much prefer one of them to come up, as I did not feel like talking over the telephone. Did Mr. Hawkins toll you they had read of the accident in the newspaper? —I do not remember. So you had no communications with the family until they communicated with you over the telephone ? —No. After-eflocts of Ordeal Why did you avoid them until they rang?—l did not avoid them. I was not able to walk down tliero after what I had been through the day before. 1 asked one of them to come up. When the punt overturned would it bo natural to assume that the oars would fall out?—l would assume that. At this stage Mr. Sullivan said the witness, was being cross-examined, and there was such a thing as over-zeal. Mr. Doyle, to witness: Can you explain how tho boat righted' itself ? It was found tho following morning at Stanley Point, right side up and containing one oar with tho blade under tho back seat.—l cannot explain it unless the man who found it or some other person turned it over. Could tho boat have become dry without some person taking it ashore and emptying out tho water?— Not in mv opinion. When you arrived at tho embankment, do you still say you were assisted over the fence?—l recollect that someone assisted me. I saw so many people that night. Witnesses say they saw you jump over the fence and run down to the wharf. Would that bo untrue?—l would not say it would be untrue or not. I do not recollect very much of tho incident. Conversations With Other Persons Did you tell Miss Craig at the shop on the wharf that two men helped you out? —That I do not remember. Did you tell Miss Craig subsequently that you would como around, but the police would be suspicious if you did?— Not that I remember. Do you remember telling Miss Craig you would tell her the story some day? —No. Did you tell Mr. George Davison that Mr. Hawkins' body would never bo found ? —What I did say was that I did not think Ted would ever be found now. Did you say anything about deceased and you quarrelling over the trip to Coromandel ?—I did not. I said deceased was a very bad sailor. Did you toll him the punt had gone to the bottom?—l did not. Did you not remark that there would bo no inquest because they would never find his body?—l did not. The father of the deceased, Hubert .Tames Hawkins, of Hinemoa Street, Birkenhead, said Anderson had not communicated with him or informed him of what had happened to deceased. Witness learned the details of what had happened in tho newspaper. Evidence was given by Mary Anna Irwin, of Sulphur Beach, Nortlicote, that she lent her husband's punt to Anderson when ho called at 11.30 a.m. on May 29. Witness later saw the boat in Shoal Bay. Anderson then seemed to her to be in the middle seat, and deceased at the back.

A young man, Reginald Vaughan Tabuteau, of 2 Norwood Road, Bayswater, said he was on the ferry steamer Takapuna as it was approaching Bayswater Wharf on the afternoon of May 29. He saw a man, who was Anderson, in the water between the hulk and the wharf. He saw Anderson jump over a fence at the top of the embankment and run quickly toward the wharf, where he entered Miss Craig's shop. Witness was satisfied that Anderson was not assisted up the embankment or over the fence, and his impression was that Anderson was not at all distressed. Three other witnesses gave similar evidence that Anderson did not seem distressed. Visit to Shop A newsagent and confectioner, Lilian Edith Craig, said Anderson was shivering when he entered her shop about 3.30 p.m., when he said there had been an accident, his companion being drowned. He said he wondered what his wife would think, and added that he was separated from her. Anderson did not suggest ringing anyone, and anything witness wanted to know she had to ask him. Witness rang Anderson's sister about 4.20, and the_ police also. Witness said Anderson did not suggest that she should ring the police. As soon as she told him she had rung, she said, Anderson jumped up and said he would go. He seemed normal at the time. Anderson informed witness, she said, that deceased and he were not mates, but deceased had pestered him to take him with him. When Anderson, who waited until the police arrived, first entered the shop, ho did not appear to have been through a strenuous time. , Witness went on to say that Anderson returned a cardigan she had lent him when he called again on June 1. Witness informed him that she heard he had run down the road after leaving the water. He said he had not, but two men had helped him. Anderson rang witness on another day and said he would come around to see her, but the police would be suspicious. He said he would tell the whole story some day, but did not say what story he meant. Finding of the Boat A brother of deceased, Frederick Henry Hawkins, of 6 Gladstone Road, Northcote, said he spoke with Anderson over the telephone on May 30, and asked him if he knew where deceased was, as deceased's mother was worrying. Witness said Anderson answered that, if he wanted to know anything, he was to come up. The telephone was cut off at the other end, witness said. Coutts Munn Walker, of Onewa Road, Birkenhead, said he called on Anderson on May 30 and said deceased's parents wanted to know what had happened. Anderson described the accident to witness, and he also said two men met him when he reached the rocks at Bayswater.

the master of the ferry steamer Takapuna, George Andrew Simmons, said he kept the usual look-out on the 11.45 a.m. trip from the city to Hayswater, but he did not see an upturned punt or any person swimming in Shoal The rocovery of the punt at Stanley Point on Mav 30 was described by Frederick Egerton Wilson, retired, of 60 Stanley Point. It was floating right side up, and there was an oar in it. There was an inch or so of water in the boat, but witness was satisfied that it had not been overturned. George Davison, of Waitnana Avenue, Northcoto, said he asked Anderson, who came and spoke to him on Juno i, if there was any word of deceased. Witness said Anderson replied that deceased would not be seen again. Anderson described tho accident, and said he thought deceased was standing up fooling "and the punt capsized. Witness said he gained the impression that Anderson and deceased had some difference on the trip to Coromandel. Anderson said the police had 12 pages from him, and, when witness said that would bo wanted for the inquest, Anderson Stiid thcr© would 1)6 110 incjiicst. A mate on a ferry steamer, Georgo Hood, said he found an oar with a ring rowlock attached at the Do\ onport passenger wharf. Detective's Evidence Detective McWhirter said he commenced inquiries with Detective Murch on May 30. On June 2, the launch Nola was inspected and Anderson said someone had been on board, as tho mussels had been removed. Thdre was no trace of mussels having been on the launch. The bow of the hulk Arahura was sft. high, and witness considered, from his examination of the anchor chain and its position, and considering the condition Anderson said he was in, that it would have been impossible for Anderson to have climbed up the anchor chain and on to tho deck by that means. There was a wire rope over

the stern, as described by Anderson. At low tide the depth of water around the hulk was Ift. 6in. It was low tide at 4.29 p.m. on May 29. Informed on June 19, when Mr. Doyle and Mr. Murch were present with witness, that the punt was found right side up with an oar in it, Anderson said there might have been only one oar floating away. Told that four people said ho had not' been helped by any men at Bayswater, Anderson said he might have been mistaken about the two men, but it was an honest mistake. •

"Anderson's mother then arrived at tho Birkenhead police station," witness stated. "We informed her of the position, out of hearing of Anderson. She then told him to tell the truth. Ho said, 'They have insinuated ! murdered Ted, and I am not going, to alter my statement, which is true, every word of it.' Mrs. Anderson then said, 'lt's a pack of lies from beginning to end, and if you have any respect for the truth, you will tell tho detectives the truth. If you only know it, they are your friends. They only want the truth about what happened, and don't want you to exaggerate.' Witness said Anderson stated lie would tell the truth. Tho only variations ho made were in tho previous story of getting mussels, which he said was untrue, and that there had been no engine trouble on the trip to Coromandel.

Witness said the foreshore had been thoroughly searched and the harbour dragged by the police. No trace' was found of the clothing described by Anderson as lost by him, of deceased's body or any of deceased's clothing. The Coroner: The story he told you is the story told here?— That is so. The Coroner, to the father of deceased: Is there any other inquiry you would liko?

'I think the police and the detectives have done their duty thoroughly," replied Mr. Hawkins.

The Coroner: I think so, too. A verdict was then returned that the cause of death was drowning on May 29. "I must say it is very extraordinary, a very extraordinary case," commented the coroner. "It is strange that a punt which Andergon said floated away the wrong side up should be found 24 hours after, the right side up. I leave the verdict at that; in other words, an open verdict." Mr. Sullivan commented that there had been a fair inquiry and presentation of the facts by the police.