THE TARARUA DISASTER.

New Zealand Times, Volume XXXVI, Issue 6273, 20 May 1881, Page 2

THE TARARUA DISASTER.

(united press association.)

Dunedin, May ID.

The Court sat to-day at 2 p.m. Thomas Henry Underwood, master of the steamer Rotomahana, deposed : I know Waipapa Point. I have been fourteen years in colonial steamships and was continually during that term p-iasing and repassing that point.— Captain Thompson ; With a heavy beam sei and the ebb tide from the southward I would allow half a point off Waipapa Point. —By Mr. Simpson ; There is a patch on the chart N.E. of Toby rock, marked “ which in my opinion has never been examined. The harbormaster at the Bluff told me it had never been examined, and there is no description of

the place on any charts I have seen. I thiok it would be quite safe to navigate past Waipapa if a light ship were place 1 out-ide Toby rock to the N.E. That would give a point to steer for either going west or e»st. A light ship there would prevent any hesitation on the part of those in the command of ships to steer in the direction of Toby Rock, straight through the pa-sage. At present masters are apt to keep too close to the point in thick weather to avoj i the rock. The dangers are very bad all round lluapuke. I think the light ship would be better than a light o • Waipapa or Slope Point. Both Waipapa and Slope Points in calm weather are likely to be obscured by a he ivy swell, which caused mists to arise, owing to the breakers. . It would be often difficult to judge the distance from either point, even though there was a light. On the other band, a light ship would be in clear water, and in clear weather.—Mr. Simpson ; Mr. Smith, do you wish to address the Court ! —Mr. Smith : I wish to ask the first mate a question.—Kobert Lindsay having been re called, Mr. Smith asked him ; Can you state whether Captain Garrard ever gave you any instructions about not creating any unnecessary alarm at night 1 —Witness : Yes. On leaving Auckland last trip for the Bay of Islands, I was at the forecastle head. Captain Garrard came on the bridge. I saw a light on the starboard bow, and reported it to him from the forecastle head. He said, “All right ; I see it.” That was all that passed. At that time, about 5.30 p.m., it was quite dark, ibout threequarters of an hour later it was my watcli on deck, when he called me off the bridge into his room and said, “ Mr. Lindsay, never make any false alarms.” Instead of being a bright light, as I reported, it turned oat to be a green one. The light was a mile and a half off when I reported it to the captain. I replied, “You caunot judge of a light wheu you first see it.” He said, “ Then never do the like again, because I don’t like the passengers crowding up in a state of excitement.” Ho said that the officers should come aft on the bridge and let him know when the ship passed headlands, or ships’, or other lights. On one occasion after leaving the Bluff we were setting the mainsail. I was using the after winch and calling on the man to hoist away and set the canvas. He told me he would not put up with that. He would not allow us either to set sails by the winch or to call out during the night for tear of alarming the pas-eugers. This was on the captain’s first trip in the Tararua. Up to 4 o'clock on the morning of Friday, when my middle watch ceased, there were two orders in the night order-book—one to haul in tbe log at midnight, tho other to haul it in at 1.30, and call the captain. There was no order to haul it iu after 1.30 ; the log was hauled in at 1.30, and the captain was informed that it showed fifteen miles from the Nugget light.—By Mr. Simpson ; There was no general direction to the effect that it was the duty of tbe officer to haul in the log every two hours. I never before saw the circular letter produced dated November 25, 1878 (addressed to captains of vessels by the managing director, Mr. Mills). I now learn for the first time the instruction “ Order to be given to officers in charge of the bridge as to stopping the vessel without waiting to consult the captain when having any doubt as to the safety of the steamer.” I never had any instruction to the effect from the late Captain Garrard.— Captain McGowan : Were you allowed the same authority as other chief officers to avoid a collision i —Witness : I would certainly take the responsibility of looking to the safety of the vessel on my own shoulders.—Mr. Simpson : You did not understand Captain Garrard’s instructions to forbid that ?—Witness : No, I have stopped the vessel on my own responsibility. I did it on one occasion to avoid a collision. Captain Garrard was in charge then. He did not say anything. I was in the act of running to call the captain, but stopped the ship first.—Captain McGowan: Did the captain ever tell you to keep clear of danger without calling him ! —Witness : No. la the daytime if we saw a vessel we reported it to him, and he altered the course himself.— Captain McGowan : Did you ever do this in other steamers ?—Witness : When I was sailing with Captain Clark and Captain Tozer I was allowed to use my own judgment in clearing vessels, but of course I reported anything of the kind to the captain.—Mr. Simpson : Hava you had at any time any different way of doing business than that which Captain Garrard adopted ? —Witness : No ; but he always liked to see everything.—Mr. Smith : I understand you to say this. You understand the captain’s instructions to be that you were not to take on yourself the responsibility of altering the vessel’s course, unless in the case of immediate danger?—Witness; Yes Mr Smith : That, of course, simply reduces your, position to what you really were—the mate of the vessel.—Mr. Simpson ; Can you give us any idea of the work done in the ports of Lyttelton and Port Chalmers by the crew on tbe last passage of the Tararua ?—Witness ; We arrived at Lyttelton about twelve in the day, and left about seven at night, having been engaged discharging and taking in cargo in the meantime.—Mr. Simpson : The crew were on duly all the time ?—Witness : Yes, till after we’sailed. We arrived in Port Chalmers about four in the afternoon of the following day (the 27th). The men worked up till 6 o'clock that night. Next morning we turned to at seven, and worked until we sailed at 5 p.m.—Mr. Simpson : Were the officers at work all this time also ?—Witness : Oh, yes.—Captain Thompson : Being at sea on the 27th up to 4 in the afternoon, yon would have a rest from hard work !—Witness ; We had all that evening in Port Chalmers—Mr, Smith : You do not complain at all of overwork or over fatigue before you started on the last trip 2 Witness : No.—Mr. Smith : Nor do you think the crew were ?—Witness : By no means.—By Captain McGowan ; Coming from Melbourne the captain and I used to compare our observations every day. Coming down the coast we were too bu-y to do so.—Edward Maloney re-called, deposed ; -During the first trip, Captain Garrard was on the steamer from Melbourne he told me I was not to shout out from the bridge, or give any alarm which would frighten the passengers. He told me to come aft to report anything I should see during the night to him. After I took charge of the deck at 4 o’clock the captain did not ask me to haul in the log. It was about ten minutes to 5 when I told the captaio for the second time that I fancied I heard the breakers. It took me five or six seconds to go from the captain’s cabin. It was only about 60ft or 70ft distant.—By Mr. Chapman : I only fancied I heard the sound of breakers. It did not alarm me.—By Mr. Smith : I did not then consider that we were in immediate danger.—Mr. Simpson : When you came on deck about 4 o'clock had you any idea where the vessel was ?—Witness: I thought by the course given that she was off Waipapa Point. —Mr. Simpson ; Why did you think that I—Witness : They generally alter the course in or about there.—Mr. Simpson : Then, if you were off Waipapa Point, d d not some surprise occur to your mind at the fact of not seeing Dog Island light?—Witness ; Itbeing a hazy morning, I did not expect to see it for three-quarters of an hour after passing Waipapa Point. —Mr. Simpson : After passing Waipapa Point are there any Jaegers?—Witness : No ; the course is then perfectly clear.—Mr. Simpson : Can you come close in to the land after that.?—Witness ; No ; not close ; but we can go much nearer, because it is then generally daylight, and we can see what we are doing.— Captain McGowan : What were the orders to the man on the lookout ’ —Witness : To keep a bright lookout, and report lights or any danger.--Captain McGowan : It was the duty of the man to report breakers if he saw them ? —Witness : Yes. When the captain went to the wheel I looked over the starboard side—the shore side—and I saw the breakers close in. The man on the lookout ought to have seen the breakers a little while before I did.—Captain McGowan : You trust to the man on tbe lookout to report anything he sees ?—Witness : "We trust him to a considerable extent, but we do not depend on him altogether. We never leave the bridge, and place confidence in him to report anything.—Captain McGowan ; You don’t think he was blameable for not reporting ? You think he was not censurable for not reportingbreakers before the ship struck ?—Witness : He may not have seen them. Captain McGowan : The evidence shows that he did see them.—Mr. Smith : On the. contrary, it shows that he did not, as I shall present'y prove.—Captain McGowan : The man on tbe look-out.—Mr. Smith : It shows strongly that be did not know. You have nrstaken the evidence on that point.—Mr. Simpson ; It is a matter for supriss if he did not.—Mr. Smith : Can you suggest any reason why on that night the surf did not become visible in breaking against the reef until you came close to the reef ? —Witness : The state of tbe night’and the ebb tide. That is the only reason I can suggest. There were no sails set to interrupt the view.—Mr. Simpson, to the witness : You have yourself nothing which you wish to say to the Court ?—Witness ; No, your Worship.—Mr. Smith then addressed the Court oa behalf of the mates.

He pointed out that the two officers he repre eented had been placed in a most anomalous position through the views which he understood the Court to take an account of the very ambiguous language of the Act, and the position was rendered more anomalous by the conduct of the counsel representing the Crown. He had perused what took place in Court recently and found that counsel distinctly stated at one stage of the proceedings that no charge was made against anyone.—Mr. Simpson : Certainly, that Mr. Denniston made no charge.— Mr, Smith went on to say that counsel for the Crown had stated that no charge was made and to that doctrine the Court gave a tacit consent. This was at the time that he objected to the reading of a telegram sent by the late Captain Garrard to Mr. James Mills. His Worship had considered that the proceedings would have been stultified if these officers were not put on their trial. With this ruling he (Mr. Smith) did not agree. He held that the object of the inquiry was to find out the cause of the accident with the view of preventing like occurrences in the future.—Mr. Simpson granted that there was great ambiguity in the Act, but the Court had followed the practice in England and the colonies in similar circumstances.—Mr. Smith said that if he were engaged in any more cases of this kind, he would risk all the pains and penalties of the Act, and insist on his clients keeping their mouths shut. He then proceeded to traverse the evidence given at some length.—Mr. Chapman, on behalf of the relatives of Captain Garrard, followed same direction, and during the course of his remarks said it was very easy for newspaper editors sitting in easy chairs to throw the blame on the management of the ship, and show how easily in their opinion such a casualty conld be avoided ; but he hoped the Court would have discovered from the evidence given that it was much more difficult than newspaper editors imagined to arrive at the real cause of the disaster, and to say definitely what should have been done to avoid it. The Court rose at 530 p.m., Mr. _ Simpson intimating that ho would give notice when they would sit again to deliver judgment.