WRECK OF THE DEVON

New Zealand Times, Volume XXXVII, Issue 8527, 17 September 1913, Page 10

WRECK OF THE DEVON

( THE SECOND INQUIRY JUDGMENT TO BE GIVEN TO-DAY OR TO-MORROW. The re-hearing of evidence in connection with tho stranding of the s.s. Devon was, commenced yesterday morning in the Supreme Court, before His Honour Mr Justice Chapman and two assessors—Captain W. Waller, harbourmaster of New Plymouth, and Captain W.- J. Non ton, of Auckland, and formerly harbourmaster at New Plymouth. Mr P. S. K. Macassey appeared for tho Marino Department, Mr M. Myers , for Captain Caunce (acting-master of tho Devon), Mr A. W. Blair for tho owners (tho Federal Steam Navigation Company), and Mr C. H. Izard for the Wellington Horbour Board. QUESTION OF EVIDENCE'. Mr Macassey stated that ho did not intend to address tho court, but would proceed to call tho evidence. Mr Myers suggested that tho previous evidence be read, and that any questions which were desired should bo put to the witnesses. His Honour said ho thought that Captain Oaunce should tell his story. Mr Myera stated that ho had been asked if ho would agree to tho notes of tho evidence being read, and ho was agreeable to this course, but he should have liked to have the “ look-out ” man present, as the evidence of such a witness was generally part of tho most important testimony. However, this witness had been, allowed to go away before counsel’s communication was received. Mr Macassey stated that the “lookout ” man left Now Zealand before the re-hearing was granted. CAPTAIN CAUNCE! CALLED. Evidence was then given by Arthur Henry Caunce, who was acting as master of the vessel when she went ashore. He stated that the log-book had been lost; probably it was washed overboard after the vessel struck. A set • course was steered until tho white light from Somes Island was picked up. It would have been impossible to Jell tho difference in height between tho Falcon Shoal and Somes Island red lights, as the night was so bad that he could not see the water. He was sure that he was not in donbt as to his position .after losing tho white light. In answer to counsel’s suggestion that , the ship’s head could then have been 1 turned to sea, tho captain said this could not have been done in a few minutes. After leaving the white light he went on at the same speed; he could not steer otherwise. He did not see the green sector. He knew ho was entering narrow waters. He had already fixed the position of tho boat, and ho was steering for the leading lights of the harbour. In answer to Mr Izard, Captain Caunce stated that he never saw two red lights; he only saw the one. To Mr Myers: There was no doubt that the vessel came into the white light of Somes Island. There was no other light which they could mistake for the Somes . Island white sector.

NOT A STRANGER TO' THE PORT. He had been into this port on six previous occasions, and he know of the existence of the Falcon light. His direction would have taken him towards the red sector—which indicated danger—and when he saw the red light he presumed that he was in a position of danger. The vessel was drawing about 15 feet mean,•’being in light condition, and it would not have been safe to reduce the speed, because she could not have been steered. Under tho circumstances, he would have expected to see tho Somes Island light—the stronger light—earlier than the Falcon light. He did not see the green light till after the vessel went ashore. It was obscured until the squall- cleared off. When he tried to tack to starboard tho ship would not answer the helm quickly enough to clear the rocks. Prior to seeing the red light he had spoken of, he had not seen any red harbour light. Ho now realised that what he saw could not have been the Somes Island red light, but must have been tho Falcon light. In reply to Captain Newton, the witness said that if there had been a flashing light on one of these points, ho could have distinguished one red light from the other. If there were a flashing light on Barrett’s reef, he did not think there would bo any difficulty for a stranger entering tho port of Wellington. HARBOURMASTER’S EVIDENCE Captain Henry Johnson, harbourmaster, stated that he had seen the white light of Somes Island about 20 miles away in fine weather. The strength of the light was about 500 candle-power. The green light could not be seen so far away as tho white light. Two years ago the position of the Falcon light was altered to bring it on to the blond of tho red and white sectors. Tho red light was first placed on Falcon Shoal in September, 1905. Witness had not personally navigated any vessel into the harbour since that date, but he knew the conditions of the light well enough. In answer to a question whether there was a. dispute between the Harbour Board and a number of mariners as to whether there should be flashing or fixed lights, Captain Johnson said “Well, I see that sort of thing in the newspapers.” Further examined, he stated that the question had been raised before the board, but he did not know of any results. Mr Myers: > Has the matter been raised by the shipmasters' 1 Captain Johnson: I learn it from the newspapers, that is all. Mr Myers said that he did not wish to press for any secrets, as he could obtain evidence on tho point from another witness. Replying to Captain Newton, witness stated that the night of the wreck was not a “dirty” night. FLASHING LIGHTS WANTED. Captaifl David James Watson, secretary of the Merchant Service Guild,

was called by Mr Myers. He undcr>tood that Captain Caunce had joined in English guild, but iio was not a member of the local guild. There mid been an agitation on tho part of the guild since June, 1912, to have tho lights altered to flashing lights. The matter was still under consideration by tho board. Witness had always held tho opinion that fixed lights should not bo used as navigation lights in any harbour. Two nights after the disaster while not knowing anything of tho reasons for the mishap, he pointed out to tho engineer of the board that tho rod light of Falcon shoal might bo mistaken for the red sector on Somes Island by vessels coming cither from the westward or eastward. If the Falcon light had been an occulting light, it could not have been mistaken for tho fixed light of Somes Island, and, in his opinion, the mishap could not have occurred. To Mr Macassey; Ho wished to assist the master of tho vessel all ho could. The light at Falcon shoal was on a buoy, but tho action of tho wind and sea would not give it the effect of a moving light; it might “wobble” somewhat. Tho evidence of William N. Edmondson, lighthouse-keeper, and that of Philip Lo Mesurier, tho “look-out” man on the vessel, was put in. Thomas Moore, a member of the crew, who was on duty at the wheel on the night of the wreck, gave evidence similar to that which he tendered afc the previous inquiry. MISLEADING LIGHTS. James George Maurice, who was chief officer on the Devon, stated that he went on the bridge at 4 o’clock on the evening of the wreck, and was on the bridge when the vessel struck. The course- was altered about 7.10 p.tn., when a white light was sighted. He took this Jo be the white sector of Somes Island. The vessel was then kept head on to the light. Both the top and lower lights of Pencarrow had been picked up before that. Ho never lost sight of Pencarrow lights, but he did not see the green light of Somes Island. They lost the white light in a squall after a little less than a quarter of an hour. Three or four minutes later they saw a red light, and the order was given, “Hard aport.” Ho took this light to be the red sector of Somes Island. Had the weather been clear they should have seen both the Falcon light and the red sector of Somes Island. To His Honour: Witness had not boon in tho port before. Continuing, the witness stated that the course was not discussed by the captain, himself and tho other officer when on the bridge. , Evidence as to the vessel’s speed and tho orders from the bridge was given by Francis Hugh Roberts, chief engineer. EXTENT OF THE DAMAGE. Archibald Walker, Lloyds’ surveyor, stated that the damage to the boat was pretty extensive. There was a rent on the starboard side from tho stokehold to the after end of No. 4 hold. It was now known that tho stem was cracked in two places, that there was a large rent in the starboard side, and a rent in No. 4 hold. Edward Bapley, fourth officer, who had gone aloft to take the bearings, gave evidence. Ho' stated that he only saw /the one red likht. After porting the holm he noticed broken water on the starboard bow, and called out to the captain. It did not strike him that tho vessel was very close to the Pencarrow light; it seemed a quarter of a mile away, and ho thought she would clear it. Captain Caunce, recalled by Mr Macassey, stated that the azimutii book, showing the deviation of the compass, was not at hand at present, but he could find it within a day. This concluded the evidence, , and counsel then addressed tho court. THREE ISSUES.

Mr Myors said there were at least ciiree possible findings to which the court might come. The ourt below found there had been default of the eapfain, and suspended his certificate. The decision was come to under section 233 of the Shipping and Seamen Act, which provided for the withholding of a master’s certificate. He proposed to show that the finding should never have been come to. The first finding which might be arrived at wao that the casualty was caused through the wrongful act or default of the master; the second was that it was caused by an error of judgment; and the third alternative was that it was due to accident or mistake of the master through beiug in some way misled as to the existing conditions. He submitted that in this latter case the master should not be held responsible. Before the court could find a wrongful act or default of the master, it must dnd that there had been culpable negligence specifically on his part. Various authorities were cited by Mr Myers in support of his contentions. There was now no evidence, said counsel, that the master did not make himself acquainted with the leading lights of the port; the contrary was the case. The lower court had presumed that he was a stranger to the port, but in this court he was asked a question on the subject, and it was found that he had been to the port several «times before. The finding that the captain did not open up the white sector of the Somes Island was absolutely contrary to the whole of the evidence. It had never been suggested up to this moment that the captain and the two officers had stated what was not true. Ho submitted that the captain exercised his judgment. The only thing suggested against him was that when he missed the red light he did not turn the vessel’s head to sea. AVhat he did" was to port his helm and try to get back into th© white sector of safety. Counsel submitted that there was no culpable negligence. This inquiry showed that the port was not as well lighted as might be fished. The mariners had agitated to have an alteration of the present red lights, so that one of them should bo an occulting light. If this suggestion had been earned out, the Devon would not now ho on the rocks. Ho submitted that the most that could be said was that in a position of embarrassment and difficulty an error of judgment was made. If the court came to the conclusion that the mishap was one that could not have happened if the red light on Falcon buoy was an occulting light, they should find that the casualty was not due to any error of judgment on the part of the captain, and his certificate should he handed back to him without penalty. QUESTION FOR THE COURT." Mr Macassey submitted that a wrongful act or default would be ah act of imprudence. The question in this case was whether the captain exercised reasonable care in entering the port with what knowledge ho had of the lights. Ho should have been perfectly sure of his position before deciding to enter narrow waters. The suggestion was that ho mistook the

light and never opened up the white light. If he had opened up the white light, ho would have opened up the green. There was a possibility of the green light being obscured by a squall. Counsel submitted that when the captain lost tho light he had no business to keep- on at the same speed. One could not help feeling a certain amount of sympathy for tho captain in tho position he was in, but’that was not a question for tho court. JUDGMENT RESERVED. Decision was reserved, His Honour stating that judgment might be delivered on tho morrow or the following day. The court had considered the question of visiting the scene of the casualty, but had come to the conclusion that it would not now be necesr sary. His Honour ordered the master of the vessel to produce the azimuth book for tho court to-day.