WRECK OF THE KIA ORA.

Otago Daily Times, Issue 13946, 4 July 1907, Page 7

WRECK OF THE KIA ORA.

THE NAUTICAL INQUIRY.

SENSATIONAL EVIDENCE.

SOME SERIOUS ALLEGATIONS

(Pip. United Press Association.) AUCKLAND, July 3. A new and startling phase in the proceedings of the nautical inquiry in connection , with tho wreck of the Kia Ora was reached to-day, and some most sensational evidence was forthcoming. The court was to liavo 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 tho wreck.. I'P till that time nothing of a sensational character was even hinted at, and all the witnesses had been members of the ship's crew. Certain information was, however, received during the adjournment, necessitating further inquiry. The inquiry was, resumed at 10 o'clock, and there was on tho bench Mr C. o'. Kettle, S.M. (chairman), and Captains Grant and Schofield ' (assesors). Mr S. Mays appeared for the Collector of Customs, Mr C. Clayton for tho Northern Steamship Company, and Mr T, Earle for tho chief ofllcer of tho Kia Ora (Mr T. B. de Wolfol.

Mr Mays, the solicitor for tho Crown, a6ked for an adjournment for two hours to await the 'arrival of the witness Morris, who was at the wheel during tho hours between 10 p.m. and midnight on the night of the. disaster. Mr Mays said that Inter developments made it more essential than ever that this man's evidence should be taken as soon as possible. Mr Mays added: " The state of things is almost indescribable —something fearful—and I am anxious to take the evidence of Morris the first minute lie arrives." Mr Mays said, further, that ho wanted time to serve antaonded notice of investigation on Mr de Wolfe, chief officer of the Kia Ora, and on the Northern Steamship Company. Tho case was adjourned till 10.45 o'clock, by which time it was expected that Morris would be ready. Upon the inquiry being resume-'.

Joseph Morris was closcly quc.vioned as to whether lie had had any conversation with anyone concerning the wreck.

Ho said he had not until he asked Mr Knecn in court if the cliicf officer said he was off tho bridge during the watch. »This was followed by questions by Mr Mays (solicitor) and Mr Kettle (S.M.) as to Morris's sobriety.

Morris replied thnt he had not drunk anything for a month.

Though warned of punishment for perjury, Morris persisted in the Statement that he lißd not spoken to Kneen before lie came into court.

Morris was closcly questioned as to whether he had said that the cbicf officer If ft, the bridge at any time while lio was on watch. The witness replied that tho chief officer left the bridge for a second or two. Forbes and Partridge came on to the bridge, and the chief officer escorted them to (he lower dcck.

Morris denied having told two passengers (Taverny and M'lntosh) that he was in do Wolfe's watch from 10 to 12. and that do Woife Was off the bridge for nearly two hours while witness was at tho wheel.

Morris was asked if de Wolfe had any drink oil tho day of the wreck. Ho replied: "He may have had two or three glasses, but he was not the worse for liquor —he was riot half drunk.!' Later witness said that de Wolfe's conversation did not show that lie had been having any drink. Later still witness said ho noticed no signs of intoxication on do Wolfe. Morris added that ho could not account for the Kin Ora getting into the position that causal her wreck, After tho evidence of Morris had ljeen given, Mr Earle suggested that Peterson, the chief steward, be called. Mr Mays: Re is going to be confronted with very serious allegations indeed, and 1 shall give him a chance of hearing them first.

Peterson then said ho was quite prepared to answer any questions put to him. Peterson, who had been previously iri the box, was the!i re-examined. He stated that the Kia Ora had a packet license. The bar was run under the company's rules, liquor being supplied by the company and witness receiving a profit. Mr Kettle: The license authorises you to sell to passengers. Di> you also sell to the officers and crew?— Yes, unless I have instructions from tho captain not to do so. Have you-any rule for closing the oar?— Midnight is tho rule, but when the passengers turn in before 12 I close the bar. Witness said he kept the key of the bar, and nobody else had a key. He had never been roused after midnight for liquor, nor had he ever had occasion to keep tho bar open till midnight. Mr KettleOn the night of the wreck did you serve any liquor to the officers and crew!—No liquor was served to the crew nor the officers. I only opened the bar once, and as far as I recollect only three passengers had drinks.

Do you swear that you did not serve any of tho officers or crew?—l swear that I never served any of the crew nor the officers. Well, 1 do not remember serving any officer. Three drinks were served, but I do'-not know who they were served to. Mr Mays: Do you ever supply officers and crew with bottles of liquor?— No.

Will you swear that between 10 and 11 o'clock you did not lill three empty bottles with whisky and give two to de Wolfe and one to Baggstrom to take away into the saloon, filling- the botlle.s from a demijohn ?- , -I absolutely swear that I sold no bulk liquor.

I did not ask whether you sold it. Did you supply them? —No; I did not supply single bottles to them or anybody else. Did anybody fill tliem in your abscnco? —No; it was impossible—not exactly impossible. My room is not looked, and thero was a jar of whisky in it, but I hstvo too' much confidence in tho second steward to believe that he would interfere with it.

Will you swear thai; thero wore no signs of liquor observable on dc Wolfe when he went round for tho tickets'/

Witness: "Well, after you got mo down to tlio police station before tho inspector and told me that if I repeated the evidence I have given,l would be charged with perjury.

Mr Earl: What? That is a most improper tiling. Witnesses aro boing intimidated and told that they will be prosecuted for perjury.

Mr Mays: You are taking the witness's words as truth.

Witness: A scrgoant of polico came round on Sunday and told mo that I must go to tho inspector. I went, and Mr Mays told mo that the case tiad taken a different turn, and }hat five or six witnesses were prepared to swear that- do Wolfo was muddled with drink when taking tho tickets that night, and was incapable of doing his duty. I was told that I would bo charged with' perjury if I did not alter my statement. At least, that was tho meaning I took out of it.

Mr Mays explained that thero had been no intimidation. At 11.30 p.m. 'on Saturday suddenly came word from the witness that do Wolfe was muddied with drink. Ho worked all that night arranging for further witnesses, and as Peterson was the only man who had been asked about tho sobriety of the crew, ho therefore let him know the nature of tho evidence he proposed to call, and impressed upon him that he.was liablo to a chargo of perjury ii ho adhered to his fqiraer statsnwflta,

, "Witness altered hie former statement that he would supply tho officers and crew with liquor unless forbidden by the captain, saying that ho would supply tho officers, but not tJie crow without a writton or verbal order from tho Captain. Mr Mays stated that the evidenco of passengers, whom he would call, seemed to prove beyond doubt that tho chief officer was intoxicated, and was off tho bridgo any time from 9.30 till midnight. 110 had one witness who saw him. Ho saw him drinking in a hotel at Waitara from 7.30 p.m. till 9 p.m., with two passengers, and later with Baggstrom (engineer), and finally with Captain Bl&ckloek, who had ono drink. Perhaps the most important witness was Cavanagh, who saw de Wolfe and Baggstrom go down to tho saloon after most of the passengers had retired, with throe empty bottles. These tho steward filled, and Cavanagh had a drink with them. Ho followed them on deck, and 6aw them go into au alleyway, from which they had not emerged half an hour later. All the witnesses said that de Wolfe was drunk when ho came for the tickets, and was unfit to bo in charge of tho ship. Somo witnesses declared that in tho boat de Wolfe said, "I don't know whore I am, and I don't, know what to do." Ho and Baggstrom .got lost in the bush next day, and, when found by threo passengers,' they did not recognise them, bare-footed and battered as they were, as passengers, but told them tho startling news that the Kia Ora. was wrecked 1% story of what : took placo on tho beach was a terriblo indictment. The passengers got a little food from- Marakopa. Ono of the orow snatched a blanket from a half-clad woman, and they made a shelter for themselves with it, leaving lior out in the cold. On© man carried his two children on a walk through the bush, and no assistance was given him by any of tho meu. Tho amended notioo of investigation served upon tho first officer ((Mr T. B. <le Wolfe) stated that tho'following question was to be submitted to tho court:— "Whether the loss o( tho said ship and the consequent loss of life was not duo directly or indireotly t ( o gross acts o£ misconduct, drunkenness, or default upon your part.'' Thomas Cavanagh, contractor at Marakopa, was then called. Mr Earl remarked: The matter has now reached such a serious phase that it might involve a charge of manslaughter against do Wolfe, so I would ask that all witnesses be ordered out of court. This was agreed to by the Bench.

Witness said .ho was a passenger on board the Kia Ora. His wifo was a-lso a passenger. He left Waitara. at 9.30 p.m. lie saw de Wolfe, going round with Hie chief steward foi tho tickets, and de Wolfe was staggering. He fell up against tho saloon railing. Witness did' not hear him say anything at that stago that gave the impression of his being under the influence of liquor. After do Wolfo loft witness had a conversation with Messrs Forbes and Partridge, and he then went into the bar in tho saloon. Witness had two drinks, and Partridge joined him in the first one. Forbes then \ asked Partridge to join him in one, but Partridge said he was " full," and had had enough. Forbes went on deck, and witness followed him. Witness returned to the saloon a few minutes later, and sat down* and while the're the chief officer and Mr Baggstrom ciime in. D« Wolfe had two bottles in his hand, and Baggstrom also had one. They were whisky hottles, and were empty. They had them fdled, and,started drinking. and at their invitation witness had a glass or two. They went up the steps, and witness went after them, and stood by tho rigging at the' mizzenmast; Witness saw them pass in under the bridge. Witness remainod standing where he was for the space of half an hour, «nd while ho was there no one went up on the bridge. Mr Maya: • Did you -know where tho captain was at that time ?—Witness: No.

Did you see him 011 the, bridge deck?—

Witness (oolitinuing) slated that he'went and lay down in the saloon, and remained there until tho ship struck. Ho was thrown across the floor, and rushed up on deck. As soon as he arrived there ho saw tho captain come out of his cabin, catch hold of the rail, and look out first on one side of tho ship and then 011 the other. He was fully dressed excepting his coat. After detailing what happened when the vessel struck, witness said that after he came to the surface he 6aw something floating in the water, and made towards it. It was a sack of chaff. Witness clung on to it. Witness then started to cry out Forbes's name, but got no answer. There was no sign of anything or anybody. Witness held on to the sack of chaff, and after some time had elapsed lie got up near the boat-, which was then burning .a light. Witness called out, Tho boat appeared to be getting away from him again, and he called out that 110 was all right. , He got' a bit closer, and heard a. voice say, "You can't, get into the boat." Mr Mays: Did you know the voico?—lt appeared to be that of the chief mate. > Did yon say anything else?—l told him I was all right, and that all I wanted was to put mj band on the side. Then as he pulled alongside he said, "You oan't get into the boat," 1 told him I did not want to. I got alongside, and put one hand on tho gunwale of the boat, whilo I kept holding on to the bag of chaff with the other. I remained like this for fully an hour.

Mr Mays:' I think that, at this time thoro wore two dogs.in the boat?— Yes. These dogs wero kept in the boat, and wero landed on tho ?—Yes. ■ During that time did ono of tho firemen or one of (ho crew get into tho boat?— Yes. I don't know his name. I was taken into tho boat afte, 1 ' hanging on in tho manner described for an hour. Tlicy wero then thinking about landing. While you were hanging on to the boatside did you hear any protest about dogs being kept in tho boat?--Yes. Someono made a remark about the dogs being thrown out.

Did you hear what de Wolfe said?— No.

Continuing his evidence, Cavanagh said lie " was disgusted with the wholo orowd." There was no fog at 11 o'clock, and nono when the vessel struck.

Ilis cross-examination was postponed at counsel's request. 1 Mr Baggstrom (engineer): May X ask what religion this gontleman belongs to? The Magistrate: Yes. Mr Baggstrom (lo Cavanagli): What religion arc you? Witness: Roman Calholic.

Mr Baggstrom: How can you on your oath, then, swear to such ungodly lies? The Magistrate. saicl that such style of examination could not be allowed.

In further reply to Mr Baggstrom witness said that he adhered to his state-

To Mr Peterson: Cavanagh said that ho gave him a bottle of whisky at Wai-tii-ru.

In reply to the bench witness said that he was sober when ho went aboard, and remained so tho whole time.

Another passenger named Wilifam M'Farlane M'lntosh said that do Wolfe was in a muddled state, and was not tit to talio. charge of the ship. The weather was not foggy when the vessel struck. Witness was afterwards taken into the boat. He eaw Cavanagh swimming alongside, and do Wolfe told him not to get in. There were then two dogs in the boat, and several protests were made about keeping them in the boat. Do Wolfe made no reply, but Cavanagh was taken into the boat later.. Do Wolfe said on several occasions that ,ho didn't know where he was, and he could not find tho compass for a quarter of an hour. i •

Mr Mays: Did Peterson speak to do Wolfe?—No; but I heard him say "I said to myself as soon as ho struck, that's do Wolfe."

Did tho crew offer the women and children slielter after landing?— No. Thoy TFCtfl Mi asksd for it. Quo la4uvas.ui.tli9

shelter, and my wife and Mrs Cavanagh were out in tho open all night. HAvo you any fault to find with tho provisions?— Yes. Wo had terrible hardships. The boat was not properly provisioned at all. The inquiry was then adjourned till 2.15 to-morrow. • •