WRECK OF THE PENGUIN

Otago Daily Times, Issue 14461, 2 March 1909, Page 5

WRECK OF THE PENGUIN

CONCLUSION OF THE INQUEST. THE CAPTAIN EXONERATED. (Pep. I i sited Press Association.) WELLINGTON, March 1. kvuli'fire \vas ijivon to (Jay at the PeniiiijiK'st In* ;i uuiuher of survivors li'u'n tlie wreck. A slalemnnt was innue by the local manager of the Union (oinp;iny as,to iho ad ion taken by the ofiicials in making t(io npcessarv arrangements ill dealing. with affairs arising out of Iho wreck. . The following is the verdict of the J nry 0) lha I Mrs Brit fain am] others came to tlioir death by (he wreck of the I'onginn.

(2) I hat the course laid down by Captain Nuylor would under ordinary circumstances have been perfectly sale, but was aliected by adverse winds and contrary tides and currents, and having lost his behiings through the thickness of the weather, no lights being visible after 8.30 p.m., while the vessel struck at 10.2 .p.in. '('lie Penguin struck upon some object the exact locality of which has nut been defined, ;md became a total wreck.

(3) That the conduct, of .Captain Xavliir and the crew of the Penguin alter the vessel struck was in all respects admirable. .

(4) That on the evidence submitted u is apparent that all was done by tne Union Steam Shi]) Company, the police, Mr and Mrs and their men lor the care ul the dead and the welfare ol the survivors that could be done under the circinnsl;int:e.s.

(5) That, having regard to the number of wrecks in tin's vicinity and with a view to preventing the recurrence of such a deplorable disaster as the wreck of the Penguin anil consequent loss of life, the jury is of opinion that a light on Tongue Point is desirable, and its erection shouui be favourably considered by the Marine Department."

(6) That the jury is of opinion that steps should be taken speedily by the Marine Department to locate (lie hull of the Penguin.

At the inquest Mi Kennedy, local manager for the Union Company, with the permission of the coroner, read a lengthy report which he hid forwarded to his head ollicc setting out what he had done when lie received news of the wreck.

Di' M'Arthur said (hat si range allegations .sometimes reached those who had to adjudicate on matters, it was hinted, for instance, that the Union Company could locate the scene of the wreck in half an hour, and that it was a long way from Tom's Rock. 'Mr Kennedy said that statement, was absurd.. The company had tried tft ice to locate the scene ol the wreck, and had failed.

THE NAUTICAL INQUIRY. CAPTAIN'S CERTIFICATE SUSPENDED. NOTICE OF APPEAL. (Per United Press Association.) WELLINGTON, March 1. The judgmom of the Nautical Court which inquire;! into tho wreck of tl;3 Penguin was delivered as foliows at 5.30 this evening. Question I.— Whether the said vessel was seaworthy and properly found, particularly ill regard to the life boats and other lifesaving appliances, and whether such appliances wore sufficient and efficient and properly attended to, and whether boat drill was properly carried out on the

said vessel?— Answer: The evidence disclosed Iho said vessel to have been sea worthy and properly found in regards to the life-boats, and other life-saving appliances, that such appliances were sufficient and efficient and .properly attended to, and that boat drill was properly carried out' on the said vessel.

Question 2.—Whether under the existing weather conditions at any time after 9 p.m. shelter should have been sought or the vessel's head been mir, out to tea instead of her course being continued to Wellington/—Answer: Under the existing weather conditions, considering that the vessel had run a course of 18 miles at 9.40 p.m., the ship's head should have |®en put to sea instead of her course being continued toward Wellington, and that under the existing circumstances the master was guilty of a, breach of article 16 of "The Regulations for prevennnj collision.-; at sea." Articlo lo rays:—''livery vessel shall in a fog, mist, or heavy rain storms, go at moderate speed, having careful regard lo the existing circumstances and condition'!.'' Question 3.—Generally, what was the causa or what were tho causes- to which the said tasualt* was due?— Answer: Tho cause of the said casualty was the pre. sence of an exceptionally strong flood tide coupled with a breach of articlo 16 by the master of the vessel, and with his failure under the existing circumstances to put to sea when he had run a course of 18 miles. Question 4.—ln particular, whether lhe sa'.d casualty was due to or contributed to by the negligence or wrongful act or default of any person or pea-sons on the said vessel, and if so who were such oereon or persons, apd what was the nature of such negligence, wrongful act, or default?— Answer: In particular, the slid casualty was lontrihutcd to by the default of Francis. Edwin Naylor, the master of tho said vessel, in not putting her hoatl to sea .sooner than he did, and in not. complying with articlo 16 already referred to.

Question s.—Could the said casualty reasonably have been prevented, and, if so, how? Answer: Witli tho distance run up to 9.40 p.m., with the weather thick and rainy, and with neither land nor the light at. Pencarvow in. sight. th? casualty would have been prevented it tho vessel's head msd then been nut. towards safety. When the vesselystruck* some 22 minutes later, the mailer was doing that- which the court, considers he should, have done when closing with tho J and in thick weather.

Qk,->!ion 6.—After the casualty, were all lwt.sonablo and proper precautions taken to prevent los? of life, and, if not, what precautions that ought to have been token were omitted'.'—Answer: Alter the uuisalty happened everything that could be reasonably (loun to prevent loss of life was done by the master, officers, and crew. Question 7.—Whether, under tho circumstances shown by the evidence., soundings should have been taken, and, if so, after what time.'—Answer: Under tho cii'cumstimccs shown by the evidence, as tlm master did not put hia ves.sel'f bead to safety lie ought to have taken soundings. Question B.*-Whether it is necessary or desirable- I hat coasting vessels should be fitted, with patent sounding grar?— Answer; Although not actually necessary it would bo a groat assistance to mast ere i( coastal vessels were provided with patent, sounding apparatus. Tim court considers that life-boats of vessels should have .some means fitted whereby a steer oar could be used when required, and that when having boat drill, and when tho boats are lowered in the water an opportunity should be given to members of the crew to acquire the knowledge necessary to handle such an oar. It, also considers llat the Marine Department should obtain the latest data rr> tho phenomenal cuiTonls obtainable at times ip Cook Strait, that full information oil the 6!ibjeot should bo put before the Admiralty, and that all mariners should b<> made aware of the dangers attending the .navigation, 'especially during Jkuv or thick weather.

Iu view of the fads in this case that oil the boats were canned and floated ashore bottom up, il would suggest, that some simple appliance should 1.. ( > fitted—sav, a lino of similar material—to the life lines already fiitfd on life,boats, to the gunwale on one side, taken through a hole in t.lie boat's keel, and brought up lo the op. podie gunwale at suu;>b!o dislarcos spirt. Remarks weiv during tlie heaving of the ease as lo in® spend of t.he currents marked on the charts. Ip reference thereto, tho court desires to draw attention to (ho instruclioitf contained in tho introduction to the "New 7/eahtml Pilot," which instructions are common to all the Admiralty publications of that nature, and have special importance in the case of vessels navigating Cool; Strait. The court, would refer more especially to paragraph 9 on page 12 ar.d iparasrapli 10 on pa«fi 13. They are as follows:—(9) "Tides and Tidal Streams: In navigating cnash the tidal range is considerable caution is always necessary. It should ho remembered that

there arc indroiifflii.s to all hare and bights, altlkuiijli I lie genera! ran of the stream may 111 1 parallel to the fhere. ' (10) "Current arrows on charts nntv show llu- luoet usual or I lie moan \iiivct ion (if a lidal stream op currciil. Ir nni,-t never l:e ussunicd that, ilie direction of a fi.re.im v;ill not vary from tlial mdiiate.l In- I!>r arrow, In tlio same manner -tin- of a stream constancy varies with i-iriiini-..tanco-, and tho ral: 1 given on the cl:,ii-[ i-j merely fho mean of i!:ofo found during I ho survey, possibly frmu v-'m v fev observation.'."

Ihe ooiivl i; far from sMisfied t.h-.it the vps-;'! .-truck on Tom's Kucl;, but, js unable from ill,. <.vM»r-" to delinitely locate the «ciie of the wreck. >

Con'HKMMin i •*.! indoubted presence of an exceptionally lu'.ivy flood tide, the court is of opinion thai the suspension of the n)ast.»r.s certificate for 1?' months will meet the circiinislant>?s of the case, but also considering the anguish of the master and .having no desire to ruin Jiim ■ financially, »o order will be made as to ccsts.

The court rle.-ires to express its heartfelt sympathy with the relatives who have been lost in this national disaster. His Worship added that, every point was gone into, and whatever nnjrht l:o si:d as to the verdict, it was. Ihe humit, conscientious opinion of the bench

-Mr Hoi'ilman : Will your Worship fix the costs of cp^al? His Worship said hp would fix the inatitcr with Mv ami Mr Mvors in Chainlv?rs. Hp would take (lip question as notice of iipppal.

A DISSKXTIN'fS JPDOMHXT. Oa|jt ain M'Arthur dis-pjitcd from some of the tiiiiliu;..s. He held that the master was instiled in ;; 11 Ting lii-- /{int\-p. The)-® was heavy rain at the fiiii.' lie altered his course from K.H. by K to K. bv K., ami he considered that Captain Naylor was gullly of a. bi-eftch of the retaliations relatiii'/ to pieventiou of collision*-' 1 n\ not inoi'eratimr the speed of his vessel, although he did not think taking .ibe currents into account, this would have prevented Ilia casualty. The catrce of the casualty, in his opinion, was a.ll exceptionally strong floo-.l tide set ling tin' ve.--£o! out of lior course He did nor lliinlc the casualty could have been reasonably prevented under the circumstances. The exceptional tide could not have been _ reasonably anticipate'!,, and he did not think soundings would have been lcliaMe, cons.Jermg ill.? vast differences in the d.?ptb of thp strait at tlistanct 1 ?. ridings would liave been of .material use after getting to the vicinity 0 f Pencarrow.

THE RELIEF FUND. (Per United Press Association.) WELLINGTON, March 1. A meeting in connection with Iha l'enffuin relief fund was li?M to-day, the rum 1 ' Tl '° 'n'- 1 ' hand is WOjI Tins includes £100 from tho lludUar -1 nvker Company, but does nnl inSinA I ttny , ov ei'nmoiit :übsidy. About lias uooii sprint, iu relieving caseM of lii'ponf. need. It was decided to malce no uitlereiice in the treatment. of passenger,, and crew. An- active canvass ij to b a made fo augment, the fund.