THE PENGUIN DISASTER.

Otago Daily Times, Issue 14472, 15 March 1909, Page 5

THE PENGUIN DISASTER.

CAPTAIN XAYLOIVS Al'l'EAL. (Per United Pitr.ss Association.) WEIjIJNGTON, ilnrch 13. An appeal has been lotlijetl in the $u|wme Court by Captain Xaylov, matter of the ill-fated Penguin, against that portion of the decision of the Court of Inquiry which involved the suspension of his certificate for twelve months. The grounds of appeal are (1) that it was not proved that the casualty was due or contributed to or by any negligence or wrongful act or default of the master; (2) that it was not proved that under the exiting weather conditions at any time after 9 o'clock on the niylit of the likistar shelter should have becen .-oiili-it or the vessels head put out to sea instead of her course bsing continuedi to Wellington: (3) that it- was not. proved that tlie master under the existing circumstances was guilty of a breach nf tii'cii'ln 16 of Hit regulations for preventing collisions at sea ; (1) that it was not proved that under the cireiimstaiiecs shown by the evidence the master should have taken Mtmdinas • (5) that, there was no evidence to indicate where .the vessel struck, and in particular there was no evidence to indieale that the vessel did not strike an unelKirloral rock or submerged wreckage; and (6) that generally there was in> evidence to warrant the court ill suspending or interfering in any way with the master's certificate.