THE WRECK OF THE SURAT.

Otago Witness, Issue 1156, 24 January 1874, Page 13

THE WRECK OF THE SURAT.

OFFICIAL ENQUIRY. (Continued from page 7.J heard no order given, but I saw the sailmaker speak to the man at the wheel. I cannot say the vessel's course was altered after tlie sailmaker spoke to the man at the wheel. When the anchor was dropped, I j was on the main deck. I should say the vessel was about a quarter of a mile off the shore then. I cannot say whether the way of the sliip was stopped before the anchor was dropped. The anchor held very little, and the ship dragged it. It did. not stop the vessel's way. When the anchor was dropped, the fessel was heading right into the laud towards the sandy beach. When the anchor dragged and the vessel was running ashore, the yards were braced to keep her off. When this wis done she had not touched, but was very close to the shore. When we braced the yards, she went off. We went back a bit, slewed the yards, and ran her ashore in the next bay, where she now lies. The cable was slipped, bub I can't say whether it was before or after the yards were backed. To Mr Stout : I cannot say if there were any sails taken in before the anchor was dropped. I heard no orders given by the captain at all about this time. I saw a man getting into the main rigging with a leadline ia his hands. I left the ship in the last boat. I believe the sailmaker was on shore before I was. I never saw him after we ran ashore. I saw him after the anchor was dropped. I believe he had had a little to driuk. He looked like it; but he was not drunk. I believe the wind was off the land when the ship anchored. When we backed the yards the vessel drifted off the land. .Before this we drifted towards the land on the starboard bow. I heard the sailmaker give no orders except those he gave to me. I thought he had charge of the ship from this. I spoke to the captain about the ensign. Several others spoke to him. before i and after me, Ido not recollect ever seeing Hargraves on the poop. I considered that the captain was drunk when we asked him to let us hoist the ensign. I did not notice him when I left the sbip. His appearance j made methinkhe was drunk. I consideredttie captain's action with reference to the ensign improper. I cannot mention any other order the captain gave that I considered improper. I never abked the sailmaker to take charge of j the vessel. I have no idea of the distance f 10m the place where the vessel first anchored and where she was beached. I helped to pay the cable out. Thirty or forty fathoms wore paid ou f . I cannot say how much cable had been paid out when the windlass first stoj>ped. The vessel did not touch the ground in Jack's Bay whilst the anchor was down. I could not say whether the foresail was set.

Saturday, 17th January.

Mr Booth, cabin passenger : I kept a chart of my own while on board, on which I marked the chart of the vessel, obtaining my information from figures kept on board and from the mate's boy. It was about half an hour before the ship struck, to the beat of my holkf, that the women went into the cabin — it might have been only 20 minutes. Capt. Johnson, just as he was passing me to go on deck, when the ship struck, said, "Good God, Booth, what's up." I heard hi-" say to the second mate on the poop, i " Where the deuce have you brought the ship to," and did not hear the mate reply, j After the vessel struck I was with the captain more or less, with the exception of the time between the vessel striking and of my gf'in« on to' the poop after she was hoveto. 1 did not go with him into his private cabin. I heard reports made to the captain by the carpenter or the quantities of water the ship was making. [Witness detailed the reports hrought to the captain by the carpenter ] I only learned this information from listening very closely, as the reports were meant to be private ; the officers kept all they could to themselves, except at first, •when it appeared the ship was making no water, and an announcement to that effect was made to the passengers. The captain appeared at the time the report of 11 inches of water was made to him to be in a little state of excitement, as if he had had a glass or two. But he "was one that always took his glass on the voyage out — in fact he generally kept it at his bed's head during the uijrht I s/iw gin served out in. the saloon by K<-l!y, the steward ; the. captain had a glass, and I had one also. The captain gave orders to Kelly, the steward, that he was to give a glass pach to those working at the pumps ; it was raining hard at the time. I went back in about 20 minutes or half an hour after this to the pantry, and found Kelly in a groat state of intoxication — beastly drunk— giving liquor to any one who would ask for it. I remonstrated with him for doing so, and he told me that he knew what his orders were from the captain, and to mind my own business. Mr Stout said a conversation with a drunken man should not be taken down in an official enquiry, and used against the captain. Witness : Kelly wanted to fight me, and I went to look for the captain. After a while I saw him come on the poop. 1 said to the captain 1 thought it a bad job the vessel struck, and asked if she was damaged much. JE-Je said it was impossible to say just then---addiner, "1 would rather have given £60 than that it should have occurred." I asked him if ho knew where she had strnck, and we proceeded to the cabin and looked at the cliait— the captain's chart. Ho had made a little cross on the chart, and said " It is just opposite to where the cross is,"

The chart was produced. Witness (examining the chart) : The mark is here ; it is very faint. It is the one marked down just after the vessel struck, opposite the place where it was said she struck. [The mark was opposite Slope Point.] When I asked the'eaptain to signal the steamer, he said, "Never mind; we don't need to signal her." I asked him his reasons, and he replied, "There is no danger." I said, " There is no doubt the ship is in a sinking condition, and I think you ought to use every precaution to save the lives o* the passengers in the ship, seeing you are in a sinking ship." He replied, "I shall do just as I think proper, seeing I am the master of the ship." He also said, "I have a revolver in my pocket, and I intend to have my own. way/ I said, " Captain,if you allow the steamer to pass us, there will be a terrible row with the passengers." An hour or an hour and a half after, I met the captain on the poop. I asked him to signal the steamer. He refused. I asked him where the powder was, and if he would allow us to fire a shot from the gun. He said, "Mind your own business." Myself, Mr Izett, the sailmaker, and others hoisted the ensign. The captain was carrying a revolver, and not wishing any one of us to get a shot through himself, we put it up altogether to divide the risk. The ensign was not allowed up long. The captain pulled it down, say ing he would shoot the tirst man who dared hoisfe the signal halyards again. A quarter of an hour or 20 minutes more it was hoisted again. No one gave orders to put it up. It was a made up thing between us. Myself and Mr Izett, assisted by " Sails" and Mr Vinck, the fourth mate, hoisted it. While this was being done, the captain had his back towards us. We were hoisting the ensign in the ordinary way with Vinck and " Sails." The former requested me to "keep an eye on the old man" — meaning the captain. I gave instructions to the second mate to go off to th.p steamer. I did it of my own motive. Kelly, the steward, was at the wheel when the steamer passed, and had, I should think, been there almost an hour or an hour and a half. He was in a state of drunkenness, and was quarrelsome. The captain was standing by and gave him orders in steering the ship. The captain gave some orders with rrfgard to the steering ; Kelly turned the wheel the wrong way. The captain jumped round and said, " Turn the wheel the other way." Kelly was allowed to remain at the wheel after that. I request? d the captain several times to fire a gun, and he refused. I can only term the captain's state at this time to be a state of drunkenness -he was drunk in the ordinary acceptation of the t*rm. He got worse after. Every succeeding time I saw him and his officers after the ship struck they were more drunk. The captain could then walk and talk, but he held on by the rails, shook, and seemed as if he could not reason. The first officer was also drunk then. The two got worse afterwards. The second officer was also in a state of intoxication, but at that particular time was not so bad as the captain aud first mate. Shortly after the steamer passed, I and other passengers spoke to the sailmaker. The sailmaker was sober at this time. I said to him, "Now, sailmaker, you see the condition that the captain and first inate are in?" He said, "Yes, Mr Booth, I do."_ 1 said, "Well, sailmaker, give me your candid opinion as to the stite of theship." Hesaid, "Theship is in a sinking condition." I asked him how long he thought she would live. He said he could not exactly tell— she might live two or she might live three hours. I asked him, " Do you think the captain and the chief mate are in a fit state to navigate the ship ?" His reply was, " Decidedly not." The sailmaker, Mr Izefct, and myself consulted as to the best means to adopt to save the passengers. The sailmaker's advice was to beach the ship at the first good place we could see. I asked him if he would take charge of the ship, providing the captain did not intend to beafch her. He said he would, providing we would take charge of the captain and his officer. — (Laughter.) The subject diopped then, when I said I would attend to the matter, and watch the captain's movements. The sailmaker seemed to have charge of the ship occasionally. The sailmaker ordered her to be beached, and the captain ordered her head out to sea. There was an altercation between the captain aud the sailmaker—the captain was very "contrairy." I did not distinguish what was said, but the words were in an angry tone. I had a conversation with the captain just before the ship went into Jack's Bay — previously I had not much to say to him, as he was so stup'dly drunk. I said, " Captain, what is your intention with regard to to the ship ; do you intend to beach her, or let her go down ?" Hesaid, "Well, John, I shall trust to circumstances." 1 said, " Thai's a pretty cool way of putting it." I said, " Now, Captain 1 Johnson, I'll speak to you now as you dc« I serve to be spoken to. You see the state of ! the ship, that she's in a sinking condition and won't last long. You cannot shut your eyes to the fact that the passengers know what those boats astern of the ship mean. If you don't know, I'll tell you. It is the passengers' opinion that it is your intention to run the ship under, and to save yourself and officers by those boats." I told him that if he would be advised by me he would beach the ship. 1 also said that the very moment he attempted to get into those boats • he would be a dead man.

Mr Stout : Had you also a revolver in your p »cket ? Witness : I had something worse than a revolver.

Witness— By Mr Haggitt : I did not tell the captain so at the time. The captain, after I spoke to him. seemed to waken up.— (Laughter.) He aaid he would beach the

ship at the first opportunity, and land the passengers. I clappeH him on the back, and told him he was beginning to come to himself again. Re'-pecting the long-boat ; I have read tbe evidence in the papers, and mine is about the same.

By Mr Stout: "The something worse than a revolver" that I had was a large butcher's knife. — (Laughter.) I got it from one of the sailors. I don't know his name ; I know him by appearance. I got it from him as the steamer was passing. I carried it up my sleeve. I was prepared for bloodshed. I have read the evidence in the newspapers, and have talked about it as passengers will. I have commented on the cvi» dence with one or two ; I have kept my opinion to myself. I have talked about the evidence of the witnesses as it appeared in the papers. The conversation with the captain, in which I mentioned having something worse than a revolver, was after the steamer had passed ; some time after, and before the loug-boat was launched. I have said I was a saloon passenger. I decline to say whether I have paid. Ido so because I got a threatening letter from you. I owe £10 balance of my passage ; I worked out by acting as schoolmaster on the passage. I also became responsible for £15, the balance of another's passage. I don't think I owe anything for liquor. Mr Haggitt said this evidence was irrelevant.

Mr Stout said he adduced it to show animus.

By Mr Stout : I knew the name of the point on which the vessel was supposed to have struck was Slope Point. I knew the name of the point betore I came here to-day, and before I examined the chart to-day. I wanted to look at the chart to-day to see if the mark made on it was still remaining. When the captain walked and talked he gave improper orders. He, for instance, ordered the signal to be pulled down, and gave a wrong order to Kelly. He did not give many orders. He walked about and talked. His talk was reasonable enough for a drunken man. He, for instance, told me to mind my own business. That is unreasonable, coming from a captain to a cabin passenger when the captain is drunk. His drunkenness is a material point in regard to being unreasonable. If he were sober, I and all tbe passengers would have had confidence in him, and would not have thought of interfering with him. When the vessel was rounding Jack's Point I consider thesai'maker was sob°.r— he had had a glass or so, but not so nnich as to interfere with his doing his duty. I have not acted as a lieutenant to the sailmaker, or as a sort of leaguer among the passengers. I had some conversation with Hargreaves with reference to the passage of the coast. I think your clerk was listening to us. Mr Stout : I did not happen to have a clerk there.

Witness : Well, the person who served me with your threatening letter. I have talked of the evidence given by the witnesses with Hargreaves and other passengers; never with anj of the crew. I have spoken of the evidence, but never discussed whether it was right or wrong. I have talked over the evidence with several who have been present in Court during the enquiry. I have never given an opinion on it. Ido not know that one of the peisons I talked with took notes. I never saw anyone take notes ; no one has told me he took notes.

Frederick Izctt : I was a cabin passenger on board the Surat. I was in the saloon when she struck, as also were the captain and thi'ee female immigrants. The captain was in the cabin* a quarter of an hour or ten minutes before she struck. During that time no report was made to the captain of land or breakers ahpad. The captain has referred to me as the man who rushed the boats and left all the women behind. His only foundition for that statement is this : Immediately on going on deck, when the ship struck, two sailors were in a boat calling for a knife, and I weut in to give them miue. I left the boat again immediate^ to got some chalk for the carpenter. This was the only occasion I got in. a boat till I finally left the ship. Some time after they had begun to work the pumps — about half an hour — spirits w ere served out. They were served out by the steward, who was getting "pretty well ou" when I first noticed him. I afterwards found he was totally incapable, through drunkenness, of serving out the spirits properly. He was giving spirits to two or throe instead of distributing it equally. I mentioned this to Mr Booth. It was after daylight, and just before the steamer hove in sight that I first noticed the captain was not sober. I consider he was at that time incapable of taking charge of the vessel. He would not give orders, stood with his hands in his pockets, staggered in his gait. He had a drunken glare in his eyes, aud would not give orders. When. 1 asked him to give orders he looked at me with a vacant stare and did not reply. I asked him to show that he was capable of giving orders. I asked him to signal the steamer, and he made no reply. 1 was requested to go for the ensign, as I knew where ib was. I found it, and gave it to the men called Bonn and Donovan, who brought it on deck. A bag of flags had previously been brought on deck, but the ensign was not among them. The captain said ho would not allow the ensign to bo hoisted without his orders. I then suggested to get the captain into conversation, and hoist it by stratagem. That was done, and tho ensign hoisted. The captain, turning round, found it out, and pulled it down with his own hands. Tho ensign was afterwards hoisted again, but I don't know by whom — it was hoisted in the course of a feAV minutes. I knew where some of the ammunition was, but would not go for it. Enquiries were mado of the stownrd, who was at the wheel. Ho jeered us, and said

" Wouldn't you like to know ?" He was quite drunk. Mr Booth and I then went oa the forecastle, where the only boat then on the ship was. I discussed with Mr Booth as to the best means of inducing the captain to land the passengers. When the boatwas being launchedthematecameforwardandinterfered A scuffle ensued between him and two of the sailors, and they took his revolver from him. The mate was drunk at the time. I next saw the mate at the pumps. He stopped them by getting in the way of the handles as they were going round. It being a desperate case, some of the passengers cried out, " Knock his brains out if he does not get; out of the way." Before I went on the forecastle I, with others, asked the sailmaker to take charge of the vessel. By Mr Stout : When I first saw the sailmaker coming on the poop he was speaking as he was coming up the steps. He pointed to the sails, said they were all aback, and asked what it meant. He addressed himself to the people generally. I saw the chart almost every day. I helped Mr Booth to keep his chart. If Mr Booth has sworn that I took part in the second hoisting of the ensign he is not correct. I should say that the captain could walk about when the steamer was passing ; it was by his look and manner, and not by anything he said, that I judged he was drunk. If the sailmaker has sworn he found the ensign he has not sworn what is correct. I landed at Jack's Bay with Mr Booth to report the ship. He wanted my assistance. Detective Shury : I served copies of the document produced on the captain and two first officers on the sth January. Richard Fountain, re-called by Mr Stout, said he had made a statement to the Immigration Officer that he was 38 years old, whereas he was 45.

Detective Shury stated : I served this document on white paper on the sth, and the document partly written and partly printed on the 6th. I served them upon the captain, chief mate, and second officer of the Surat.

This concluded the evidence.

Mr Haggitt said he should not think of wasting the time of their Worships by delivering an address. Witness after witnesg who went into the box gave the same account of the leading features of the case in almost the same terms. They had varied, it was true, in trifling particulars, but substantially their account of the matter had been the same. Of course such variations were to be expected in every enquiry of this kind. When every one had been in an excited condition, and viewed things from the point of view which struck his mmd — if he was the witness of truth he would state the impression the circumstance made <m his mind. Feeling that, he would think that he was merely wasting time if he attempted to reconcile the trifling discrepancies of the various witnesses. Their Worships had had as much experience as himself in the examination of witnesses, and in the manner in which stories were told under circumstances of this kind, and as far as that was concerned he was quite willing they should form their own conclusions from the general demeanour of the witnesses as to the truthfulness of their testimony. If his learned friend in the course of his address raised any legal question, of course he (Mr Haggitt) would have a right to comment on whatever statements he might make. Mr Stout said there two aspects under which he would proceed to view this case. The first would be what might be termed the legal aspect— the second would be the evidence. First, he had to comment on the position at present of the Court. Of course the enquiry was held under the Enquiry into Wrecks Act, 1569, it being the legal court contemplated under the Amended Merchant Shipping Act for enquiry into the loss or abandonment of vessels. He contended that as far as they knew their Worships were three Justices of the Peace, and as such he did not know of anything that they had in their power to do but to determine what caused the loss of the ship. As to the suspension of any certificates, 'he apprehended that as Justices they had no power— that they could not suspend certificates at all, as there was no proof of the appointment of any Nautical Assessor whatever. So far as he (Mr Stout) knew, their Worships were Justices of the Peace, and two of the President Magistrates, and as such no doubt they had power to hold an enquiry. He could not dispute that, as it was clear from the Act, bat he apprehended that the powers of the Bench ended there. Passing on to the next point he had to notice, he might say that, even supposing a Nautical Assessor were appointed, the 15th section of the Act, as to the cancellation or suspension of certificates, under which the Court was now sitting, was peculiar, in this way : That before any certificate could be cancelled or suspended, there must bo a loss, abandonment of, or serious damage to, the ship, caused by the wrongful act or default of any certificated officer. Now, he apprehended that the case made out by the Crown did not show that the loss of the vessel was -caused by any wrongful actor default. It must be by wrongful act or default. The "wrong" was the gist of the whole thing. There must be some wrongful commission or omission. He apprehended it could not be contended for one moment in this enquiry that there had been any wrongful act of commission or omission causing tiie loss of the ship, or serious damage, or loss of life. In fact, the caso presented by the Crown or the chief officer of Customs, made it appear as if tho Bench had power to decide whether there had been drunkenness among tho officers. That was not the question before the Bench. If the Crown wished to find fault with the officers' conduct on board the ship after the accident occurred,

then the law was very clear. Any wilful breach of duty, or neglect of duty, by which the loss or damage of the ship was occasioned, was constituted a misdemeanour. In such case the man must be tried by a jury, and if guilty he could be punished ; but so far as the Bench were concerned, they had no power whatever to interfere. If an information was laid before them as Justices, no doubt they could send the case to a higher Court ; but so far as drunkennes a on board ships was concerned, that was a matter with which the Bench had nothing whatever to do. Therefore, so far as all this evidence as to drunkenness was concerned, that was not the place to discuss the matter at all. He thought these two objections disposed altogether of the case, because — and here he must deal somewhat with the evidence— it could not be contended for one moment that there was any wrongful act or default up to the time of the vessel's striking. That was not pretended for one instant by the prosecution. There had not been a single shipmaster called, not a single expert examined, to show that there was anything improperly done by the captain or crew up to the time of the vessel's striking. In fact, he might say that three fourths of the evidence— if he might nob say the whole of the evidence— referred to the conduct of the captain and officers after the vessel had struck. It was plain that the loss of the ship was caused by her striking on a rock or reef. That being so, it could not be shown that \vp to that time there had been any wrongful act, or default on the part either of the captain or of any of his officers. He, therefore, apprehended that, under the 15th section of the Enquiry into Wrecks Act, their Worships, even if a Nautical Assessor had been appointed, had no power to deal with the suspension of any of the three certificates handed in. It might have been argued by the other side— had there been evidence to support it — that the Bhip might have been saved, even after the serious damage caused by striking, if she liad not been hove-to, and if she had run to port. Well, there had not beeu a, single nautical man examined on that subject, and he would ask the Bench to look at the matter in this light. The Bench could not say that heaving-to was a wrongful act. Possibly, as the captain said even now, he made an error. But that was not the sort of thing the Act contemplated. Every man is liable to error, and no man is infallible. So far as the suspension of certificates was concerned, the Act contemplated not a mere error of judgment, but some wrongful act. Even if the argument he had referred to had been set up, he would have had a good reply to it. For he would ask the Bench to look at the position of matters in heaving-to. The captain strikes unaccountably on a sunken rock. He runs off the laud. That could not be considered a wrongful act. He finds the ship is making no water. He gets tbe pumps ready, and at once heaves the vessel to, so that in daylight he may accurately determine his position, and calm the passengers, who are in a very excited condition. Could there be anything wrong in heaving the vessel to under such circumstances ? He would ask the Beach to consider what the risk would have been if the vessel had not been hove-to. If the captain, after his vessel had struck, had crowded on all sail and got off ttie land, the wind might have fallen away, and the ship mifht have gone down with the hundreds on board. The only other thiug that had cropped up that looked like a wrorgful act or default was tbe fact of the captain's not having signalled the steamer. He would ask if the non-signalling of the Wanganui was a wrongful act or default ? Supposing it was a default on the captun's part, could the Bench say that that default wa3 the cause of the loss of the ship ? if that was the default on which the Collector of Customs rested his case, he (Mr Stout) would say that that was not* the default contemplated by the Enquiries into Wrecks Act. Leaving that part of the subject, he had to observe, first, that if he bad been addressing a jury he would have asked them to be very careful in weighing the evidence, in consequence of the lumours in the air ever since the vessel struck. And no doubt some feeling had been got up by the landing of some 200 or 300 people, led by Lieutenant Booth, who appeared to have been second in command to the sailmaker. And notwithstanding that the witnesses had been ordered out of Court, discussions about the e%idence given in Court had taken place amongst them with people who were in Court when the other passengers were giving their evidence. In such cases there must necessarily be "something existing in the air." The telegrams also sent to newspapers in other parts of the Colony were of Buch a sensational nature as to surprise one. And from an article he had seen in the Southern Cross and other comments, he feared that if the case had been before the Supreme Court, he would have had to ask the Court -as was done in the Tichborne case— to put a stop to all comments until the case was at an end. He now had to make some observations as to the manner in which the enquiry had been conducted. The Act did not contemplate that there should be anything in the nature of a prosecutor, and it certainly did not contemplate that there should be a certain class of witnesses examined who had previously been precognoaccd by a detective officer. One of the witnesses was oven under the impression that he was obliged to make the statements he did make to the detective in pursuance of his summons. That was not contemplated by the Act, and it was an improper thing to do. He had also to notice another strange fact, namely, that there had not been a single sailor called who had been in the second mate's watch — not a Bingle sailor called who had been on the deck from

!12to 4. And how was it that nearly all the sailors called had had a quarrel with the fir -t mate ? That was altogether unfair to the first mate. Supposing even that the Bench had power— which it had not— to deal with a charge of drunkenness, it was not proved that the ship had been lost by the drunkenness of the first or second mate. There was nothing whatever before the Court showing any wrongful act or default whioh gave the Ccmrt power to deal with this matter at all. The next objection he had to raise was that the statement which should have been served upon the captain according to the Act had not been served. The only statement given to | the captain before the enquiry commenced was one served upon him by Detective Shury, and dated January sth. That was not the statement contemplated by the Act, and therefore he contended that before the enquiry commenced there was no report or statement of the case on which the application was made furnished to the captain. Another document was served, dated the 6th, but that was too late, as the enquiry had been commenced by that time Coming to the evidence, the was one peculiar feature in it that he wished to draw attention to, namely, that if they were to take the witnesses' statements as correct in every particular, then every witness who was examined was the man who did the most, and who was the cause of the vessel's being beached. The sailmaker thought he did everything that was done ; Booth thought the same of himself ; and Izett was of opinion that without his advice Booth would have been helpless. He did net intend to accuse the witne°ses of wilfully misstating anything, but they might have been prejudiced to a certain extent against the officers and captain. Up to the time the vessel struck, the captain did what i any captain would have clone. As to the place where the vessel struck, be contended that she could not have struck on |Slope Point, as that was impossible, owing to the distance she had run. It was equally impossible that she could have struck on Waipapapa Point. The next points were the Brothers and Chasland's Mistake. The first mate thought she struck on the Brothers ; but after consideration, and judging from what he saw in the evening, the captain thinks the vessel struck at Chasland's Mistake. No expert had been examined on this matter except Captain Leys, and all that he could say was that he knew the bottom off Waipapapa and Slope Points was foul, and that he knew of no rocks or I reefs off Chasland's Mistake or the Brothers. ' But rocks or reefs have to be discovered ! some time or other. He would ask what ! evidence there was of where the vessel struck ? They could only conjecture. After the vessel struck, she was run off the land, and there was no water made. From 12 to 4 o'clock was left a blank by all the witnesses. None of the witnesses had anything Ito say until the steamer was sighted. Up to that point nothing could be said against the captain or the crew. The captain had made l his statement, and he (Mr Stout) thought t there was never a witness placed in the box who made a more straightforward statement than the captain had. He thought the Bench would pay more attentionto one who gave such straightforward testimony than to those who contradicted each other. He would ask, what were the proof s of the captain's incapacity? The proofs of drunkenness given by some of the witnesses were very singular. One witness thought the captain was drunk because he had his hands in his pockets. Another thought he was drunk because he gave no orders. And what did the doctor say ? He made out that every one on board the ship was drunk except himself. He would ask the Bench to look at the whole of the doctor's testimony, and say whether there was anything in it to show that the captain was not able to do what he had to do on board the ship. The captain admitted that he took liquor and the first mate made the same admission. Bui; he (Mr Stout) would ask the Bench to remember the sort of replies he got when he cross-examined the doctor, and asked him to point out some sympi oms of drunkenness displayed by the captain. The doctor either declined to, or could not, point out a single order given by the captain which showed that he did not know what he was doing. That was the best test of drunkenness. He contended that there was nothing in the symptoms displayed by the captain which was inconsistent with their having been the result of excitement, and the result of having a lot of women, and of a lot of men who acted like women, crowding round him, and asking him what to do. He would ask if any act had been brought before the Bench to prove that either the captain or the officers were incapable. The contradictions in the evidence given by the passengers were so numerous as to show that they must all have been in a very excited condition, and that their evidence was unreliable. After a loug argument between Mr Hageitt and Mr Stout upon the legal points raised by the latter,

Tuesday, 20th January.

In the Mayor's* Court on Tuesday afternoon at five o'clock, judgment was given in the Surat enquiry. Mr Strode, 8..M., Captain Thomson, Nnutical Assessor, and Mr Fulton, E.M., were on the Bench. The Court was crowded, the captain and chief mato of the Surat being in attendanca. Mr Strode, R.M., read tho judgment, as follows :— The Resident Magistrates engaged in this enquiry, now proceed to express their opinion and give tfelr decision In the master of the loss of the ship .Swat Tho ship Surat, bonnl for Port Chalmers, if'™* ° H the coast of Stewart's isUnd between 2 and 8 1 p.m . ou the 31st December last, at which time lantt was sighted beulug N.W. about 10 miles off, tho wind blowing a fine breeze from W.N.W., and the ship beit.g Btoered a N.E. course by the magnetic compass until abreast of Bruce'* reef, off the Kurt Coast of Stewart's IsUnd. From this point the ship was hauled more to tlw nonhward, the matter (to we hU

own words) " giving instructions from time to time to the man at the wheel to luff, without noticing particularly what alteration it made in his course," and passed Buapuko Island at a distance, as estimated by the master, of twelve or fourteen miles, but of seven miles, as estimated by the chief officer, whose watch it was. From thence a course N.E., and gradually up to N.N.E., was steered, the vessel going about nine knots, until Dot? Island light was sighted at 7.30 p.m., bearin? W« by N. J- N-, at a distance, as it was believed, of 20 miles. At this time the course was »lt.cred to N.E. by E. £ E. by the standard compaas, which the master says had' only three degrees of easterly devia ion, and to N. £ E. by the binnacle compass, which shows that the latter was quitu unreliable, and this course wassteered until eighto'clock, when as Doglslandligbt was being lost sightof the vessel's supposed position was marked by the master on a small scale chart (tbe only one he had) of the New Zetland co«t, the light beiring W. by N\, distant, aa " guessed " by the master, 22 miles, but no effort was made by soundings or otherwise more accurately t" determine the ship's position, from this time until within a few minutes of 10 p.m., the same course was professedly kept On land b<-ing reported on the port bow for tbe second time by the look-out, the second mate, who was in charge of the deck, ordered the helm to be put up, the wind being at this time N.w. When the vessel was coming by the lee and the yards were being squared, the vessel struck heavily on some hidden danger five or six times, without stopping her way, the land being from a qu«ter of a mile to half a mile away. She wat then braced up on the starboard tack, and stood out to sea for three-quarters of an hour, when she was hove-to, with the maintopsall to the mast, until diylight. As little or no water was made for the first hour, the excitement among the pa-s»ngers consequent upon the ship's striking was very '■ onsiderably allayed. About midnight frequent soundings in the pump-well showed that the vessel was making water. The port pump, and subsequently the fire-engine, were started »nd worked mainly by the passengers. The st-vrboard pump be ng found out of order, was of no ? errtce Between 3 and 4 a.m. of the Ist of January, there being about 7ft. of water in the well, the vessel was kept away and a courte steered northward along the shore, when a steamer hove in sight steaming to the southward. As she ncared the Surat the enslsn was hoisted by one of the passengers, but immediately hauled down by the master's orders, with threats that he would shoot any man who should hoist it or fire a gun. When abreast of the steamer it was, however, ao-ain hoisted, Union down, and a boat with the second m>\te in charge pulled towards the Wan-c-amti, which steamer passed within a mile and a -half of the Surat, without any notice having been taken, there being at the time no officer in charge of her deck. Prom this time everything on board the Surat seems to have been in the utmost confusion and disorder: bo its were lowered without orders, an incompetent T>erson permitted to steer t> - o ship, the anchor let go in Jack's Bay, about 100 pnsseneers landed there, and with lift, of water in the hold the cable was slipped, and the veisel beached in Catlin's Bay, where the remainder of the passengers and crew were Unded by 11 am. No portion, however, of the immigrants' lugnage was saved, notwithstanding the fineness of the weather. We further state our opinion on the matter as follOWB1 OWB -.—That the mnster was most bl»meable— _ 1. In sturtina from London with his ship in anunseaworthy condition, inasmuch as he had not provided himself with detail charts of the coast of New Zea2 In not taking, when he made the New Zealand coast, to which he and all his officers were strangers, and when night was setting in, the neressary steps to determine his position with accuracy, not even consulting the "New Zealand Pilot," which work he had onboard. That the vwster ami chief officer were most blameabie — (I) in rnakiig no effort, to lessen the leak ; (2) in allowing to pass by at a time when there was eight feet of water in the hold, the steamer Wanganui, whose services they cnulcl easily have tecured. That the master, chief officer, and xecond offiter, vert nmst culpable— (1.) 'n rendering themselves by insobriety after the ve«sel struck and before she wai beached, quite unfit for the performance of their duties. (2.) In making no effort after the beaching of the vessel and landing of the passengers fall of which was effected at 11 a in., the day being fine) to save the immigrants' effects. We therefore come to the conclusion that by the wrongful acts and default of Edmund Joseph Johnson, nns'er, Abram Forshaw, chief mate, and Edward Hcsselton, second mate, the shipSu-at was lost and abandoned in Catlin's Bay nn the Ist day of January, 1874, and we decide that the certificate of competency of Edmund Joseph Johnson, as master, be cancelled : the certificate of competency of Abram Forshaw, as master, be cancelled ; and the certificate of competency of Edward Hesselton, as second mate, be suspended for the term of two years from the 20th day of January, 1874. Captain Thojcsox said :— As Nautical Assessor to the Magistrates engaged in the enquiry, duly appointed, 1 have only to say that I fully concur in the decision just expressed. The Court then adjourned.

A criminal information was served by the police on Wedne -day afternoon upon Edmund Joseph Johnson, for that he, on the Ist January, 1874, whilst master of the British ship Surat, did "unlawfully and by reason of drunkenness, omit to do a certain lawful act, proper and reqiusite to be done by him in preserving the said ship from destruction, to wit, that the said ship being then in a leaky condition and making much water, and having then much water in her hold, and the steamship Wanganui being within such a distance of the said ship that the said Edmund Joseph Johnson might have sought assistance from the said steamship, which he omitted to do, contrary to the form of the statute in such case made and provided." Captain Johnson still remains in custody. The above charge will be heard at the Resident Magistrate's Court this day.