THE STRANDING OF THE ARIADNE.

Otago Witness, Issue 2456, 17 April 1901, Page 25

THE STRANDING OF THE ARIADNE.

THE NAUTICAL INQUIRY. (By Our Special Reporter.) OAMARU, Apil 11. The nautical inquiry into the stranding of the yacht Ariadne on the coast, about two miles south of the Waitaki River, was commenced this morning before Major Keddell, S.M.,, Captain Palleson, and Pilot Shand. The latter sat m place of Captain Turpie, who was too unwell to appear. Mt Creagh appeared for the collector of customs (Mr T. M. Cullen), Mr Newton on behalf of the underwriters, and Mr Han lon for the captain of the yacht (Captain Mum■ford). Mr G. L. Denniston (Lloyds' agent) and •Captain Stewart Willis (Lloyds' surveyor at 'Xiyttelton) -were also present. George Mumford, captain of the yacht. waß •the first witness called. In reply to Mr Creagh, ie said he was a master mariner, and produced his certificate. He joined the vessel, under engagement to the owner (Mr Kerry) in FebTuary of this year, at Sydney. The Ariadne ■aii the time was lying in Neutral Bay, Sydney. ■He was engaged to take the vessel to Dunedin. 'He was told to go, if possible, through the Straits, as it was the shortest route. He never inspected the Ariadne before taking the engagement of master, as previously he had been engaged on the vessel getting her ready for ■sea, repairing sails, etc. She was lyuig at single anchor in Sydney, with' just sufficient men to keep the vessel clean. Witness had been working on her for 12 days before he ■wa-s appointed master. The vessel was got ready for sea under his supervision. She was ■well found a-s regards sails, and in all other Tespects, co far as he could see. She was making no water, and he had been told she had never been pumped for three months. Witness engaged the crew. A lot of the crew cleared out, and he had to sign on fresh hands. He could not say why some of the men who had signed on hpd left. None of them gave any reason. He was occupied for three days in getting the crew. That was not an unusual time to take in getting a crew. It was not an unusual thing for men to sign articles and then go away. It was not a fact that at the time the yacht was there there were plenty of 'hands available in Sydney. He understood that the yacht was gomg to Dunedin to refit. Mr Kerry told him that. Witness understood that Bhe wa» going to refit to go to the Islands. Witness could not say if it were cheaper for a vessel to refit at Sydney than at Dunedin. iWitress submitted the namesyof the crew to Mr Kerry. Witness knew that Sydney was a ifree port, but he could not say if it would be •cheaper to refit there. There was no date fixed for his arrival in Dunedin. He was to get theTe by the shortest route. The ship itself was in first^class condition. Witness sailed irom Sydney on February 25. With the exception of a day or two, when it was calm, thoy had bad weather all the way across to Cape .Farewell. Off Cape Farewell the foresail and mainsail carried away. He bent another foresail, but repaired the mainsail. The sails were •carried away, witness would like to mention, through bad steering. They were off Cape Farewell on the 10th March. On the following day they anchored in Massacre Bay, and left the next day, proceeding through Cook Strait. Going through the strait the mainsail toie again. It was at 2 o'clock in the morning, and they were jdouble-reefed at the time. One seam split, and lie called all hands ■on deck to assist m taking the sail m. The men did not respond. They were 20 minutes in turning out, with the result that the sail was unrepairable when it was secured. When the men came on deck some of them weie smoking their pipes, and stood laughing at the sail. One of the men, named Attwood, seid to his rwatchmate, " Never mind, it is all light. Let the thing go. May they all go ' One of Ihs others who stood laughing was named Keschimtzki. When the accident occurred the iport watch was on deck ; the starboard watch ■below. The mate. Mr Savage, was in charge 'of the watch, which comprised four men. (Witness made a note of the loss of the sail in the log, but he did not mention anything about the conduct of the men. There was not loom in the log to do so, but witness made a ■private note of it. The act of the men was tantamount to mutiny; but the men came on to work after. Acts of disobedience were often condoned at sea. Witness replaced the mainsail with the mam-trysail, which was nearly ias big as the mainsail, a.nd the proper sail •to utilise in such a case. In place of the foresail he bent the jib-headed ioresail. The vessel would not sail as well with these sails, c.3 the mainsail was a racing mainsail. She -would not travel as fast, but it would not 'affect her sailing qualities. In going through <the strait there was a head wind — east by south. The mam-trysail carried' away shortly ■after he bent it, and he replaced it with a "big jib, and he came through the strait with it. When he left Sydney he only had the lacing mainsail and a main-trysail. It was a usual thing, witness thought, for a ship to go to sea on a four weeks' run with a racing mainsail and a mam-trysail. The yacht was Tigged as a fore-and-aft schooner It was not a °fact that coming through Cook Strait the wheel was lashed. It was never lashed when ho was on board, to his kuowlec^e. When she

was on the wind he might have ordered the wheel to be put in the beckets, and he would keep an eye on it himself. It ivos a usual thing to do oa small vessels. Ho cculJ ijot say if it were done m Cook Strait. Before t'ley reached Banks Peninsula the fo:e-sta\3.ul sheet was let go through carelessness when wearing the ship. He wore instead of staying because she missed stays once or twice with those sails. He had no doubt she wou'd stay m smooth water, but he woie" to make sure. As to the wheel being put in beckets, he had seen the vessel run like vhat for a couple of hours. She would run close to the wind and keep her course better that way than with some of the men steering. Some of the n:c:i could not steer at all, to his knowledge. The ship was first pumped on the 2nd March, after a gale of wind. After that she was pumped every 24 hours, the pump sucking after 10 or 15 minutes. He did not know of the cook getting wet up to his ankles going below. The ship never had more water m her than was usually found in ships, 'ihey were six days from the time they sighted the coast till they got through Cook Strait, 'ibis was due to head winds and calms. They were off Banks Peninsula on the 21st March. From theTe till off •Timaru they had light southerly winds and calms. They occasionally had light fair winds. When they got south of Tiraaru the wind came from the S.S.E. — a head wind. They were off the Waitaki River on Sunday, the 24th March. At 3 o'clock in the afternoon they were tlirra to four mile 3 off the beach, to the eastward. At this time the wind was strong* from the S.S.E. He then wore, and stood to the eastward ior tliTee hours. The wind at this time was blowing half a gale, and the sea was rough and increasing. The sea, was more easterly than the wind. When standing to the east the vessel was itinning from five to six knots. He could not produce the chsiTts, as they were burnt through a lamp upsetting at the time of the wreck. He had no coastal chart, but a general chart on a large scale, of New Zealsnd. At 6 o'clock m the evening he altered the course, and ordered the mate to steer by the wind. The ship was lying five or six points to the wind. He made allowance for leeway and current— a point and a-half — so that the actual coarse was S.W. by I W. Witness remained on deck till a quarter to 8. When he altered the course at 6 o'clock he lockoned he was 19 miles away from land. He. could not see bnd at all. At a quarter to 8 the wind was about the same as at 6 p.m., but a heavy bank of clouds v. as coming up from the south-west and westward. When he wore phip at 6 o'clock he wanted to get under the lee of the land, as he expected the wind fiom the westward. At 7.50 p.m. he cast the lead. All the watch was present at the cast. The mate gave the depth of water at 25 fathoms. Witness went down below to consult the chart. The mate, on bringing the line to the binnacle lamp, found he had made a mistake — that it was 15 fa-thorns. He made up the log book at 8 o'clock that night. When they took sounding the ship was shook up in the wind and way stopped. He gave the directions to bring the ship up m the wind. There was only one place marked 15 fathoms on the chart produced, and that seven and a-half miles fiom the coast. There was no 15-fathoms mark on his chart, but he reckoned' that he could keep on for half an hour longer before' he had to wear again. He had no' reason to think there was much current ; the tide was neap. He thought if he kept going for two and a-half hours from 6 o'clock he would have any amount of room to wear ship. When he got 15 fathoms of water he could not sec the land. The weather was hazy and the night daik. Pie picked up the Cape Wanbrow light shortly before 8 o'clock. It could be seen 15 miles away. He took a- bearing off the light, and he and the mate went below to do it. The light was bearing S.W. by S. g S. He would bo a mile and a-quarter off shore and two miles south of Waitaki When he was laying down the bearings on the chait the \essel struck. Just bcfoie that the boatswain called out " Bicakcrs ahead and on the lee bow!" Witress rushed up on deck, and he found the ship in the breakers. He ordered the wheel hard up, but it was too late, and the vessel struck. The wheel was nearly hard down previously. He did not know if the man at the wheel had said that the wheel was already hard up, as the boatswain said he gave the helm hard, uti just before witness got up on deck Attwood was at the wheel, and left it when the vessel struck. The breakers were heavy. There was a heavy sea on. The only reason that he could give that he should be so far away from wheie, according to his calculations, he should have been was that the cunent was strong. On going out on the eastward tack the same wind and current must have carried him more to leeward than he thought, so that when he said he went 18 miles on that tack it would not mean that he was 18 miles off the coast. "When they left Sydney they were drawing about 12ft aft and 10ft forward They had a lot of pig-iron ballast on board.

To Mr Newton • The distance between Banks Peninsula and the Waitaki River was from 90 to 103 miles. The ship was three days betweer the two points. He was off Banks Peninsula on the 21st. On that day the ship got 20 miles on her journey. On the 22nd the ship sailed four miles up to 4 o'clock The wind then came from the* northward, and he made 16 miles. The reason that he took three days between Banks Peninsula and the Waitaki JriTver was that/ he had head winds and calms. He only had a fair wind for gO hours, but the wind was only sufficiently stiong duiing four hours to send the vessel along foui or five knots. He was satisfied with the charts on board. Hs had two chait3 on board, but o.ily used one. The one he did not use could be pioduced. The one ho worked with "as burnt. It showed the soundings a good distance from the shore. Ho considered the chart safe to work with. He bsat through Cook Strait on a dark night with it. Witness was on deck all the time from 3 to 6 o'clock except when he was at his tea. In running to the east witness sailed as near to the wind as possible. He kept as near east as possible. There was no deviation in his compass. On running to the east the current would be on the starboard bow ; on coming back it would be abeam, and set the ship bodily to leeward. He hove the log every two hours. That was a standing order on the ship. There were two patent logs on board, but one was broken and the other out of repan. He used the oldfpshioned log. He did not have much experience of the east coast of New Zealand. He was quite prepared for the wind to shift from the S.S.E. to the S.W., though he believed that that -was a, most unusual occurrence on that coast The vessel stiuck about 20 minutes after the soundings were taken. He received no information from, ai.yone as to the contents of ceitam lockers. He understood that they dontained chinaware and table articles, but he never had the keys, and therefore could not say what they contained. He might have told Lloyds' surveyor that as they were locked he presumed they contained something. He did not complain to Captain Willis as to quality or quantity of the sails.

To Mr Hanlon : When he left Sydney she was well and properly manned, equipped, and provisioned — thoroughly seaworthy. He had what he deemed sufficient instruments and charts to navigate the vessel to her destination. He took her as fast as he could get along, by the nearest route to her destination. Wherever he was delayed it was due to calms or adverse weather. Any delay off Banks Peninsula was unavoidable. He could account ■for the accideut in ao othei way. than tha* the

inset carried the vessel further inshore than he reckoned.

Stewart Willis, suiveyoi for Lloyds', was the next witness. He stated that he armed at the .= cene of the wreck between 5 30 p.m. and 6 pm. Witness had considerable experience m matteis of this sort. He hpd com ersations on c'lffsicnt occasions with Captain Mumfoid during salving operations. The captain made a | statement as to the coudi^on of the sails, I whicn he said gave him trouble. He said that the sewing was penahsd and giving away, and that he was constantly repairing the sail*. He did not co-uplam as to then affecting the I steering. He stated that after tap first bad I weather the \cssel leaked more or le&s. The i captain said to witi ess that he was astonished that the lockers contained nothirg, when he , was informed that they had been opened and found to be empty. Witness examined the lockers, and found they wcie used for storage of hnon and table ivijiiiture. He had hcaid Captam Mumfoid's evidence, t vd he did not think th^ charts he- had were sufficient. He thought he should have had coast charts. Witness heaid Captain Mumford's evidence as to the bearing of the Oamaiu light lelatively to the bearing of tho va-cht, end he raaiked off the same on a duplicate of the chart in court. He did not consider it possible for the cur- ' rents to force the vessel into the position where she was found ashore, taking the courses- and the distances alleged to have been steered. Taking the master's statement as to the courses given by himself and to the position which the ship made and where he expected her to be, the distance between the spot he arrived at and where he should have been was over 10 miles. Without taking into conaideiation the lead used as ballast the vesse l would be worth about £5000. She was built m 1874. The inquiry was then pdjourned till 10 o'clock to-morrow morning. Thirteen other witnesses have been subpamaed. April 12. The inqniiy into the wreck of th« schooner Ariadne was continued at Oarnaru this morning before Major Keddell, S.M. , and Captain Palloson and Pilot Shand, assessors. Mr C.eagh appeared for the Collector of Customs, Mr Newton for the Underwriters, and Mr Hanlon tor the captain. Captain Willis, of Lyttolton ; Lloyd's surveyor, was also pieaont. Thoma3 Caradoc Kerry, examined by Mr Creagh, said he was the owner of the yacht Ariadne, and lived on board the yacht. He purchased the vessel from Lady Ingram. He declined to say the price he paid for it. She was practically gi\en to him; and as the w«o was not one with Lloyd's, he declined to state the price. He had pionnsed not to state the price. The amount ot money he paid for the ship was 2000gs, but it was moie a gift than p. purchase. He -valued he- at £20,000. If he got her off to-day he would give £20,000 for her. When he got the -vessel she was fully equipped, but he had spent a great deal of money on her. The ship was built in 1674. She was built of oak, teak, and white elm, and copperfastcned throughout. She was as pound when bhe went ashore as tho t'ay she was built. She was ev-en better, as she -was seasoned. If she had been built otherwise than she had she would have gone to pieces where she was now lying in an hour. The vessel was insin-ed at Lloyd's for £20,000, and half that risk he held himself. She was insured at London before the t vessel left — in April, he thought. She had' been previously insured. A manne insurance policy lasted 12 months. His last voyage m the ship was from Thursday Island to Sydney. He went to Thursday Island by a China boat, and picked up the yacht there. Tho yacht went to South Africa from England. She sailed from Durban to Thuisday Island by the , Arafuia Sea and Taimor. He waited at Port, Darwin for her, and came on to Sydney in her. She sailed first of all from Southampton to South Africa. Mr Creagh : Who went jn the vessel? Witness: If I knew I was to be asked all these questions I would have come prepared. I thought I was come to a marine inquiry — not a Lloyd's inquiry. Mr Creagh: Well, will you tell the court who went in the vessel? It will save time if you answer the questions. Witness- There were two of my friends on board. Guests of yours? — Yes. When you got to Sydney what was done i with the yacht? — The crew I had on board ! were discharged. They were not fit for the yacht. They were nearly all foreigners, but I shipped them because I could not get practical yachtsmen to go on a long voyage. Most of them live with their families at Home, and so would not come. I had to get deep-seamen, but deep-seamen cannot properly handle a yacht of that size. I discharged all of them at Sydney. I discharged the captain, too. He was a deep-seaman, and was frightened of her. Deep-seamen are no good on a yacht. Witness (continuing) : When the yacht was in Sydney he lived on board. He had her all it-raped and painted, pumice-seiaped, and all the running gear attended to. The yacht's sails were attended to and looked | after by the captain. No merchant vessel of that size carried as many sails as the yacht had. No yacht earned a second mainsail. She carried a mainsail and tiysail. It was not a l aoing mainsail as stated on tho pievious day, but a cruising mainsail. The captain who took the vps-el to Africa was a Royal Navy Reserve man. Mr Creagh: Ho was a Royal Na\y Reserve man?

Witness : Yes. I object to say anything about the captain I do not see it has anything to do with the matter. Hi 3 Worship : It can do him no harm to say he was a Royal Navy Reseive man Witness*: I would be ashamed to be a Navy Reserve man a«d handle the yacht in the way he did. He was a steamboat man. He was not a sailor.

Mr Creagh : Oh, well, I did not ask you about that, you see "Witness: He put *he yacht ashore at Thursday Island, and I dismissed him on that account.

Mr Creagh: You engaged some of the crew at Sydney, did you not? You engaged a man named Attwood? Witness : I spoke to him when I was getting on a tram at Sydney, and told him to see the captain.

Witness (continuing) : He told the captain to sail for Port Chalmers. He told him to go south about, but if the winds suited lie could go through Cook Strait. He left it to his discretion. His object to go to Port Chalmers was to go to the south port of New Zealand, which he proposed to visit. The vessel was not to refit at Port Chalmers, but to provision there He was advJsed in Sydney that the ship could be provisioned at Port Chalmers cheaper than in Sydney. The reason why he did not come over in the ship himself was because he had business in Sydney. About a week or fortnight after the yacht lelt Sydney he cabled to the captain to Dunedin to proceed to Auckland, put the vessel in the dry dock, and prepare to sail for England. He algq mite to the ca^lam. (The cable

was here produced) He also write to the captain, telling him what to do whon he got U> Auckland, iii t'>e way of alterations to the ship The letter was dated the 12th March There were none of the fuiirturo fittings taken out of the ve=sel at Sydney. He took five rifles and some revolvers out of the yacht at Sychrey to get cleaned. That was all. He kept nothing in the lockers at all. He had two Dresden china sets on board Whether they were still on board or not he couM not say. The former captain — Captain Willis — put the vessel on shore at Thursday Island, and he discharged the captain in Sydney. An expert diver, approved of by Uoyds' surveyor, examined the vessel's bottom at Sydney, and it was found thit she had not sustained a scratch.

The letter sent by witness to the captain was hern read an follows: — •

Si., — I enclose heiewith a draft for £25 I ha\o been disappointed in settling up my law case and find I cannot go down to Dunedin as jet. I was in hopes that it would be settled within a week from tho time I sent the ship away, m which case I should have been m Dunedin by this. On receipt of this letter send me a cable to box 1380, G.P.0., Sydney, upoii receipt of which I will cable you further instructions where to proceed to with the ship. All communications by letter or cable from me will be addressed to you at the G.P.0., Dunedin. While you are lvir.g in port keep the sail covers on the whole time, and give them a coat of soft white paint, but see that the sails are perfectly dry before storing and well secured roui;d the mast to prevent the water running mio the sails, and please see that the men have no nails or sprigs in their boots, as I noticed the clay you left here marks on the desk evidently made by some of them. When the ship arrives m Auckland I will put her in diy dock to get the grass off, as being clean she will make a better passage home, as I intend to send her to England by the end of next month. I would "varnish her bulwarks and sciape her topmast and lower-mast and give them a ccat of varnish and oil mixed, and put the two glasses in galley skylight. I will write you further by next mail or cable. With kind regards to the boys, and hoping you ha"c had a pleasant passage, — I am, yours faithfully, T. C. Kerry.

Witness w'ds examined by Mr Newton, who asked : You say that the yacht was practically Gfi v'en to you by Lady Ingram Is she related to you? — Witness: Am I to answer these personal questions? I do not see what bearing clisaerceable or rude questions have to do with the case.

Mr Newton: I am. afraid I'll have to ask you a good many dipagreeable questions before I am done. Was Lady Ingrain related to you ?— No.

Under what circumstances was the yacht made a present to you? — It was not made a nrespnt to me.

Well, let us be exact — practical!}^ given to you. You paid £2000 for it? — Two thousand guineas You said the ship had to be sold? — Well, she was to be sold.

Do you mean it was compulsory that she should be sold? — No. She was to be sold

So when you said ?he had to be sold, you did not moan it was necessary she should be sold? — She was to be sold; that is what I meant.

Was sha sold privately? — I bought her privately. Had she previously been offered to anyone else? — I never heard.

Had you been acquainted with Lady Ingram for many years? — -No

How long were you acquainted with her when she made a present of it to you? — She did not make a present of it to me.

Made a gift of it to you. We must bo exact. How long were you acquainted with her?- — I can't tell you. ThU is coming too strong. (To his Worshin) : Is an examination of this kind to be held by Lloyds's representative?

His Worship: I tliink you should answer the question. So far as I can see there is no reason why you should not. If the questions are disagreeable, I do not know why they should be. I do not think you need be sensitive about these questions

Witness : It I had a solicitor to represent me I would know whether to answer them or not

Mr Hanlon said he had a nght to objret, as acting for the epptain. The cantain might be mulcted in the costs of the pioceedings, and if the proceedings were prolonged by irrelevant evidence he would have to bear the extra expense.

Mr Newton said that what Ins Worship was doing vvaß holding an inquiry i-ito a marine casualty. Any evidence that would help his Worship in coming to a conclusion, should be admitted. It was suggested that tin* vessel was purposely put oa to the beach.

His Worship: You suggest tha f ? Mr Newton : I do not burk it I say it is suggested that the vessel was pmpo.-ely put ashore. His Worship said he could nuclei -ta'id Mr Hanlon's objection, and he would not like to take it upon him to say that the evidence should not be admitted at this inquiry, which was not like a preliminary inquiry before the collector of custom 5 . Witness said he was prepared to answer any reasonable questions about the -.hand ing, but he was not going to icply to rude questions His Worship : There have been no rude questions. You have no reason to be so sensitive.

Witness (continuing) : He could not f.iy how long" he was acquainted with Lady Ingram. It was not five years. He could not if it were four He could not givo the court any idea how a yacht valued at £20,000 was got for £2000. Lloyds at Home knew what he paid for it. He paid the £2000 at once. He consideied the auction a very rude one. He could not tell what f>3 spent on the vessel since he purchased hei — thousands of pounds. It he had been given notice that he was to bo questioned at a LloycW inquiry he would have been piepared to answer these questions. He never told the captain to relit at Dunedin. He simply told him to provision her. He could not; say what provisions theie -were on board, but theie were ample to biing her to New Zealand. She did not bring any passengers from Durban. She brought guests fiom Southampton to Sydney.

Mr Hanlon : This will show how she went ashore at the Waitaki, lam sure. Splendid. (Laughter.)

Witnesn : He took no furniture or anything of any value from the ship at Sydney At the time he was in Sydney, the ships could not get seamen. One of the men engaged got drunk, and he went away and did not come back. He noticed in the stieot oii3 of the crew named Attwood. He took him to be a sailor. He had a cut over hi-* eve, and looked like a blackguard, but lie told him to go to the captain He nevei spoke to sailors. Since he hod been in Oamaru ho had spoken to the mate. He dij not know his 'name. Some of. his friends

were amongst the crew. Plenty of gei^ -■?' men shipped on board a yacht. Witness nacl rover at a^y other time passed under another name. Mr Newton ; Had you ever at, any time been charged with a criminal offence ? Witness: What! No, certainly not. Mr Hanlon said these questions wero outrageous, and he would now object to the presence of Mr Newton altogether. A-s representative of Lloyds' he had no I>c .8 standi theio at all. Mr Newton said that that objection should have been taken at the commencement. The ra^e w i, w analogous to a coroner's inquiry into the origin of n fire A soL .to- r. ight appear on behalf of an insurance company. In any c?3e his friend was too late with hia objection. His Worshin, after argument, held that Mr Nei/tor> w^ entitled to appear. W ltne . Am I to answer questions which are impeitment and absolutely without foundatioi. — .o go into the history of my life, and "o forth? _ Mr Hanlon observed that Mr Newton was simply throwing mud in the hope that some of it would stick. Mr Newton: I am not throwing mud with the hope that some of it might stick. (To the witness) : You have lately brought an fiction r.gainst a perscai named Brett. Wherp did you bring that action? •Witness: Nowhere. H?ve you been the plaintiff in any action in -Aiutralui 1 ' — I hnd an action with a cliamoricl merchant in London. I have an action pending in Australia. V/ho wap the defendant' — I decline to go into details about th.it cato Who was the other party in the case? — H \ was a man named Hart What was the nature of the action 9—l9 — I dpchre to state. Wps, it an ?c'aon for money 9—l9 — I declire to a: -,wer the question. Will your Worship take a note that th* witnetj declines to answer the question as to what the nature of the case is pending at the prese.it time in which he was the plaintiff "' Mr Newton : Do you remember in 1893 beino; an ordinary seaman on the veEsel Lrchiel'' — Yes, but not as an ordinary seaman. The vessel was to leave me at Lepei Island and as it did not carry passengers I had to sign as a seaman. Were you not discharged there? — I was landed theie. I don't know what these disagreeable questions are being- asked for. Do you remember being in charge of a sc'iooner called the Harold? — In charge? Nn. Who was in charge? — The captain. Who was the owner 9 — A man named Aaher. T must decline to answer any further question-. You went on board the vessel and went to Noum ■- o ' — When ? In -May, 1893.— D0 you mean the first pcit? Oh. answer the question. — We did go to Noumea. Where did you land first? — It was not marked on the chart. Have you ever been to a place called Tarambo, about 65 miles west of Noumea": — Oh, I have been there often. Did you go to a place called Tarambo in 1893 from Noumea?— Yes. Were you supposed to be in charge ol that vessel 9 — No. Was that schooner sailed under your directions o—No,0 — No, under those of the captain. Was the name of the navigator Jas. Ai clier ,' — ~Y es. You knew him \ery well? — Yes. Y/ere you not in charge? — I was to taka cbaige at New Guinea. Were you not detained at Noumea by the French authorities? — The ship was detained. Till the arrival of H.M.S. Tauranga 9—9 — No, I stayed till the arrival of the Tauranga to make a complaint against the French Government. What was the nature of the complaint against the French Government? — I decline to say._ Mr Hanlon: We will soon get to the Wa.taki.—(Laughter.) Witness: If you will allow me to ?ay theie was a little vessel valued about £150 which was not insured, and which I did not n-hr., which went ashore. Mr Newton : Oh, you know what I sn driving at o—Yes,0 — Yes, I know. It is all very foolish. I will answer you any questions directly or inc'nectly about this v. reck and nothing n\-~e. Will you tell me where you went to in the Harold from Noumea—l decline to say. Were you on board the Harold when she wa" v recked'' — I was not on board. O\ Oie was wiecked 9 — She was wiecked when I was ashoFe, about 300 yards away. Wh' n you camo back from the vvrrck weie you not charged on arrival at Noumea by one A^her with stealing a bag of sovereigw? — No; Le charged everybody. And you amone;:t the number' — T'"ere» were no sovereigns on board. Was a search wan ant issued? — Oh. T decline to answer anything mere. It is :r.ost umca-onable — most unfair. This i-» not a mai.no inquiry, but an inquiry of Lloyds'. I will q;ive you an opportunity to decline tho questions. Wa-s not a search warrant 1-^mpcl ot Asher's instance and ycu were searched' — I decline to answer. Were there any maikcd so\ere>^n= found oa you which v. cie claimed by Ashor? — I decline to answer. Did the French authorities retain the marked sovereigns' — I delme to answer. You are asking me questions regarding which there is no foundation whatever Did you e/er at any time travel under il.o nnrnp of Captain M'Curry? — No. never Regarding t^e loss of the money, this man A-her. at the tune the ship was lost, wanted to evad° the payment of the crew I was on snother island altogether I was not there. I was away with Mr Alexander, seeking for a v essel. Asher was a Jew, and the money he said he lost he never possessed. He charged a missionary, two black women who did washing, s-omc of the cievv, and everybody all round. I don't know if he chained me Mr Newton: If Mr Kerry desires the inquiry to be adiournod to set professional assistance for himself, I will offer no obiection. If he thinks he is being taken by surprise, and not sufficiently piotected, he may be granted an adjournment Witness: I think it is leally too late But I must decline His Worship : Very well Mr Newton : Very well, Mr Kerry. Wei'd you searched '—Witness : Yes, I wai searched. I was voluntarily searched. Under a search vvairant 9—l9 — I don't know, anvthnig about a scan h warrant. You positively say that ' — I tell you T)

Bronchitis and stubbo-n Coughs yielij' quickly to the effects oi I L SSICUIt A. Tij) it.

know nothing of any search warrant. It was at my request that everybody should be searched." With that I handed the French authorities all the money I had, and it was handed back to me. Did they give it all back to you? Did they not retain certain marked coins?— They were all marked. They gave me them back, so far as I know. His Worship: Are you serious in saying that all your coins were .marked ?—>. o, they iwere not. You should aiot treat the questions so jocularly, then, if you assert you are so sensitive? . , , Witness: I had six sovereigns, and each ' of tliese had a small mark. I think they ■were all marked. They were gijento me ■by Asher in Noumea. I handed them to the police, and they were given back to " me - ■because I proved that they were given to me by Asher in the presence of a storekeeper and five of the crew. - Mr Newton: Will yon state positively that the French authorities gave you them - all back?— l believe so. I heard nothing more of it till to-day, and that is many ▼ears ago. Asher used to mark all bis * , money, and it went aU over the town ; .Did you ever gUp your name as iiord.'— No, never. . , „ Did you have anything to do with the N»w Guinea Exploring Company ?—W here was flic company? iQh, answer the question.— l have had^to do with -so many companies. I have had *" to do with thousands of companies. Do you know anything of the New Guinea , Exploring Company .(Limited) ?— I . can t tell you unless you tell me where it was— in England or Australia. Supposing it was in Melbourne?— l had - ~ something to do with it, but I don't remember now. Did you tell several, gentlemen, who formed a company in consequence of your statement, that you found gold m New r Guinea?— l was the first to find gold in ■" "Nevr Guinea. You will find it in scores of books. Did you produce any gold— a nugget — .which you alleged to have been fouad on the coast of New Guinea, and in consequence of that these gentlemen formed themselves into a company? — I decline to answer that question. Were you afterwards confronted with a jeweller's assistant who said he sold you it? — I don't remember it, because there's no foundation in it. You don't remember it because there's no foundation in it?— You aFe asking me disagreeable questions, which have no foundation whatever. Was not the company wound up in consequence of the statement of the jeweller's assistant that the gold you alleged you got in New Guinea he sold to you? — It was wound up by the orders of the Minister because they were wasting the public money. Did you not live in a place called Cre- , merne, in a teat? — I camped there, and enjoyed myself very much. 1_ How long were you there? — Five or six weeks. Where is Creinorne?— lt is in Sydney Harbour. Were any of. the-»persons on the Ariadne when she was wrecked living with you in ~thelA,fent? — None. On the depositions being read over witness -- said he wished to explain that he had an ' ~ action against one Brett, proprietor of the - Auckland Star, for £3500 damages for libel in Bis newspaper, which referred to the wreck of the Harold, and got a full apology from Asher' e> solicitor and cousin, which was duly published. He also got between £40 and £50 to defray hie expenses coming over frnm Sydney to institute proceedings. Mr Newton: What was the libel? Witness: He never mentioned my name. I may tell yon I am a well-known explorer Oh, do tell us what was the nature of the libel. — It was a reflection on myself and the crew that , The libel was that you wrecked the Harold «nd committed the theft? — No. You are putting it rather strongly. Any vessel would bave been wrecked at that fime and place ~ "~ Listen to me. I want you to tell me what the libel consisted of. — The article referred to the whole crew, and I thought it my duty to take action against Brett. The people who wrote it — Asher and his cousin. a solicitor — came to me and made a full Apology, and was put down on parchment and published in the New Zealand Herald Whot was the nature of the article? — I don't remember. "J His Worship said he did not know what / all this was about. He thought it was going to lead up to something. Mr Hanlon : I want to ask a question. bdt this is about the Ariadne. — (Laughter ) You heard Captain Willis say that the Uriadne was worth £5000 without the lead? Witness: Yes. He did. • Can you tell me the value of the lead? — J- have always been led to believe, and was -iold before I purchased the ship, that the 1 -Scad was worth £3500. The value you place on the chip is £20,000?— Yes. My last offer for the ship is £17,000. I have it in writing. I offered to sell her for £19,300. That was the lowest amount I would take. There is no builder an England that would build a ship like her at tho present day. and to build her as a sailer they could not do it, because they liave tried to build one from the same blocks, but they could not do =.o. Percy Attwood, an able teaman, baid he vas engaged by the owner of the Ariadne at Che foot of George street, Sydney. He fame up to witness and stood in front of i him. Witness said, "Well, what is it?" He said, " Oh, nothing." He turned round £■- " +CV-I 1 - " r^vi p~ + — -. Plirl W\ T\ on V. tfcfrXs 'M^ H~i, czhz*. Lio if ho were a »,„ s.i^^eo^ . .au \^<-. j.i.o i.^ked him n tie had his discharge?. Witness paid he had, And haaded him one. He said there was »either character nor ability marked on it. Witness said that it was not the custom to anark any character or ability on discharges in the case of "runners" — that was men engaged to take a ship from port to port. ffle said witness looked like a hard case Witness replied he was m^t as he was made. If ill were given him he returned ill. He .■aid he would take witness provided lip was willing to go in a yacht. He then enlarged j Da the yacht's fittings and so forth, and he arent with witness to the shipping office to Aign. Tlie captain was not there. Witness signed the article?. Ke never saw the cap- j -torn till he steppe-.! on board. He asked him if ho were ready to go on board. Witties* answered that he was ready at any time. He went on boird on Friday evening, and J she sailed on Monday, just before dinner. On arrival at Mr.e3acre Bay, New Zealand, they anchored. On anchoring all the sails but the mainsail, which wa a lr r t standing, were taken in. Witne^w went ah to the captain and tendered his 24- hour- notice. | He gave as a leason that the food they

were receiving on the vessel was rot fit to eat. It was improperly cooked. Captain Mumford said he could not take the notice, as he was neither in a port nor a toadstead He told the captain thr>t he had bolter hoist the police flag in the morning and gne him in charge, because he was ti r ed of being staned.

Mr Hanlon : Do you say this has got anything to do with the wreck?

Mr Creagh : It is loading up to something. Mr Hanlon: We were told that this morning, and that did not lead up to anything.

Sir Creagh : That is your opinion. His Worship : It is irrelevant, but I carnot say that I will reject it. I don't want to hear anything about the police flag. Mr Hanlon: I don't want to hear about uncooked food. His Worship: It need not be taken down. Witness (continuing) : On the night of the 12th, in Cook Strait, the mainsail was carried away, and no effort was made to rebend another substantial sail. A jib -was rebent. One night, off Wellington Heads, he looked up on deck. He did not go on deck. He crept up the companion-way, and found the vessel under the rocks, and the men trying to stay her. The ship was put about — she was wore, — the staysail sheet, it seems, got away from the men. He eoxild not say that of his own knowledge, but he saw the sheet was loose. The bosun was hurt by the sheet being loose. He could not cay if that was anyone's fault, but it was leading up to what he was going to say now, and that was the captain put his head down the companion-way and said, " You four men are sticking together, and are trying to run this ship. If you want any fun you can start as soon as you like." Taking the appearance of the man. ha appeared to be under liquor — a thing which often happened before. Witness had seen him in that condition two or three times before. A trysail was partly mended, rolled up, and put away. The effect of the ve-sel not having a mainsail was that she would not stay. and the wheel would have to be nearly hard down to keep her up to the wind. From the time the mainssil carriel away till arrival at Waitaki the only difference in the eails was that a larger jib was substituted, and therefore the ship had to be always wore instead of being stayed. One night in Cook Strait it was liie turn at the wheel, and he was sitting under the bulwarks. The wheel wa3 in the beckets, which, in nautical language, meant the wheel v,us lashed. The man he relieved told him to stand by the wheel. He relieved Mr Freake. There was a medium, steady wind. The wheel was the same on the night she struck to within five minutes of the time she struck. From Wellington Heads to Waitaki the wind wai unsteady. When off Banks Peninsula they ran under Banks Peninsula for shelter. It was dinner time when they got there, and they cruised back and forwards till 5 or 6 next morning. On this side of Banks Peninsula they were short of sails and provisions. They spoke a ship, but no assistance was allied, which , witness thought was very strange. The sails the Ariadne had a* that time were not 'Sufficient for safe navigation. In witness's opinion the passing ship should have been asked both for sails and provisions. The Ariadne was unmanageable with the canvas on her. Witness was on deck* at 4 o'clock on the 24th — the day of the accident. She was then heading off shore seven or eight miles from land. Witness remained on deck for two hours. After one bell (a quarter to 6) they wore ship. The wind was S S.E. The night was not extraordinarily dark. Witness took the wheel at 8 o'clock. The mas he relieved told him to stand by i the wheel. The wheel was then lashed — that was in beckets. The lamp in the binnacle was out, and *ie told the bosun. The bosun took the lamp away to re-light it. When he went away witness saw the breakers. That was eeven minutes after he came on deck. The binnae'e lamp was alight when he first came on deck, but went out. As soon as the be" sun came aft he reported the breakers. That was in a couple of minutes after. There was no one else there to report it to. The bosun said, " Put the helm hard up." That had the effect of making the vessel turn on her keel and head straight for the shove. The man on the look-out then came running aft and called out, " We are on the beach." The captain then came up, and said, "Put your helm hard up." Witness said, "The helm is hard up." At that moment she struck. His Worship : As the wheel was lashed, why did you not shout out down the com-panion-way thai breakers were ahead? Witness : Because I was reproved once before for leaving the wheel. It is the duty of the man on the look-out to report that. To Mr Newton : There was no difference between lashing the wheel and putting it in the beckets, only in the latter case it is more easily released. He was not a navigator, but he believed the vessel could have been sailed quicker than sho was after sighting New Zealand. He could mention no other circumstances about the wreck of the Ariadne except there was a lax discipline on board. To Mr Hanlon : Witness could sail a ship, but could not navigate astronomically. The ship did not have sufficient sails on her to enable her to be handled properly. She lost her mainsail. Witness was not to blame for that. When he was called he took eight minutes to get up on deck. When they hied to get the sail in the halliards worked so badly he was angry, and paid: "Let tLe thing go and he'll have to put in somewhere, and we'll get rid of her."— (Laughter.) The provisions were good, but the cooking was bad. He was vcrv glad to see the whole - — lot go. He would not deny it. Every r.ian lied hi 1 - chums, .iud Ims chum was li is wite 1 ! mate. His name wa? IvtchnitJc\ Witness was not smoking at the tlwe the mainsail went. Witness never smoked while ot the wheel. On the night the ship was off Wellington Heads he crept up the eomparion-wav because he was laid up and could not walk. No one else crept behind Him. "Witness was an American of Spanish English extraction. The other men referred to as his chums wptc Germans. He had beeu 2 1 years at se? — the greater part of the time at s^a. He had only one discharge with him. Some discharges were lost, others were at Home. Those on board did not know they were off the Waitaki River. He understood charts. The night was a trifle hazy, and they could just tell the direction of the coa°t. They could not tell how far they wore away. When he came on deck to take the wheVl it was in beckets. He had been on deck about seven minutes when he paw breakers. He did not know it was customary for the man at the wheel to report clanger. He considered it was the duty of the man at the look-out. He reported it to the bosun, who came along abotit two mfuutes after he saw the broakers. He did not call out, because he did not think they were so close to tho breakers. Ho thought the breakers were a quarter of a mile distnu'-. V'hrn h- 1 renewed to t' ? bo' un \\2 took the wheel out of the beckets, and he

put tno wheel h u ri up at the L.oV^ii .- cn^ lion 1 -. When siio bumped Le cud not leave th.? wheel till she wa* broad'-idc on. The bo'puu gave the order to clear the boat. Witness <?ot into the boat. He did not know who else Was m the boat. He could not tell how tho ship ran ashore, but would doubt that an inset current was the eau=e. He could i,ot account for the running ashore at all. He lad discussed the stranding of the vessel with thieo of his shipmates, but he bad not compared notes with them. They had made a few comments on the matter as late as that day. He had told them nothing of ->.hat was to be spoken in court that day. Off Banks Peninsula he had reminded his shipmates of the r treatment oft Wellington ile'pds. He denied having built up the yarn about shortage of saiK He got enough of food, such as it was ; but he got no custards. George Savage deposed that he was acting as mate on the Ariadne when she stranded. He joined as an A.8.. but acted as male on the voyage. He remembered being on duty on the 24-th of March. At 3 p m the mouth of the river was one mile and a-half to the southward He was not a navigator, and coidd not mark the position ot the boat on the chart. He remembered wearing the ship and tacking eastward at a rate of six knots an hour. The wind, as far as he remembered, was S.S.E. The effect of such a wind on the boat would be to drive her to leeward. About 6 p.m. be went down to see the chart with the captain. The weather was unsettled, and clouds were coming up from the S. W. It looked as if the wind would come from there. The captain showed him the position. They wore the ship after that They saw no land, but it was hazy to landward. He had the port watch. Wacksmuth was at the wheel Before they wore the shin the master said he expected the wind from the shore, and it would be better to get inshore into smooth water, so that they could then make a long tack to the southward. They threw the lead, and witness at first sang out 25 fathoms, and he then took it to the binnacle lamp and found it was only 15 fathome. That was the only time in the 6 to 8 p.m. watch that they hove the lead. Thoy had shaken the vessel up in the wind. They then went down \o the cabin to mark the position, and the nest thing he heard was the boatswain calling out, "Breakers ahead." That would be about half an hour after he ho^e the lead. It would take about 15 minutes to take the sounding, and lie could not say how long it would be before thoy went below. They could not go about, as they had too little canvas aft. Witness was m the chart-room with the cantain when the boat struck. A pailor named Herman Wind was in witness's v.atc-h. Witness had no conversation with him about the wilful loss of the vessel. To Mr Newton : He nei er «aw the ow ncr till he went aboard, and the only conversation he had was about his papers. He had no private conversation with the owner. When the vessel arrived in New Zealand waters they -made all necessary sail for their destination They had a fair wind, but it was all light, and all the strong winds were head wind= The yacht was capable of "10 on 12 knots per hour Between 3 and 4p.m. he could not say what was the compass course. Between 6 and 8 p.m.^ when he was on deck, the course was S W. i S. They hove the log about tho middle of the watch. The men on deck were Wind, Glen, and Wacksmuth After taking tho^ soundings and going down to the captain's cabin they came on deck, and sighted the Oamaru light, and then went down again after taking the bearing of the light. Tho captain tried to ascertain the position. In heaving the lead witness allowed for the way the vessel had on, and he believed that the soundings, 15 fathoms, were fairly correct. It was more than 20 minutes after that that the vessel went ashore. On such a night" as that they might have been able to see the light eight or nine miles off. He could not say whther the Ariadne was a vepsel which could go about with ease. After passing Cape Campbell he could not say whether sights were taken by the captain, but it was his watch below about the time that the sights would be taken. If sights were taken, they would be in the log He could not say whether the wheel was in beckets near the end of his dog-watch. It was not. in his opinion, dangerous to put the wheel in beckets when beating up to a lee shore It was a general thing when a bank of clouds was rising to expect wind from that quarter, and he could not say whether a change from the southeast to south-west was unusual. To Mr Hanlon : His memory was not very good that day. He had had some drinks that clay. The case was then adjourned till Saturday morning at 10 o'clock. April 13. The inquiry into the stranding of the Ariadne was continued at 10 a.m. this morning sit Oamaru, before Mai or Keddell, S.M., Captain Pallesoti, and Pilot Shand. Mr Creagh appeared for the collector of customs, Mr Newton for the underwriters, and Mr Hanlon for the captain. Captain Willis, Lloyd's sxirveyor, was also present. Hermann Wind said that he was engaged by Mr Kerry in Sydney to work as one of the crew of tbe yacht Ariadne. Witness belonged to the port wptch which was composed of the mate and thres men. Witness had a conversation witb the mate one morning when they were just about to enter Cook Strait. The mate said, "If the captain is going to put the vessel on shore I will try to get some money out of it." Witness paid to him, " Do you see land? " and tho mate ropl cd, "Ye«; it doesn t matter."' Witness said, " Well, we're close to it, anyhow. Have you been down to call the captain? " He said, "Yes, I bave been down twice to call him.' 1 He then went away. Witness was at the wheel during the tinre, and the captain did not come up during the time of his trick. "Witness could see the land. It might hay c been 20 miles avvay, or it might have been 10. It wa? the morning watch, from 4- to 8 a.m. The captain did not come up before 8. On another day, during the afternoon watch, from 12 to 4, witness had another conversation with the mate. He said, "If the captain is going to put the ship ashore, I'll try and get a few pounds out of him.'' Witness made no replj. . On both occa-ions the mate opened th^ conversation, and . ff aid no more. "Witness had never gadcJ Viitii him before. To Mr Crcagb : Mr Kerry met witness m the shipping ofKce, and npkeel him if he would join the yacht Ho did not say where the yacht vva.-> going. Witness had gone to the shipping office to join a Nova Scotian vessel. He agreed to go on the yacht. "Witness \\a> a Hollander. On the voyage across witness once had a row with the captain. He staited the row With witnca-. It was on the 7th Vj-t'i, u:-l, Icfoic e.tv.:.'n^ CtA Shait. The captain came forward and asked, him

v hat be bad against the sbip. Ho did not c^o into fie force sile, but called him r.p. I He spoke to l^m in front of tho crea — Glenn aiid Wrrpge When the cn2lU.nl spoke to him wituesf >:\:d, "Nothing ole-e than t'-e vessel is hungry, and we ca'i't get c- ough to 1 cat." Tbc (Return said, "THie's plenty or 1 biscuits; eat biscuits if you icel hun<ny. ' j Tho captain added, " You are not a man at I all. I'll fight you or pnybody else at any tinie." Ho tried to hit witnef, but witness went avvay. He tr eel to hit him with his hands. Ho said to him, "Go down and call the Yank up," meaning Alt wood. Witness , said he would not go, as it was Attwood's i watoh beloiv. Witness bad previously gone 1 with the mate to the captain and complained 1 of the cooking of the food. "When the nn.'o I spoke to him about the f-'up b o mg put a'-ltov !he was not propcily sober. He wa^ not sober on either occasion. To Mr Hanlon: Tie only comp'aint v/ilr.esr> had about the ship vTr.s tluit the food was not piopeily cooked Re lil.ed food he could eat. This made him i cry irritable and nasty all through the passage. "Witness did siot pay much attention to'wbat the mate was saying when he was drunk. He did not really think the ship would go ashore — that there was any more likelihood of her going 1 a«hore than the risk all vea?els ran. On both occasions when the mate spoke to witness about the ship going ashore he used the name words. Witness was not drawing on his i imagination when be said the mate spoke to j him twice about the captain putting ' the f-hip ashore. Wanness never said J c would try and get some money out of it. The captain never complained of witness not doing his work. When the mainsail was 1 blown away witness did not stand by smoking his pipe. He let go the throat halliard", and that was all he "could do. Someone would have to stand by the halliards. Witness did not hear Attwood say, " Let the j thing go." He might have said it, but witness did not hear it. Witness was friendly with Attwood aiid Keshir.tzki. He wag friendly with them all. He wa^ staying at the same place with Attwood and the other?, but they had not talked over rhe case. Witness had never told anyone what the mate said. He told Mr Cieagb, but no one else. He never told the collector of cuetoms. He "•imply told the collector of ■customs that he had something against tho ship. To Mr Newton: Attwood was not in hif watch. Witness did not think the yacht wa. pushed along as fast as she might have been after she sighted New Zeahmd. At the lequept of Mr Newton, His Worship asked witne^ if be ever asked the mate what would become of l'im (vvitncs-) if tho captain put 0->e p'^ip a-hore, and the witr.cis rephel that he l.acl never made that remark. Hermann Wacksmuth, a seaman, v. ho gave hie evidence thioue;h a Geinutn interpreter said that he was in the <-tarboard watch on tho yacht. On the niaiht oi the stranding witness was at tl.e wheel from 6 to 8 o'clock. At 6 p.m. he got orders to Fteei by the wind. He received his oidor? from the man he relieved. At 7 o'clock the captain told him to make tbc wheel fast in the beeket=. The course was then south-west by west, and occasionally south-west. The captain was en deck a.nd below on and off daring the evening At half-pist 7 the wheel was shifted two spokes m the beckets. Witness shitted ths wheel by the mate's- orders. The ship remained on the same course, south-west by west, rp till 8 o'clock. TVe right was not very dark. About 7 o'clock he could see the land, and a]*o the Oamaru light. He could see the land at 8 o'clock. It wa-. from a mile to a mile and a-half away. At 8 oVcck Attwood (who relieved witness), the bosun, Wind, and the mate were on deck. The captain was up and down all the time. When the s=hip struck wi*ncPf was belowpacking away Ins stuff. Wind came down below, and told him that the breakers were ahead and it was time to pack up- — (Laughter.) When witnes-. left the wheel he did not thin'c it was time then. It was about five or eight minutes after he went below that Wind came to him. He did not know if anyone was particularly on the look-out when witness was at the wheel, but Wind was forward. To Mr Newton : The binnacle was alight when he was at the wheel between 7 and 8. Before that he did not want the light. The wheel was shifted in the beckets because the sails wore slacking. They were put down two spokes to fill the sails more, and to bring the ship closer up to the wind. The sail« even then were occasionally shaking. They were shaking all the time he was at the wheel. They were rever steady. He had been seven years at sea, three of which he was in the naiy. Witness never heard anyone on board say anything about the -ipfsel being put nsbore. He never spoke much to those on board, as he did not know what they said. To Mr Hanlon : Witness had ordors to steer by the wind. From 6 to 7 he steered by the wind. From 7 to 8 the wheel was made fast, and he could not steer by the wind. The captain ordered it to be put in tho beckets. From half-past 7 till 8 o'clock he did nothing to the wheel. He was quite sure be could see the land at 7 o'clock. It was just getting dusk. He chd not report land at 8 o'clock, because the irate and captain were on deck, and they could sre. If witness saw it, they should be able to see it. It was not vciy dark. Frank Keshnitzki, ordinary seaman on the Ariadne, said on the night of the wreck he wae in the bosuns watch. He came on d c ek at 8 o'clock. He was on the look-out. He noticed that the green side-light v.a^ oul. He went to' the for^ca«tle to li^lit it, beine; awny foui or five miiute=. When be cpitip back *b.c lend was right ahead. The tails were full. The land wa- tvo mile.- cr "rr> mile and a-half avvay when he saw it first. He saw the land and the breaker? at the same time. He saw no one else on deck but the man at the wheel. When he saw ti>e breakers ho sang out to the man at t 1 c wl.eel. " Wp'rp a-'hoio." Tt »s« then too lato to do anything. The v c=sel ptruo 1 -. Tho bo'st'". at the time was avvav lightinc, the binnacle lamp. He saw the bosun five or six minutes after he saw the breakers. The captain came on deck singing out. '" What's the natter; what's the matter?" When she struck they lowered away the boat. Before that the c;ipta»n said, "Up with your holm." To Mr Xcv, Ion: 11 o )wd brcn ot sea 10 yeait-', ohieflv in Flupc. Wl-cn he came on dock he did not se - the certain or the mate. When witness came on deck tho wheel wo* in bookef«. Ai any rale i* was in bee^ots vvhen^he went -ft In loport breakers ahead. Witno.-* did not noti< o if the boeket* v.ere ca°i oft' oi rot Tho >-hip was trivellincr at tho r.xto of four or five knots. He never heard anybody at pintime saying that the yacht wv.s to bo put ashore. To Mr Hanlon. "WiiL.es-. had been much i.i foie iinJ aft '-'up Ti i \ Hioi w i oloudy, but not rough. There was half a

g;i!e of wind, .vk 1 . a heavy swtll. Tho w ero tilled all thp time. "Witnci-s was quite sure l'f> raw the 'and. He fciUV a chuk spot. It was not a cio.id oi haze. Ho ne\cr hrv.iJ the brcikcis. Witnr — vo\ev jrot u-ighU f.^ ' i ! ~.i '. " - v I1!I 1 !" 111 1 ■ ' '-r' ' J. \c'"ody wa* ii lglit cned. \\ Ii n .'o saw me '"uid i.c went to ihe man at tho -wheel and said, "Laud's a'-eac l ." He said, "Vc 5j yet." T!>e v. heelna.i was a bit excited. Wh.°n witness pu.^od the cabin he sang out, " We're ashore." Tuo captain and three young iren. came up. Witness went forward. When the ship strueV witness was on deck, but aftewards he and everyone else went b^low to che foiocw&tle and packed up. WheVi he sivv- the breakci- be did not call out. All li.iiuli wcic on deck, but wlien they t-a'v the In-oikc- it w.is too late. Witness was not (-lying when the vessel stiuek. "He was not \ery frightened. Glenn and Wragge. he thought, wcie the fir=t to go into the boat; but he was not suic. They were ashore vvi'on lio got asl ore. Wind, Wack^muth, Atlwood, ?nd him-elf were Ihmg m the sainf hoase. They ne\er spoke about 'the car-e together. H» knew Attwcod had a notebook, but lie d-d not know what wn- in it. Attwood no or read the contents of the book. He only wrote the truffi in the boo!: — who was drunk, and all that fort of thing — (Laughter.) He could not explain how he came to know this; but he could not read, and Attwood ne\er told him. He made a, mistake when be taid that Attwocd bad that in the book. He did not know what was in the bock. Thoy hpd been liimgtogether for three weeks, but never talked about the cp->e. When the vessel sm.ok he did not go below to pack up his things. Erie tTohn Hursey Frelcc said be was an ordlnpi-y peaman on board the Ariadne. Wa.- on tho look-out at 8 p.m. He belonged to the bo'.-uu'h watch. Attwood and the bo'bim came on deck, but Keshmtzki did •not como on deck. The latter was below talking to the cook. Witness wa<- quite sure he was not on deck between 8 o'clock and the time the \essel struck. Witness was on the look-out on the forecastle, but lie did not notice that one of the tide hghU was out. Witness behe\ed the myn on the look-out. Ke^hnitzki ought to have I Sv.ii on the lookout, but the captain told witnViS to go forward i«id keep a goodJooJ---out, as he could not trust ELeshnitzki W.tness kept a very k o o<-' look-out, but could bee nothing till after fix or seven mn>u*eb, when he ssw breakers ahead on the lee bow. They were very close, but he could net bee the land vWne«s had been, at bea for four year^- Wh^n he taw the t reakers he i- out' d out to the bosun and thtn ru'-he' l aft to pee if he bad heard, lie hen-el the bosun order *h" snsn a+ U:e wheel to put the wheel hard up Tmmedntely afteiwaidr. the ve^se 1 c tru< k Mr E>rry engaged v. itnef-j for the trip He wa- a friend of Mr Kerry. He bad known hun foi ab( ut a year Witness knew him cry well. Ho shipped as an ordinary >o:'man. so that he could come away m the ship. The captain gai c him no reason why he could not trust Kefehmtzki but witness knew that he was not competent. hs>d once to take his place at the wheel. To IMr New tea: During his four years* e\perienee he bid been a midshipman on the White Star liner Medic Ho did not Kave his di=cl arge from tho Medic. As a matter of fact, l>e ran avvay. He was on the Medic for about two years. He left her in Sydney. His Worship: Is this necessary? Mr Newton: I tMnk sc — his experience. His Worship: I don't want a lot of evidence tha*- leads up + o nothing. Witness (eo-itmmng) : Witness had also been on the training sbip Coi>way. He gained most of his experience on the Medic He first met Mr EL°rry in London, and met him again in Sydney He had sent no written communicate i to the owner since the wreck. He was not sfavm2; at the same hotel as the owner. He had not conversed much about the incidents w ith the captain and the o\\ner He asked the owner to let him go on the yacht. He did not tell Mr Kerry he ran away from the Medic He did not expert nor witend to ask for any wages. There was no raised forecastle, and lie took up his position a a look-out shaft the foremast. He was ordered to keep r good look-out. The proper stition for the lock-out was just forward of the foremast. It was impossible for anyone to remoi c the starboard side light without witnes* feeing li.m, and if anyone s.ad he did he would bo statin? a falsehood When witness saw the breakers first he could rot hear them Witness was ncn er stationed aj a regular look-out, but there. w r ere two oiher loot outs on the Med:c. Kestmitzki was not ordcied to leave the look-out, but witness was mere I;,'1 ;,' ordered to keep an additional look-out. When the captain gave witness the order he was in the chart-room. Witness wa-. :n his room, and the captain called out to him to keepa look-out. Witness, Wrasse, and WeVi slept aft. They messed w ith the officers. He had no particular reason to co-no to New Zeal&.nd He did not, know where the yacht was going when he asked for tbp iob. Ho considered it was a mTP net of friendship that Mr Kerry gave him the iob. If he had not been told to go on *ho look-out he wouM ha-ve taken his ordinary dutio3. He had to take his trick vt '■he whee 1 To Mr Hanlon: Witnes- wa a midshipman when he' met Mi- Kern". ITe was introduced to him by the Duke of Manchester. When the Ariadne left Sydney «he w;s properly equipped. Witness was m charge of the stores There w.i* any amo'iut of stores for a good two montb*. Th^-e v.is \ery little liquor on b^a-t I—a1 — a en c and three Hurl- 11 ' — rhrt wa--. 15 bjttle. of t,- ; n There Is.is ;;iiy fiiiiount o f food biii-plipci to the re cn — the best of food. The cook made a mess of some of the dishes He was not an expert. It was the same cook who tupphed the officers. The cfßecis and the mm's- food w.v- exaotly the s-ti.io. It c,im« out of the <-amo pot. The food wa<- cooked better than the food sul 'IT- generally got. The si'intwuis liquors were exhausted iour or t n o days before th" wreck occurred. Witness s-ei\ed out the liquor to the crew by tl-e order of the contain. At no time on tho voyage did witness ?eo any drunl:c-ine-s. except on oil? occasion, when a man known as Hip "Pr itclman " got a little too mi'ch. The captain was rever dnmk on the .-hip — noi the "l'srhtest bit The night of the w rock v, ;is tremendously diik nively a.n tiling co-ild be It wl.w 1 . . >'. \ cry ha - /V. but iL was pitch dark. Tt was not possible for anyone at 8 o'clock that nia;ht to «-fre the land From the time witness (ame on deck till 'he -mick tl.e sml« were full, and the >-hip wa* sailing from fiio to fiie arc! a h.-lf knot-. Wrrn s!,p ran .iphore VrtviOvirl v\P.s a' tho w'.pi-I Diicotlv mio bumped be loft tho wheel and wont to the bn.it. Ifo w.i- the first to «o to tho bo it *i|" I Wn^k-iriitb KV-hnitzki, and Wind "tie tho £rs& ;n u.e boat.

To Mr Newton: The look-out he relieved did not stay on the deck.

John Harding, boatswain on the Ariadne, said he was engaged at Sydney by the captain. He did not see the owner before he caw the captain. Witness had charge of the etarboard watch. Witness was on deck when the vessel came ashore. He went on deck at 8 o'clock. All his watch was on deck, or supposed to be, but he did not see Keshnitzki. If he had been on deck he would have been on the look-out. It was Attwood's wheel. The side lights- were bright, and their glare on the side boards indicated they were burning, but he did not notice particularly.— The vessel's course wa9 by the wind. That course was given by the chief

officer. The vessel at that time was heading south-west by south. The man was at the wheel, but he could not fay if it were in the beckets or not. It waa not supposed to be in the beckete, because he was steering in the wind. A man should not put the wheel in beckets unless ordered. Sometimes it was put in beckets because some of tho men could not steer at all. It waa easier to steer on the wind than before the wind. Before the mate left the deck at 8 o'clock he asked him what soundings he got, and he said 25 fathoms. He then went aft to look at the course. He noticed the binnacle lamp out, and he passed the lamp below to get it relit. It was his place to iook to the lamp. He did not leave the deck ; he passed the lamp below. When he came back Attwood reported breakers. Witness ordered his helm hard up to wear the ship. There was no after-sail on her, and even if she had she would not stay in that sea. She was sailing as close to the wind a 9 possible, and did not- have much way on. The sails were full. The sea was running heavy. The ship always answered her helm ■well. He saw the man putting the helm hard up. and he then went to call the captain. He did not ease the main sheet. He had no time. He wanted to go and take a cast of the lead and see what water they had. That was his duty. He had to cast the lead when breakers were reported. He did cast tho lead, and got a little over two fathoms of water. Before he had time to haul the lead in she struck. When witness raw the breakers, he could not see the land. Jt was too dark. Witness would not say that Keshnitzki did not remove the side light. He might have done so The ship could steer perfectly clo3e to the wind with the wheel in beckets. The ship carried a main trysail, fore trysail, fore staysail, and two jibs. The main trysail was a little more than half the size of the cruising mainsail. He was certain the mate told him that he had 25 fathoms when he asked him the soundings. The main trysail she had was not a proper main trysail, but a standing jib. It would not have the same pressure, as it was a lot smaller. In half a gale of wind a main trysail was the most important sail to keep the vessel's head well to the wind, if she could carry it. If it had been possible to ease off the main sheet the ship would have come round quicker, but there ■was no time. The main sheet was not touched at all. Witness never heard any statement on board about putting the yacht ashore.

To Mr Hanlon : The ship was fully manned ■with 12 hands. She was heavier manned with that tonnage than any ship he had been ;n. When she left Sydney the was fully equipped with sails and running gear. She was navigated with all possible speed to New Zealand. There was no unnecessary delay. '_'he mainsail could ha\e been saved if the men came on deck at the time, but they did 3>ot. When the men did come up they were knocking about, and did not put themselves about. Witness heard Attwoocl tell one of ■the men when they were called that there was plenty of time. There was good and sufficient tucker on board, but sometimes it was badly cooked. When they passed a ship called Sir Henry there was no necessity to hail her for assistance, either for canvas or provisions. The boat was carefully and skilfully navigated till the time of the wreck. It was a dark night when she ran ashore — so dark that one could see nothing at all. It was impossible to see the land. Nothing could be seen but the white foam of the breakers. From, the time he came on deck till the vessel struck the sails were full. The ropes were not too big for the blocks, but they were hemp and stiffer than manila, and would not run smooth. When he went aft and Attwood reported breakers, he did not see the wheel in beeket?. He did not see the Oamaru light. He only saw one man drunk, and that was one called " Scotty." He never saw the captain drunk or show any signs of excessive liquor. In witness's judgment, the captain vas a careful navigator. He did all in his power to take the vessel along. He pj; ent a good proportion of his time on deck. In rough weather he was mostiv on deck. To Mr Newton : He believed one cculd see the land better before the breakers were entered than after. To Mr Hattkm : When the ship got into fhe breakers he did all in his power to save the ship. He could do no more. Captain Mumford, re-called, gave evidence as to char+s produced. The chart produced was similar to the one he worked with. The chart and several other articles were burnt when she struck and the kerosene lamp fell over. It was not true that he had ever been drunk. If he were an intemperate man he would not possess the papers he djd. The liquor on board was u?ed up in Cook Strait — five or six clays before the accident occurred. The ca c e was then adjourned till 2 o'clock on Monday afternoon. April 15. The inouiry into the stranding of the yacht Ariadne was continued at Oamaru thio afternoon before Major Keddell, S.M.. Captain Palleson, and Pilot S^and. Mr Creagh appeared for the collector of customs, Mr Newton for the underwriters. The first witness called was John Mill=, who, in reply to Mr Newton, stated that he signed articles as a seaman on the Ariadne, but did not ioin. Ec was •with some seamen in a public house, and from what he heard he did not join. Mr Hanlon obiected to the witness statins; ■what anyone told h'm. The court did not ■want to hear public-house cackle. Mr Newton said that this was all the evidence he understood Mr Creagh had to call. He (Mr Newton) did not propose to call evidence, but he would ask his Worship to look at the log and see the pi ogress of the vessel from day to day, note the prevailing w«nd*, and That concluded the evidence for the collector of custom*. Mr Hanlon si=ked if his Worship would hear him now m- hear his evidence. His Worship paid that the 00=0 bp'"ore him ' •was an infonmtion in w'uoh the captnm was charged with careless navigation. In the conr»e of the ca-e there lu>d been very voluminous evidence, not or. that point, but rather tending to sho\\ that tLeire was a de-

sign on the part of the captain. The suspicion had arisen from remarks made by the crew, and so on, and he could not state that the evidence before him would warrant him in saying that there was anything of the kind. If Mr Hanlon was going to address him on that point, he need not trouble He did not think there was anything at all of that kind.

Mr Hanlon: I would like to make some comment on what I consider most disgraceful proceedings.

His Worship said that there was not sufficient evidence to warrant him in coming to the conclusion that there was design. There was no evidence of the kind at all.

Mr Hanlon said that if his Worship said there was no evidence— —

His Worship : I do say that there is no evidence of that.

Mr Hanlon : If your Worship says there is no evidence, I would only be wasting time in addressing you on the point. His Worship said that was so. Mr Hanlon then proceeded to call e\idence.

John Glenn, seaman on the Ariadne, gave evidence that he sailed with the vessel from Sydney. He had four years' experience on sailing ships. In his opinion, the Ariadne, when she left Sydney, was properly equipped for sea. The food he got was good and sufficient. He got what he signed for, and he had no complaint to make. The vessel was brought over from Sydney to New Zealand with all possible ppeed. On the night of the accident he was on duty from 6 to 8. During that time he was on deck. There was a stiff breeze of wind and a good jump of sea. The night was dark and hazy — sort of thick. From 6 to 8 they wero standing into land. Just before 8 o'clock witness could not see the land. During his watch the sails were full all the time. Witness did not know what course the ship was making. To Mr Newton: The binnacle laran v. as lighted about 7 o'clock. Prior to that" there was enough daylight to steer the ship by. They could not see the land at 7 o'clock. There was no fag, but there was a haze on the night in question.

Clement E. Wrairge said ho was on the articles of the Ariadne. He had been to sea in a sailing vessel on one occasion before this. He was a son of Clement Wratjge, meteorologist of New South Wale". He had been in charge of a meterological station for nearly three years for the New South Wales Government. When the Ariadne left Sydney she was properly equipped and manned. She was na\igated to Now Zealand with all speed. They had calms and head winds, but made all possible haste to New Zealand. He had never seen the captain under the influence of drink. So- far ac he had seen of him, he was a most temperate man. The food was of the very best.

His Worship : That is what they all say. It was the cooking only. The cooking of the food will go wrong on any ship. To his Worship : Witness kept his watches. He kept his hours with the other men. He wag on the port watch.

Witness (continuing) : On the night of the accident he was not on deck. At 6 o'clock they wore stays, and a course was headed for the land. The ship was 18 mile* away, and they could not see land. He was down below till the vessel struck. Ho then came on deck — a. bit; fast, too. It was one of the darket't nights he had seen for some time. He could not s>oe the land at oil. Ho thought the vessel was on some outlying reef. They could not see half a dozen yards ahead. He jumped overboard to Fnvim a>-hore, and he asked one of the other men how far they would have to swim. When he jumped overboard he struck tho shore almost immediately. When light came the ship was on a shingle beach.

To Mr Newton : Witness 1 had been on a sailing ship as a guest before. Witness, did not notice the Oamaru light when he camo on de<'k. He would be surpiised to hear that a harbour light ould bo. r>een 15 miles away on a night- rs dark as that.

Captain M'Lellan, adjuster of compasses, colonial pilot, and marine surveyor, said that ho had had a long experience on the New Zealind coast. From 1859 to 1861 he had traded in a sailing ship to Oam aru and Timaru. He had been 43 year 3on the New Zealand coast. He had been hundreds of times past the Waitaki River He found the currents on the coast of New Zealand very irregular. Tho currents on the coast wtre either rirong or weak, according to the strength of the winds. In ordinary moderate fair winds he allowed a knot for currenty between Cape Saunders to the Banks Peninsula, and all along the Eact Coast. He had found the currents as strong as three knots before a gale, with the tides rising from 18 inches to two feet above the ordinary. This he had ascertained from register tide gauges when acting for 13 years as harbourmaster at Lyttelton. The current off the Waitaki was an inset on all occasions, setting inshore to the northwest. He expected in the case of half a gale from the south-east and easterly sea there would bo an inshore current of from one to three knots. Witness would expect when a ship waa ging to the eastward, as the Ariadne did, rhe would make a leeway of two knots an hour. Ho had read the newspaper reports of the Ariadne' p tack to the eastward, and under the condition', lip thought the \essel would ha\ c tra\ellrd only four knots, ard not fhe. When the Ariadne completed her easterly tick ard they wore tho ship on a, shoreward com* a, witness would say that the ship wa" four miles further to leewaid tl an the captain thought he was When the captain =tartod to beat back, witness was of opinion that he was four miles npprer to the coa-t than he thought he wa«. In witness's experience th<=> wind did change off this const m bad weather from south-east to -outh-west. Where the Ariadne went a«hore was a part of the eoa^t where a caotain not well acquainted with the currentb might leadily set into trouble. It was one of the most dangerous parts of the New Zealand coast. Witness said he would like to add that there was nothing m the "" New Zealand Pilot " or on the charts to warn a navigator of the danger, and that he should keep off the coast. Witness had himself dufted 4 0 miles to tho north-west in a calm in 24- hours.

To Mr Newton On some coasts the nearer one got to tho coast the more one would get out of a current. If the ship ran to tho eastward, as described by tho captain, sho would at 6 o'clock be 21 miles from the coast. Hp could not say how she could have travelled 21 miles in 2 hours 10 minutes. The current and set of the s Pa would oau-e her to travel twice 8s fast on the shoreward journey. If witness took soundings and found 15 fathoms he would have charted the \es=el"^ position, and then stood off. The increased speed the vessel made in com in q; back to shoje wou'd be accounted for by the fact that she would have sea and currents with her.

To Mr Hanlon The Fifeshuo <jet ;dont was a good instance of what the currents worn oa the coast. If after taking soundings and

after having laid his position on the chart the vessel was six miles away, he would have stood in three miles further. In a .small vessel of the class of the Anadnc witness would always wear instead of staying. In a south-east gale the chances weie she would miss stays.

Robert Crouch, pilot at Oamaru, gave evidence. Ho stated that 20 miles off tho mouth of the Waitaki, with half a gale blowing from the south-east, the current would be from two to three knots. At a distance of four or five miles the current would not be running so fast, but would set in towards the bight more with a southerly wind and sea =uch as described. Many a good man would stand 111 to work the vessel in along the land. He himself would stand in under the circumstances related in connection with the wreck. Tho ship would go in much faster than she went out. She would go double the speed. If the ship were 16 miles off he would have stood in for an hour, but not for two. If he thought the 9hip wei'o only travelling five and a-half knots he would not think it imprudent to stand for two hours, providing she was 17 miles off shore when she started the inward course.

Stewart Wi'lia, Lloyd's surveyor, Lyttelton, said that he saw the captain of the vessel when he arrived. He got a document from the captain, which was to the effect that anything that had been done in the way of salvage would be for the benefit of all concerned. The document was put m.

Mr Hanlon then addressed the court. He contended that the court would have to be thoroughly satisfied that the captain of the Ariadne was guilty of culpable negligence before it would take the serious step of cancelling his certificate or censuring him. It might be found that he was guilty of an error of judgment, or e\en been imprudent, but he held that there was not a tittle of evidence to show that he had been wilfully neglectful, or ran unnecessary risk. The court had expert evidence that the coast was a particularly dangerous one, that therewere dangers that a mariner who was a shangei on the coast would not look for. There had been a good deal of mud thrown, and the court had admitted the evidence on the assurance of his learned friend that it would lead up to something. The allegations, however, fizzled out like an old rotten squib — (laughter^, — and the court had found that there was nothing 111. them He trusted if the court adjudged costs against the captain it would not make him pay a penny in so far as all this irrelevant e\ ldonce which they had been forced to listen to was concerned.

His Worship intimated that the court would deliver its decision at 2^ o'clock tomorrow afternoon.

A large number of people visit the wreck, which is now being guarded by the police. Salvage operations have been suspended. The vessel has a hole driven in her side, and has apparently broken her back.