THE PENGUIN DISASTER.

Pahiatua Herald, Volume XIV, Issue 3312, 4 May 1909, Page 5

THE PENGUIN DISASTER.

AN APPEAL CASE. Electric Telegraph—Press Association. Wellington, Alay 3. The appeal of Captain Naylor against the decision of the Nautical Court, which enquired into the wreck of the steamer Penguin, was heard in the Supreme Court this afternoon, before Ins Honour Air Justice Cooper, and Captains Grey and Lake (assessors). Mr A. L. Herdman appealed for the appellant, Air Alyers for the Marine Department, and Air P. Levi for the Union Company. It will be remembered that tlie Court in its judgment suspended Captain Naylor’s certificate for a period of twelve months. The grounds of tlie appeal were:— (1) That it was not proved that the casualty was due to or contributed to by negligence or wrongful act or default of the said Francis Edwin Naylor; (2) tliat it was not proved that under existing weather conditions at any time after 9 p.m. on Friday, February 12tli, 1909, shelter should have been sought or tlie vessel’s bead put out to sea instead of her course being continued to Wellington ; (3) that it was not proved that the said Francis Edwin Naylor under existing circumstances was guilty of a 'breach of article 16 of Articles for Preventing Collisions at Sea ; (4) that it was not proved that under circumstances shown by the evidence the said Francis Edwin Naylor should liave /a ken soundings; (5) that there was no evidence to indicate where the vessel struck, and in particular there was no evidence to indicate that the Penguin did not strike an uncharted rock or submerged wreckage; (6) that generally there was no evidence to warrant the Court suspending or interfering in any way with the master’s certificate.

At the outset it was arranged that the whole of the evidence taken before the Nautical Court should be read to the Court; after that Air Herdman would be given tlie right to call fresh evidence, and address the Bench. The Crown would call rebutting evidence, if it desired, and counsel could then address the Court, Air Herdman having the right to reply. Air D. G. A. Cooper, Registrar of the Court, then read the evidence, after which Captain F. L. Vickerman, master of the steamer Kennedy, called b>‘ Air Herdman. said he ban oiten seen wreckage floating in the Straits, and if the Penguin had come in contact with such and struck a good-sized spar, it might have caused sufficient damage to cause her to founder.

Alav 4. Captain Naylor, recalled, said when the Penguin struck she appeared to •trike on the starboard side with a gliding blow. She was a single-bot-tom iron vessel. 46 years old. A submerged spar might make a hole in her. After the vessel struck she went full speed for three or four minutes, slow for eleven or twelve minutes, then stopped. No breakers were heard or seen. It took rafts and boats 3 \ hours to reach the shore. He did not see Karori rock on the night of the wreck.

Cross-examined in the Penguin appeal case Captain Naylor admitted that a great deal of notice was not taken ot the registration of the log crossing the strait because ot the tides on the night of the wreck. The log was looked at at 5.9 and 9.30. He was now of opinion that wliatever the Penguin struck she came in contact with something three miles off Sinclair Head. He had altered his opinion as the result of bearing the oilier evidence. He .still considered there was a good tu.o that night, say four knots an hour. He admitted that the stronger the tide the stronger the probability of the vessel being taken out of her course. Re-examined, witness said if the vessel did strike Tom’s rock she had been taken out of her course by the phenomenal tide. It she struck with the starboard side on Tom’s rock it was almost certain be would have heard the breakers on shore.