NAUTICAL INQUIRY.

Poverty Bay Herald, Volume XXXIX, Issue 12817, 17 July 1912, Page 5

NAUTICAL INQUIRY.

STAR OK-OiANiADA'S STRANDING

FINDING OF THE COURT,

CAPTAIN HART EXONERATED

NO BLAME ATTACHABLE: TO ANY

BODY.

The finding of the Nautical Court of Enquiry into the stranding of the s.s. Star of Canada was delivered this after-; noon. The Court consisted of Mr W.i A. Barton, S.M., and Captains O. F.| Post and A D. Chrisp. *- | When the Court met, Mi- F. W. Nolan, representing the Collector of Customs (Mr T. Howie), said there was : a matter he thought ho should mention 1 before the Court delivered its judgment. That was that the starboard anchor had been actually found, -and it had been discovered that the anchor, instead of the flukes being hi the' bottom, was lying on its side. It was evident that this fftcfi would altogether account for the absence of vibrations when the ship was dragging. If the anchor had been m its normal position the dragging vibration that witnesses had referred to would luave been noticed.

Mr Barton : That will strengthen the finding that the Court has made.

The official finding was as follows

(1) "That the official number of the said ship, called the Star of Canada, is 129627, of which John Mann Hart is master, who holds a certificate of competency as extra master No. 014409, issued by the Board of Trade, and which ship belonged to the Star Line, Ltd., for which Robert Corry , of 9 and 11 Ffinchurch Avenue, London, .E.C., is managing owner.

(2) "That the loss or damage herein molo particularly mentioned happened on the 23rd day of June, 1912j at about 1T. 30 p.m., at Kaiti bench, Poverty Bay.

S(3) "That the loss or damage appears by. (he evidence to have been . caused by the said vessel, dragging her anchor.

(4); "That the nature of the loss or damage done was stranding.

"That the Star of Canada is schooner rigged. Her port of registry Belfast, .her registered tonnage 4623. That no lives were lost through the casualty.

"The Court having carefully inquired into the 'circumstances attending the above-mentioned casualty, finds, for the rfeasons stated m the annexed hereto, m answer to the questions submitted as follows : —

■ (1) "Was there misconduct, /m competency, drunkenness, neglect, or carelessness on the part of the master, officers, or crew?— No.

* (2) '"Was there neglect of putting the le"ad over the side to help to ascertain if the vessel was dragging, or of taking any precautions • — No.

(3] "Should the ship have put to sea earlier m the evening when the' weather became more violent?— -No, He was quite justified m lying where he was.

The report is signed by Mr W. A. Barton, JS.M., and", tiie!.' twa ;asßfcssors. Captains Post and Ghrispi Mr W. A. .Bartoiv S;M., submitted the following further report upon the inquiry : — ■

"That, the said ship was, on the 23rd June, 1212. anchored m Poverty Bay at tiic same anchorage which had .been used by Captain- Hart for the last nine years, and which. Captain Gumming told him at the tune the Star of Canada dropped her anchor on the 21st June, was the safest anchorage m Poverty Bay, and that he did not think a vessel could drag frdm it m any weather. Captain Hart says that on the date of the casualty there was, up to a few minutes, before- 11 o'clock that night, nothing to indicate that there was the slightest danger m remaining at anchor, and that he had frequently ridden at anchor safely at the same anchorage m much worse weather than he experienced up to il o'clock on the night of the 23rd June, and his evidence is borne out by other witnesses.

"If that is so, then it is obvious that something unusual must have happened to have caused the casualty. He further • states> and his evidence is cor* roboi'ated. by his chief and -third officers and other witnesses, that' at about ll o'clock on the night m question an exceedingly violent squall of the velocity of quite '60 miles an hour, and accompanied by^ blinding hail- aikd rain, came down; which ehrtt all the lights and landmarks m, and that it was eight minutes before it cleared m the slightest ; that soon afterwards, from indications observed, he '-came- to the conclusion that the : "vessel had parted from her anchor, and that she shortly after took the ground by No. 1 hatch. 'He says that there was nothing to indicate the approaching ; on the contrary, the baTrometei- and atmospheric conditions had been • (improving, and there had been no increase hi the sea.

"Captain Hart has b^een described by several --witnesses who are •competent to jud'ge'as a" most, careful, prudent, and cautious shipmaster. He states that he lias been 'at 'sea 34 years m the same employ, 20 years of which he lias occupied the- position of master, and that this is the first time he has "had anything m the nature of a casualty. "The 1 Court, having carefully considered the evidence, has come to the conclusion that when the . squall struck the vessel at about 11 o'clock, her / shear ' was broken, and slie was consequently driven ashore by the force of the wind and sea, and that the casualty was the result of pure accident and misadventure, which could not have been foreseen by the master of the vessel. All precautions were taken that a careful and prudent - shipmaster -Would have taken, and the captain was on dedk from b 1 o'clock) till the vessel struck. He was at all times keenly alive to his responsibilities, and had made, all preparations to leave the anchorage should tho weather become worse. That he was fully justified m remaining at l^is anchorage with the weather that prevailed up to 11 o'clock is fully borne out by the evidence of the harbormaster and other master mariners, who arc best qualified toy judge of ; his action. It was 'proved beyond all doubt that .steam was: ready when required, and the captain got his engines immediately' the order, ■was given. : "The Court is therefore of opinion that no blame is attachable , to Captain; Hart or any person. The Court is satisfied that everything has been placed as plainly as possible before it, and that there has been no suppression or concealment of truth by Captain; Hart or any of his 'officers who have given evidence, and they will all leave- the Court without the slightest stain on their professional reputation." ' "I may say," added his Worship m conclusion, "that m this report my assessors entirely agree." When his Worship had delivered . the finding of the Court, Mr Myers, on behalf of Captain Hart, remarked that jiis Worship had power to deal with the question of costs. He recognised, he added, that the Marine Department should hold such inquiries, and m this connection he did not blame anyone. He would not press the matter, but simply suggest to the Court that it had power to deal with costs. His Worship: I will not make any order as to costs.

The Court then closed, and Captain Hart was immediately surrounded by many friends eager to tender him their congratulations. '