NAUTICAL INQUIRY.

Southland Times, Issue 16687, 16 March 1911, Page 7

NAUTICAL INQUIRY.

3Z7TO SKI GET OP THE GABTBB MISHAP. OPENED YESTERDAY. The nautical inquiry into the circumstances of the stranding of the s.s. Knight of the Garter in Bluff Harbour on 17th February was commenced at the Courthouse at Bluff yesterday. The members of the Court of Inquiry u ere Mr G. Cruickshank. S.M., and Captains J. Bcllons and C. F. Sumlstrom, Nautical Assessors, Mr 11. R. Spence (Collector of Customs) conducted the inquiry on behalf of the Marine Department, -Mr A. C. Hanlon appeared on behalf of Captain I hints (of the Knight of the Garter). Mr W. Macalister for the Bluff Harbour Board, and Mr H. A. Macdonald for Captain N. McDonald (Harbour Master), and for Lloyds. A great deal of interest v. as taken in ■the proceedings by the people of Blurt, and the Courthouse was crowded during the day. Amongst others present at the Inquiry wore Messrs R. A, Aiulcisou (chairman). P. S. Brodio. and A. Bain of jthe Bluff Harbour Board. It was announced that evidence would be taken from Mr R H. Brodrick. Lloyds’ Agent: Captain Finnis, Messrs G. P. Hall (chief officer). W. C. Ross (third officer), and W. H. M. Borne (chief engineer), of the Knight of the Garter; and Captain McDonald (Chief Pilot). Messrs TV. Gifford (pilot). J. Walker (night watchman). .1. E. Fraser (boatman).-and G. R. George (secretary). of the staff of the Bluff Harbour Board. Mr Spence’s Address. Mr Spence opened proceedings for tbe ■Marine Department us follow's; —The casualty that forms the subject matter of this inquiry occurred about 7 a.m. on 17th February last, when the s.s. Knight of the Garter became stranded on the xocks on the port side of the entrance channel at Bluff Harbour. Tbe vessel left Wellington on Isth - February for Bluff, her cargo consisting of New Zealand produce laden at northern ports, . and she was to complete her loading here and rail thereafter direct for London. She arrived off Dog Island early (about four o’clock) on the morning of the 17th February. The weather was hazy and foggy, so much so that the signal station on Bluff Hill was obscured, and this latter condition obtained until after the accident. The fog at the sea level, however, lifted gradually, until about 5.30 a.m. it was comparatively clear there. The master of the vessel (Captain O. N. Finnis) was navigating her all this time and gradually drew her up to the outer harbour limits, that is, a threemile radius from Stirling Point. He took the usual and necessary precautions of sounding tho ship’s whistle from time to time and likewise kept the lead going. Captain Finnis had no personal knowledge of the harbour from any practical experience, as he had never been here before. Continuing his voyage up the harbour at a low rate of speed the vessel arrived at the first red buoy at entrance ridge, this being the first harbour mark, and passing this she arrived in due course off Stirling Point. All this time as required by regulations and law the ship’s signals and that for pilot •were flying, but to these there was no response whatever from Stirling Point, nor did the pilot come out t-> the vessel. The Port of Bluff is one where pilotage Is compulsory, and no master has any right to bring his vessel into the harbour •unless under guidance of the 'proper pilot or unless the master is the holder of an exemption certificate. This latter Is obtained only after examination by tho local Harbourmaster. Tho “N. Z. Pilot” instructs masters to" signal Stirling Point for a pilot when the Bluff Hill station is obscured, and further that a boat is kept at Stirling Point for use in cases of emergency, but those on the Knight of the Garter saw no signs of any life at the s‘ tion as she came abreast of it. The whole of the ordinary pilot service is now dome from the tug. the old pilot station at Stirling Point * .having been abolished, in 1904. The fog had lifted completely from the sea when the vessel was at the red buoy first mentioned, and from then on the master could distinguish all the harbour buoys and beacons. On arrival then at Stirling Point with tho tide at nearly three hours ebb the position in the continue 1 absence of thft pilot became serious. There were tlirr o alternatives presented to the master to adopt:—(l) To go back to outer limits.. (2) to anchor whore he was. CD to gfi on up the entrance channel of the harbour. He chose the last, and the result was that about the midchannel rod; the strong obi) tidal stream, which runs at about.6 or 7 knots, caught the bow of tho vessel and swung her round broadside on to the tide, and site was carried on to the rocks on the port side of the channel about 7 a.m.. She remained there hard and fast until the rising of the next tide. It was not till after S a.m. that the vessel was first boarded by the pilot, and even then nothing seems to have been done except that -he left the vessel, stating his intention to return at 1 p.m. In the meantime, however, about 12.30 p.m.. the master with the aid of his engines and the rising tide got his vessel off. and was therc*fter fortunate enough to bring her up to an anchorage in the north channel. ( pot however without sustaining still more serious damage to her hull. The pilot boarded her some short while after she had anchored, and the vessel was brought up to the wharf, •ml moored by the pilot, assisted with the tug. An examination of th.c vessel showed that she was making water at No. 1 deep tank, but not more than could he coped with by the ship’s pumps. A diver was sent down to examine the ship’s bottom, and be discovered serious damage. [ might lake this opportunity of slating my appreciation of Diver Campbell's services, as his report was afterwards very fully borne out by the subsequent examination of the ship ’a dock at Port Chalmers. I had the vessel surveyed for seaworthiness, and upon that report allowed the vessel to clear for Port Chalmers. if accompanied by the tug. The voyage to that port was accomplished in safety, and the vessel having now discharged all her cargo is about to go into dock there to undergo repairs. On ISth February I Held a preliminary inquiry into the accident, and sent on the evidence, there taken, for consideration of the Minister of Marine, and in consequence he has ordered tho .Magisterial Investigation now being conducted in accordance with the provisions of the “S. and S. Act. 1908." In so ordering we may rightly assume that he does so in the general interests of shipping and of those concerned. The damage sustained by the vessel is material, and it will cost some £13,000. as I understand, to render her thoroughly seaworthy. The interests of the Bluff Harbour are very materially affected for if it goes abroad that the port is unsafe to navigate, or that the pilot or signal service of the Board Is either not sufficient or inefficient it would do lasting damage to the port, and possibly affect its shipping trade for all time. It is. therefore, with a view of clearing up all these matters that the present proceedings tire being carried on, and if any blame or censure has been Incurred that such sliouM he placed upon the proper person or persons. The evidence to be tendered will. I think, on the whole be found free of those nautical technicalities that so often go to puzzle the laymen engaged in these shipping enquiries, whilst on material points there is but little conflict of witnesses' evidence. I have reduced to nine the questions I wish the Court to co-.sidcr. but of course reserve my right to amend, add to, or withdraw any of them, ii accordance with Shipping Casualties Rules, 1006. The questions are as follows; (1) 'Whether the master, Charles Norwood Finnis, .as guilty of gligenco in tho navigation of the said vessel when ho attempted to enter the Biuff Harbour on strong ebb tide without a pilot, seeing that pile .age is compulsory at that jiort ? (2) Should the said master, on arrival at outer harbour limits, say. red buoy off entrance ridge, have there awaited the arrival of the pilot by anchoring his vessel or otherwise ? (3) In the absence of the pilot was the said master justified (a) in coming on past such outer limits as far as Stirling Point; (b) and in the continued absence of the pilot, in continuing his voyage up Use entrance channel, when e knew there was a strong ebb current to contend with in a narrow channel ? (4) Did the master exercise due cure In navigation when lie omitted to egry out the directions in N. Z. Pilot 1908 edition, p. 273. viz. : —“lt Is customary to take vessels of heavy draught in only at the .top of high water, thus

obviating the danger due to the strong tidal streams.” (See p. 272.) ‘ Vessels missing the tiff- for entering the harbour should anchor outside to the S.E. of red buoy off the S.W. extreme of entrance ridge.” (5) Was tho said master justified in the attempt to get his vessel off on 11 10 rise of tide without first signalling for pilot or signalling his intention to so proceed 7 (6) kVas the casualty caused directly or indirectly by the failure of the Bluff Harbour Board to provide a pilot when the vessel came up to the harbour limits ? (7) Were tho services rendered by the BiulL\Harbour Board pilot staff to tlie said master in this case sufficient and reasonable seeing thajt the master was a stranger to tho port ? (S) Was the signal service of the Bluff Harbour Board efficient to cope with the peculiar circumstances of the case wherein (a) tho signal station on Bluff Hill was obscured by fog. (b) Tho master had brought his vessel up to Stirling Point (sec N. Z. Pilot, p. 271, and Nautical Almanac 19H, p. 271) ? (9) Was tho Harbourmaster and Chief Pilot negligent in the performance of his duties when after boarding the stranded vessel ho left her unattended either by pilot or tag. and took no steps to secure the vessel against further injury ? Due notice of investigation lias, in accordance with law and rules, been served upon Captain Finnis, upon the Harbourmaster. and upon tho Cnairman of Bluff Harbour Board. Upon those questions I ask tho Court to make Us finding as to the cause of the accident, and to apportion the blame or censure (If any) upon the proper person or persons. I put in for the information of the Court a copy eacli of N. Z. Pilot (1908 edition), N. Z. Nautical Almanac, 1911, Admiralty Charts No. 3484 and 2540, and also some photographs of the vessel aground and in dock. The crew of the vessel consists of Chinese, and none of them has been c ed as their evidence did not appear to he necessary. Mr Spence then called evidence as follows; — Lloyds’ Agent. Radford Henry Brodrick, Agent for Lloyds', said that lie had cabled Home at the request of Mr Spence for the amount of insurance on the ship “Knight of the Garter,” and had received tlie following reply : “Knight of the Garter” Holland machinery ; valued £63,000 ; Insured in London, £51,600. — Lloyds. Witness had also received a specification of the repairs from Dunedin. There was a tender let for repairs to the amount of £13,125, including dock charges. The Chief Officer. George Pattei'son Hall, chief officer of the “Knight of tho Garter,” said that he held a certificate of competency as Master from the Board of Trade. Pie came on duty at 4 a.m. on 17th February. The vessel was then 4 or 5 miles to the south east of Dog Island. He could not see the island then. They were steering by the Captain’s orders (hen to pick up Dog Island, and were going at half-speed when witness relieved the bridge. They picked up Dog Island somewhere about half-past four, and put the vessel full speed. When they had Dog Island abeam witness was ordered forward. He took charge of the fo’castle head. The weather was clear to the east and thick to the west ; the sea was calm and there was no wind. He could not see the signal station on Biuff Hill, which was obscured by a thick bank of fog, though clear underneath. They picked up the land soon after, and saw the first red buoy. Did not know what time that was. Reported the second buoy and something like a light-house. Tbe fog was gradually clearing. The ship’s whistle was going continually, first for fog and then for a pilot. The Jack was up at the fore. Did not notice any tide till they got close up to the light-house. Saw no one about the lighthouse as they came up to it, and saw no reply to their signals, though witness was keeping a particular look-out for both signals and a pilot. Pie expected a pilot to come off from about Stirling Point, and bad a man standing by the pilot rope to receive 11 1 c pilot boat, and a man standing by the ladder to receive the pilot. They expected the pilot there because, they were entering a harbour. Witness did not read in’ any pilot book that there was a pilot at Stirling Point. The Captain told him to have a pilot ladder ready. Between the two points they got into "the channel proper. As far as witness knew they were steering for the beacons, but lie could not say what the course was as lie was not on the bridge. After leaving the middle course they got the light-ship in a line with the buoys. Pic noticed the ship taking a slight’ sheer at the head to port, and the Captain said, “Stand by your anchors,” and she sheered heavily then, and was aground immediately. This sheer brought her practically broadside on to lite current. She came astern with the current while broadside on. When the vessel took the heavy sheer witness did not notice any tiling that caused that sheer. The captain tried all means of getting her off with li is engines, but the tide was too strong on the starboard side. They did not let go the anchors. Witness sounded the bilges fore and aft, and found tho vessel all dry. Later on he sounded her, and found her making water at No. 1 deep tank at 9 o’clock. This tank was situated beside the bridge. The vessel settled down gradually to starboard as the tide went out. She grounded about 7 a.m.. and the pilot came off about 8 o'clock. Witness received him. The pilot made no remark to witness. He stayed about ten minutes, witness thought. Witness would expect a pilot to stand by a ship in such circumstances. At ports where pilotage was compulsory, the pilot was always there waiting for the vessel, and witness would expect a pilot to be there whether lie was signalled for or not. The captain was in charge of the vessel from tho time witness came on deck at 4 a.m. Shortly after noon witness was ordered by the captain to “Stand by" in case she floated off witli the flood tide. The caplain said he was going to try to get her off. There were no signals made for the pilot or the tug to come out and assist getting her off. ’Witness sent nil hands to station. Shortly afterwards the vessel moved a little and then came off. The engines were working all this time. The vessel then steamed up to an anchorage outside the red buoy off tho wharf. There was no pilot on board. Witness could feel the ship vibrating heavily to the strain on the cable hut could not fer-1 any bump. When they anchored witness let go the starboard anchor by order of the captain. The vessel then swung round to her port quarter. There was a 75 fathom cable out. In swinging to that anchor she came round very swiftly. That was caused by the flood tide. The two bow anchors wore hanging out. and there was 150 fathoms of cable on each anchor. As soon as the ship was round the pilot came off. and the vessel was brought up to the wharf with the aid of the pilot and tile tug. H was unsafe to anchor at Stirling Point. It was not what witness would call a safe anchorage. It was not impracticable to let both anchors go there and keep her up to them, but it would be very unwise. 'Witness saw the vessel in dock at Port Chalmers. The rudder was bent to starboard. By Mr Macdonald ; Witness bad never been to Bluff Harbour before, and didn’t know the anchorages. There was nothing to prevent them anchoring off the outer red buoy except the fact of losing time. By Mr Macalister : Witness inferred nothing from the fact that pilotage was compulsory. Mr Macalister ; Would you, knowing that the tide had been missed, and that there were certain dangers present in coming into port, under these conditions and especially without any knowledge i of the Port, 'have come in notwithstanding ? Witness : I decline to answer this question. Referring to page 273 of “The New Zealand Pilot,” witness said if lie had missed the tide lie should have followed tho instructions there, had lie been master of the vessel. By Mr Hanlon : The "Knight of the G-urter" was a full-powered vessel. Fully laden she drew down t022744 ft.6 —744 ft. On tho morning of the 17th February her draft was 15-11 forward, and 22-8 aft. That was a moderate draft for tills ship. Knowing that his vessel was a fullpowered vessel of moderate draught, ho would have no hesitation in entering the harbour if the pilot did not answer tho signals. At 20 minutes to six a.m. the Jack at the fore was hoisted for the pilot, together with the ship’s numbers. At that time he could see tho coast-line and Stirling Point. The ship was coming slowly on towards the entrance of the Harbour. Looking with the naked eye he could see the buoys and what he

took to be a light-house on the point. Before they got to the red buoy anybody dt Stirling Point could have seen their pilot flag. The pilot coming on board after the ship was aground was the first answer they got to their flag. Any communication made from a ship was usually answered at once from some signal statign on shore. On that morning witness considered it was prudent to come on slowly towards Stirling Point in the hope of picking up a pilot. Re-examined by Mr Spence : There was no reason why they should not anchor at the red buoy. Witness had been to ports where pilots were paid by the local authority, and were licensed by local authority, and pilots were always in attendance. The nominal horsepower of their engines is 554. He did not know the indicated horse-power. He claimed that their ship was a fullpowered vessel notwithstanding that some vessels were from 1500 to 2000 horse-power. The Third Officer. William Chester ‘Ross, third officer on the “Knight of the Garter,” said that he held a master’s certificate of competency from the Board of Trade. On 17th Feb. he came on duty about 5.35 a.m. The vessel was then inside Dog Island. The weather was thick, the sea calm, .and there was a light variable wind. Could not see the signal station on the top of Bluff Hill on account of fog. Did not see it at all until after the accident had happened. Heard the ship’s whistle going before and after coming on deck. Was on the bridge attending to the telegraph. Witness kept the rough log. The lead was going when he came on deck, and was continued right up till the vessel struck. Had no record of the casts. The ship’s signals and the .Tack were hoisted at 5.40 a.m. About six the fog lifted from the sea, and witness could see the red buoy and the bottom of the light-house. In the meantime the vessel was coming up to the first red buoy, which was passed at 6.22. The engines stopped at the red buoy for a few moments. After passing the red buoy the vessel was coming on under easy steam. Passed the Stirling Point buoy (the black buoy) at G. 36 (apparent time). There was no signs of life nor were any signals made from Stirling Point. The pilot had not boarded the vessel up to that time : witness was keeping a lookout for him. Up to Stirling Point the vessel was steering on the beacons. Past Stirling Point the course was altered on to the two white beacons, and the vessel stopped off Stirling Point for a pilot. She was stationary for more than two minutes. She blew the whistle after passing the red buoy. When the other beacons came in line they altered the course again. Could not say whether the vessel was steering a good course on the beacons all the time. Did not see her off the course at any time. First noticed a run in the tide off the rod buoy. The tide increased further up the channel. The first thing witness noticed before the accident happened was that the vessel gave a sheer. Were steering for the beacons, and the lightship. and the ship took a sheer to port. The helm was put hard-a-port and the engines full speed ahead. She failed to recover and that was when she struck. The tide "caught her on the starboard bow, and she struck. At 6.58 she took the ground heavily. Did not feel the vessel strike anything before she took a sheer. In his opinion the strength of the current was the cause of the sheer. When she struck the captain endeavoured to get her off with the aid of the engines, but was unsuccessful. The pilot came off about S o’clock (the captain being then on the bridge) and came up on the bridge. The master spoke to the pilot, but witness couldn’t remember now what he said. The pilot stayed about ten minutes. Did not remember the pilot saying anything as he was going away. After the pilot went witness took soundings round the ship. Found the vessel was aground midships, and on the port quarter. There was water under her forrard. She was touching on the port quarter. Witness produced a note of the soundings taken from 10.30 to 10.55 a.m. When the pilot boarded the pilot flag was taken down. A little before noon witness got an order from the captain to hoist the pilot flag. The flag was hoisted a little before noon, but (here was no response made to the signal. The next order was to “Ring stand by.” At 12.23 the order was ' given “Full astern.” At 12.29 the vessel was clear of the rock. When the vessel came off she came off stern first, with her head up channel. After coming off she steamed up to the anchorage off the wharf. When she came up to the red buoy the starboard anchor was let go. The engines were stopped when the anchor was let go, and the vessel came round quickly with the current. When she swung round witness did not feel her hit anything. From his position, had she struck the bank heavily. he would have felt it. The pilot came on board at 12.50, hove up the anchor, and took the ship in to the wharf. By the Court: —In taking the sounding he did not notice anything wrong with the stern post. He could not see the 17-foot mark. By Mr Macalister: —He was absolutely certain that the pilot jack was hoisted at about 12 o’clock. Soon after the pilot left the ship, or perhaps while he was on bpard, they received an order to have her ready for another trial about noon. About noon they received the order to “Stand by.” Witness couldn’t say when they stopped whistling. He couldn’t say if they whistled after passing Stirling Point. By Mr Macdonald: —It was a general rule to haul down the pilot flag when the pilot came on board, and it was witness’s duty to have this done, and it was done’ ho supposed, the second time it was hoisted. It is not always a duty to log the putting up of the pilot flag. Witness logged it in the first case but not in the second. All the entries in the log were made on the bridge at the times they are entered as bei; g made. It was his duty to keep a tally of all changes of speed, but not necessarily to log them. For whatever speed was rung from the bridge there was a corresponding indicator in the engineroom. By Mr Hanlon: —The pilot flag should have been seen from Stirling Point about five minutes to six. The ship was going slowly towards Stirling Point. Witness expected to see a pilot come aboard. He did expect to get an acknowledgment of the pilot signal they were flying, but couldn’t see any signal station. He certainly thought it was a prudent thing to come on towards Stirling Point in the hope of meeting the pilot. He had travelled a great deal to other parts of the world where there were pilot stations. Except in two or three places on the coast of South America, it was usual for the pilot to come off to the ship when she arrived off the pilot station. When it was impossible for the pilot to go off for any reason it was usual to signal to the ship from the shore. Witness had never known, in any British port, of a vessel being allowed to fly a pilot flag for over an hour, without receiving any acknowledgment. Kc-exarnined by Mr Spence:—He expected that a pilot would come off at Stirling Point because the captain rejid out to him from the “New Zealand Pilot" that a pilot would came out from that point. By the Court: —When he said that the ship was steering by the beacons and the lightships. Tie understood that the lightship was one of the leading marks for the third course. The Chief Engineer. William Hardy Moncrieff Rome, chief engineer on the Knight of the Garter, said that he held a certificate of competency as a first-class engineer from the Board of Trade, He came on duty about 3.00 a.m. on the 17th February last. He kept an engine-room log book, which lie produced. At 3.35 the engines were going at half-speed. The whistle was going both before and after ho came on duty. While the vessel was between Dog Island and the main land witness came on deck. He could see the land. The second engineer was in charge at Stirling Point. Ho noticed the ship’s head fall off, and he went below. He did not notice the ship bump before she look the sheer. As he wont below lie felt the vessel bump and grate. About that time various speeds were given. Ho judged from the orders given that the captain was manoeuvring his vessel. At 7.10 the engines were stopped. About 8 o’clock witness got orders to keep her handy for about noon. The third officer brought the orders from the captain. At 12.20 the engines went full astern. At 12.26 she struck her propeller very hard and brought the engines up standing. At the time the propellor struck witness felt the .ship bump. He did not do anything to the ballast tanks before noon, nor did he do anytlnng to them {hat day till the vessel was anchored. He should say it was a side blow which stopped the propeller. and that something had got across the propellor. He would say that the bump that he felt was the cause of the rudder post being carried away. He

could not say if the propellor blades were bent through the damage to the rudder post. He thought they were damaged through striking stones. Had she struck a rock, it would have carried away the rudder before damaging the propellor. The rudder was not carried away: It bung by tho two top pintles, but was badly bent to starboard. By Mr Macalister:—There was a stop at 6.28, and there was no stop between that and 6.46, according to the original book of entry. By Mr Spence: —They were all using the same time on the ship. By Mr Macdonald; —Witness was on deck from 5.5 till just before tho vessel took the sheer. He could not say when she was whistling or how long she was whistling. By Mr Hanlon: —He knew that she was whistling off and on for two hours after lie came on duty. Charles Norwood Finnis, master of the “Knight of the Garter,” said that lie hold a master’s certificate of competency from the Board of Trade. He left Wellington on 15th February for Bluff. On the 17th picked up Dog Island early in tho morning. He was in charge of the vessel then, and continued in charge until after the accident. When they rounded Dog Island it was clear to the cast, hazy to the west; the sea was calm, and there was no wind. At 4.40 lie stopped and took a cast with the lead and got 14 fathoms. He could not see the signal station on Bluff Hill, as it was obscured by the fog. He did not see the signal station until after the accident. He was blowing the whistle, and kept it blowing. It was going both as a fog signal, and to attract the attention of a pilot. At 5.40 he could see tlie buoys outside Stirling Point, the lighthouse on Stirling Point, and the beacons inside. At 5.40 he hoisted his ship’s signals and the pilot flag. At 6.22 lie passed the first red buoy, and stopped to take the way off, as she was going too fast. He expected to pick a pilot up outside there. He could not feel the tide affecting the ship there. He felt the tide slightly between the red buoy and Stirling Point. The pilot had not boarded by that time. The captain did not anchor off the red buoy because, having read the directions in tho New Zealand Pilot, he expected a pilot to board either from the tug or from Stirling Point. At 6.36 they came abreast of Stirling Point. The time he kept was the apparent time. The difference between apparent time and New Zealand mean time would be from ten to fifteen minutes. He got no response whatever from Stirling Point to his signals, and discontinued whistling when tlie fog lifted, and all the buoys "and beacons became visible. They were all visible at 5.40. He did not consider it necessary to whistle off Stirling Point. He relied on his signals. At Stirling Point he eased the vessel down a bit. He did not think for a moment that he could anchor there. He was aware that pilotage at Bluff was compulsory, and that gave him confidence in standing in. Ho relied on the information and directions given in the New Zealand Pilot, 1908 edition, for navigating his vessel into compulsory pilotage water, as f’r as harbour limits, where he could depend on the local knowledge of'the pilot. He had not read pages 270 to 273 of the New Zealand Pilot, entirely. He had read pages 271, 272, and 273. Having read page 272, with regard to tidal streams, he did not think that he should have considered the advisability of anchoring at Stirling Point, it not being a safe anchorage. When he got to Stirling Point he had to go on when the pilot was not there. tie proceeded up past Stirling Point because lie could not turn round, and he was still depending upon the pilot. He reckoned that high water would be about half-past four. Between the first red buoy and Stirling Point be noticed a slight ebb. After rounding Stirling Point the ebb increased. Under the circumstances as lie found them he did not consider it practicable to drop both anchors and steam up to them. The two anchors were about 4 tons 17 cwt, and the cables were about 150 fathoms each, and were properly tested according to law. He would not swing his vessel at Stirling Point, and go back to tbe red buoy. It was impracticable to back his vessel out from Stirling Point to the red buoy. He saw nobody on shore at Stirling Point; lie was using a telescope. He had a copy of tlie New Zealand Nautical Almanac, in his possession. .He got it in Wellington, but did not read the local matter in its relating to Bluff Harbour. He was aware of the local practice of bringing vessels In only at slack water, but that full powered vessels came in at all times. Ho had never been to the Bluff before. He relied on being boarded by tlie pilot outside Stirling Point, as per New Zealand Pilot. He was using Admiralty Chart No. 2540. He endeavoured to buy Chart 3484 in Wellington but couldn’t get it. After passing Stirling Point he continued on slowly. She was making about 5 knots through the water but on the ground about 2 knots. .There was more than steerage way on the vessel. It would have been safer for the vessel to be going at a greater speed with the pilot- on board. At 6.47 he passed the first beacon. In negotiating this channel he was steering midchannel courses on the leading beacons. He was satisfied that his boat kept a true course on tlie beacons. He was just on tlie third course of beacons. He was watching for the pilot with his glasses, and his attention was distracted for a moment from tlie vessel’s head in looking to see if the tug was coming with the pilot, when he noticed tlie vessel take a sheer, and lie sent her full speed ahead, and put the helm hard-a-port, to pick her up. She could not recover owing to tlie strong tide on her starboard bow, and just as she' was swinging across into a dangerous position lie put tlie engines full speed astern to take the way off her. The helm was still hard-a-port. That took the way off; she became motionless, and came broadside on, and tlie'tide swept her aground. The place marked on tlie chart was the place where the ship went ashore, drifting on to the port side of the channel with her head to port. After she grounded lie tried for a few moments to get her off with the engines, but this was impossible as the tide was too strong. The vessel was broadside on to tlie rock, and the captain decided to await the turn of tlie tide. Tlie pilot boarded about 8 o’clock in tlie morning. Tlie captain asked him if there were any pilots in port. The pilot said lie would talk about that matter later. He remained on board for five or ten minutes, then said lie would come back between two and half-past as it would be impassible to do anything before. The lead was going all the time coming into port. The least depth was 4 V 4 fathoms. Witness did not suggest to the pilot that he stand by and help as the latter said lie was going away and would be back about half-past two. Witness let go no anchors to hold her. As soon as lie was finished with the engines in tlie morning he gave notice to have them ready at noon, because then there would be slack water. Tlie orders were given with a view of attempting to get (lie vessel off. himself, with tho aid of tlie engines and the rising tide. He did not pump out any of the tanks, but kept tlie ballast to keep her firmly in that position till the tide made, as taking the ballast out of her would have made her top heavy owing to most of the cargo being between decks. He did not give orders for the pilot flag to be hoisted. It had been taken down after tlie pilot had boarded. This pilot flag may have been hoisted without his orders. At 12.29 tlie vessel was clear of tlie bottom. When the vessel came off lie felt a severe bump, and the engineer reported that the engines were brought up, and that lie couldn’t move her, and witness said, “You’ve got to move her.” In his opinion that bump or blow was sufficient to cause tlie damage to the rudder post. By this time tier head was pointed up channel and ho steamed up and anchored off the wharf. The pilot came out and boarded tho vessel at 12.50 p.m., and then, assisted by the tug, took her to tlie wharf. On the first sounding of the well after grounding it was found that water was making in No. 1 deep tank. The pumps were able to cope with it. Ho did not feel the ship strike before she took the first sheer. She had a Chinese crew. The owners were Greenshields, CowJo and Co., of Liverpool; her registered tonnage was 4295; there wore no lives lost in the easuality and no passengers were carried. He advised in tho intersts of shipping that a signal station at a lower level than Bluff Hill be established. In other places the pilot was compelled to board a boat immediately it arrived at his station, to give the captain his local knowledge and either to anchor or to take the vessel in. At the time tlie Knight of tlie Garter grounded her draught was 22ft 41n aft, and 15ft 11 in forward. Mr Macalister was proceeding to crossexamine Captain Finnis when the Court adjourned at six o’clock. Captain Finnis, cross-examined hy Mr Macalister, said that he di- 1 not blow the whistle at Stirling Point because he was expecting the pilot any moment. He

realised that he was running a gravo risk in going past Stirling Point. It was impossible to get l.is vessel out of tha' position, and there was nothing for him to do but to stand in in hopes of the pilot boarding. He could not see any other alternative. He realised that he had missed high slack water when he passed the outer red buoy; but the tide did not affect his vessel until Stirling Point was readied. He was aware of the custom of bringing in vessels only at slack high or slack low water, but he did not give any consideration to It owing to his belief that vessels c f full power could come in at any time. Ho found that information in the New Zealand Pilot of 1908. After his vessel was aground he would have made use of the pilot if the latter had stayed by the vessel as it was his duty to do. He would not admit that his intention was to get his vessel off- himself without the help of either pilot or tug. He explained that in his opinion a full powered boat was one that steamed eight knots an hour. A steam vessel of moderate power was one that steamed about five or six knots. Cross - examined by Mr Herbert MacDonald, Captain Finnis admitted that he had had trouble with the pilot at Auckland, and at Napier when an harbourmaster came out he would not stop for him, but afterwards took him on board. Those however were not compulsory ports. He had discussed the disposition of Bluff Harbour with a captain in Wellington, and had been told to go to the red buoy, where the pilot, would be waiting for him. He knew th . his copy of the N. Z. Pilot was three years old. He knew nothing of a Nautical Almanac: never opened it up; did not know of its existence as a useful work. One copy had been given to him in Wellington, but he had not had time to look into it. He did not know that it contained any local information regarding Bluf.*. At the prelimlnar: - enquiry when he had stated that the tide affected his vessel at the first red buoy he had made a mistake. He was worried at the time. His present statement that he did notice the ebb tide until he had reached Stirling Point was the correct one. He was at the buoy for five minutes, from 6.22 till 6.27, and passed Stirling Point at 6.36. He declared that he would bo surprised to learn that the Rimutaka, meeting fog inside Stirling Point, had backed out to sea and that the Langton Grange, coming up behind, had anchored there while the Itimutaka passed, and then swung round, and also went out. Both vessels were in charge of pilots. He was also surprised to learn that the Opawa had turned at Stirling Point and backed out when she met a fog. He was further surprised to learn that two ships anchored at Stirling Point in a westerly gale, and were quite safe in charge of pilots. Witness said that when he came in he was steering both by the chart and by the beacons. When the third officer said that on the third course the vessel was steering on the lightship and the buoy that was incorrect. When Captain McDonald came on hoard he had said that a boat was going to go off at Stirling Point, but that the Knight of the Garter was going too fast. In reply to a question as to what was to be done Captain McDonald had replied that when the vessel floated off he would be there with the tug. There was no suggestion that Captain McDonald should stay there. About twelve o’clock he got the first indication that the vessel was about to move; but he did not hoist the pilot flag or blow the whistle to direct attention. When, having got off the rocks, he anchored in the north channel Captain McDonald did not call out to him to go astern nor did witness wave his hand to the pilot as much as to say that it was all right. Examined by Mr Hanlon, Captain Finnis said that when he came to New Zealand he was furnished with charts and a copy of the N. Z. Pilot to enable him to navigate these waters. He had the latest marine charts, and the N. Z. Pilot 1 was the only hook published by the Admiralty that he knew of for directing the navigation of these waters. In conjunction with the charts notices to mariners were published monthly to bring the N. Z. Pilot up to date. Witness navigated his vessel according to instructions given in the Pilot, and according to such directions as were given on the charts. On the latest chart it was indicated that there was a signal station at Stirling Point, and yet no such station existed. Witness had endeavoured to communicate with Stirling Point because Bluff Hill was obscured by fog. He received no communication from a semaphore on Stirling Point. There was no such semaphore there. He passed the place at the rate of about two knots and could see Stirling Point clearly long before he got to the red buoy. There was no doubt that anybody standing on the rocks at Stirling Point, could have seen the signal. He knew of no nautical book that set down a radius of three miles for the limits of the Bluff harbour. He would expect on approaching a port to find a pilot on the limit, and to have him aboard his ship before she reached a danger zone. If the pilot did not meet a vessel on the outside limit he was at least expected to meet her or pick her up abreast of or near the pilot station. Witness had the authority of the N. Z. Pilot for the expectation that a pilot would pick him up at Stirling Point. When he got to that point and the pilot failed him he felt that it would not be prudent to stop and anchor, to hack her or to turn round, as he felt sure that the pilot would be there to help him. Ho did not consider it necessary to hoist the Jack or blow the whistle when the harbourmaster and the chief pilot knew his position. He took tlic action lie did in order to prevent further damage when his vessel floated off the rocks. The N. Z. Nautical Almanac. In the course of his examination, Mr Hanlon drew special attention to the following statement in the N. Z. Nautical Almanac for 1911: “On Bluff Hill there is a signal station with which vessels requiring pilots should communicate, or, when it is obscured, with the'station on Stirling Point. Both these signal staffs are connected with the telegraph and telephone systems, and vessels may communicate by .international code. This signal station is now a Lloyds signal station, and vessels will he reported if requested. There is also a semaphore arm on the flag-staff on Stirling Point, which is only used should a vessel he seen standing into danger. Vessels should pay particular attention to any signals made to them from either Bluff Hill or Stirling Point.” Another paragraph in the Nautical Alamanac reads: "A powerful tug will proceed to vessels signalling for it from the Strait. Pilotage is compulsory. With easterly winds vessels should communicate with the signal station before attempting to enter the harbour, as, when blowing strongly from the quarter, the pilot boat cannot be launched. Sufficient time must, therefore, be allowed for the tug to get out. There is a staff of four pilots, of whom the harbourmaster is chief. All hold masters’ certificates. Pilots are always to be obtained from the tug by signal from the signal station, the pilot station at Stirling Point having been discontinued.” George Richard George, secretary of the Harbour Board, staled in evidence that there were no rules adopted by the Board for the guidance of the harbourmaster and pilots other than the bylaws. There were no instructions, special or general, requiring pilots to board vessels immediately on arrival, irrespective of the slate of the tide, and whether it suited to bring them in or not. A proof sheet of the N. *Z. Nautical Almanac, 1911, issue was submitted to the Board by the Marino Department for revision before publication. He looked through it and passed it on to the harbourmaster, and when it was returned he passed it back to Die Marine Department. The old pilot station was abolished in IftOi. The Hag staff at Stirling Point was removed in February, 1909. Caplain Finnis did not hold an exemption certificate. The limit of Bluff Harbour as gazetted was a radius of three miles from the flagstaff on Stirling Point. Representation was made by Shaw, Savill Co. in 1907 that in daylight the pilot should board non-exempt vessels as soon as they arrived within two miles of the red buoy. It was left to the chairman and the harbourmaster to deal with, but witness did not know what transpired. The chairman did not report, but the company was communicated with and was apparently quite satisfied with what had been done. The Court rose at 10 o’clock and will be resumed at nine o'clock this morning.