NAUTICAL ENQUIRY

Southland Times, Issue 16688, 17 March 1911, Page 7

NAUTICAL ENQUIRY

»» » fH BE KKIGHX OP THE BASISS. FURTHER EVIDENCE. ' The nautical inquiry into the circumstances of the stranding of the s.s. Knight of ihe Carter in Bluff Harbour on 17 th February was resumed on Thursday morning before Mr G. Cruickshank. S.AL, and Captains Bollous and Sundstrom (assessors). Formal evidence with regard to eorrespondenco between the Boat d and the Shaw, Savill Co. in 19' L, velativc to boarding non-exompt vessels as coon as they came within two niilcs or the red buoy, was given by G. R. George, secretary of the Board, and thb eout'spondencc. togetlter with the haibommaster's report tiiereon, was produced In Court. The reference in the Company's letter to the loss of valuable property was probably to the fact that the Tokomaru had lost an anchor and a full length of chain outside the harbour. The Harbour-master's Evidence. Norman McDonald, Harbour-master and Chief Pilot at Bluff Harbour, staled In evidence that he had received notice; that the Knight of the Garter was expected to arrive on 17th February, at high water in the morning. Higli water was at 4.l‘J a.m. He made arrangements overnight to meet the boat on arrival and ordered steam for half-past thiee in the morning. That order was carried out, and steam was kept up till eight o'clock. There was a thick fog in Ihe harbour on the morning of 1 < tli l-ob., and Bluff Signal station was obscured. "Witness was always advised from Bluft signal station, when it was clear, ot the arrival of a boat. Advice was received as soon as the boat was sighted, anti progress reports were given. The usual

practice was to hoard vessels two or three miles off the red buoy, The Hai-hour-master also said that he had a night-watchman on Stirling Point from 6 p.m. to 6 am., his duties being to watch the lights and see that they were burning, and to report any vessels passing or approaching the heads during the night. If at night a signal was made from a vessel for a pilot, the nigntwatchman at Stirling Point could reply to such signal. The harbour-master boarded all vessels from the tug. At 10 minutes to -six on 17th Feb. lie was told by the nightwatchman that there was a steamer whistling outside. Hie lattoi could not see the boat, but said that, before he left at six he thought she was stationary, as he could see the loom of her. Witness did not ask the nightwatchman (Walker) if he heard the bell of the vessel ringing. When he heard that a vessel was there ho took it tor granted that she was complying with the regulations and was anchored outeide the red buoy. At six o’clock Walker was relieved by Fraser, the boatman. Witness did not ring up Fraser after six o'clock to see the position of the ship then, but Fraser rang up at 10 minutes to 7, local time —the difference between the New Zealand Mean time and Apparent time is about quarter of an hour —and reported that a steamer was coming up the channel past the first i ed buoy, and was close up to Stirling Point. Witness told Fraser to get Pilot Gifford; who was living down at Stirling Point, immediately, and to instruct Gifford to go on board at once, and anchor the ship and not let her come up. Very shortly after that Gifford rang up, and reported that the vessel had passed Stirling Point, and that bo could not get on board owing to the strong ebb tide. This was about 7 a.m. It would take him (Captain McDonald said) about three-quarters of an hour to go from his house to the tug and get her under way, with her full crow there. He could get' there himself in 7 minutes. There were nine men in the crew. Fraser had to walk from Stirling Point, which would take 20 minutes, but he had to call the other men on his way to Inc wharf. Witness did not think it would he possible to get the tug under way in half-an-hour. The tug would be under way at G.JS. Eight or nine minutes would take her down to the outside rod buoy. At a quarter to seven he could have been at the red buoy. On the morning of the 17tit he could not leave the wharf till half-past six on account of the fog. He could have been at the red buoy at a quarter to seven had lie been all ready to leave when the fog lifted. He did not consider it necessary at ten minutes to six to stand by the boat, because he was told that the ship was at anchor. Had ho got to the red buoy at a quarter to seven on the morning of I7th February ho would have been in time to board the boat. Had lie been there at that, lime, considering the state of the tide, he would have anchored her outside the red buoy. If a ship was in the line of beacons it was safe to anchor at Stirling Point on an ebb tide such as was running on the morning of 17th Feb. It was feasible for the master of the ship to drop his two anchors and steam up to them if necessary. It; was possible for the Knight of the Gaiter to have swung off Stirling Point and to go to sea again. It would be an awkward thing for this ship, being a single screw, to back down the channel. Witness was aware that the New Zealand Pilot, and the New Zealand Nautical Almanac, instructed masters that if the Bluff Hill Station was obscured they were to signal to Stilling Point. There was no signal Hag-staff at Stirling Point. It was a fair inference to draw from these two books that there was a flagstaff at Stirling Point. In this they were both in error. At ten minutes to seven on 17th Feb., in the then state of the tide, witness would not himself, nor would he allow any of his pilots to bring a vessel like the Knight of the Garter up the channel. It was unsafe for a vessel of that class to work the harbour, except at slack low or slack high water. The first lie saw of the •vessel was from his own house. She was then abreast of the lower dolphin, defining the North edge of the channel. He knew that Ills pilot was not on board. He could not tell from where he was if she was steering a good course. So far as he could see she was making a good course. He next saw her stop and swing round with her head to port, broadside on to the tide. The place lie had marked on the chart was where the vessel was lying. Her stern would then be about 800 feet off the line of beacons. It would not lie safe to go slow in a current like there was that morning, witli a ship of that kind. If a ship were on a Hue with the beacons, and going full speed ahead she might have gone tli rough the tide. It was not possible to board the vessel from the tug after she passed Stirling Point, with the tide then running. It would have been dangerous for the tug to attempt to come up alongside a vessel in that state of the tide. Witness ordered the men to the tug immediately he saw the vessel aground. He left the wharf about ten minutes to eight to go off to the vessel. It was about half-past seven when he saw the vessel take the ground. When Captain McDonald, with Mr Cameron, boarded the Knight of the Garter lie saw Captain I innis. Mr Cameron went up cm the; bi idge fust, and witness followed.—Mr Cameron introduced himself as representing the N.Z. Shipping Co., and the captain asked him if there were any pilots there. Mr Cameron then introduced witness as the Chief pilot. —Captain Finnis wanted to know why he couldn’t get a pilot at Stirling Point. Witness told him he could have got a pilot had lie waited at Stirling Point. Witness discussed the situation of the ship with Captain Finnis, and suggested to Him the use of the tug when the vessel was likely to float. Captain Finnis did not think that the tug would lie required, and wanted to know what the tug would cost. Witness told him there was no special tariff for that class of work, hut that lie didn’t think the Board would charge him much. No arrangement was come to, and nothing further was said about the tug. Witness mentioned to Captain Finnis that the best way to get the vessel oft was to have the tug on her port quarter when she commenced to float. He stayed on board about ten minutes, and when leaving lie told Captain Finnis he would be down between one and two o’clock. He made no arrangements at all for any signals in the meantime. After the grounding of the vessel she did not signal tit any lime for a pilot or for Captain’s McDonald’s services. It was neither suggested to him, nor did he offer to leave a pilot on board the vessel. He considered that under the circumstances lie did every tiling in His power to aid and assist the vessel. Ik

went down to die vessel again at ton o'clock ; did not go on hoard, hul went round the ship and took soundings fore end aft. The soundings taken by the third mate of the vessel were approximately the same as witness found. Ho told either one of the cooks or stewards on the vessel that he would like to speak to the chief officer. One of the officers came along and witness asked him if the ship wtts making tiny water. He vras near enough to hear the question, fcut he did not answer, die looked over

the rail. Witness then w r ent away, and, after getting back to the wharf, ordered steam for one o’clock again, but before that the vessel got off. At 25 past twelve witness aw that the engines on the vessel were moving. He was then going down the wharf, and left immediately lie saw the vessel lioating (about 20 minutes to one) to go to her. She was not in so bad a position, with two hours’ Hood, as when site went on. Her position was improved, as Hood tide was not' so strong as the ebb tide, and the Hood tide would have a tendency to push her out into deep water. He thought the position would have been improved by the use of the tug in getting the vessel off. He thought it was a reasonable thing for a master of a vessel at a compulsory port to expect a pilot attend him at the limits of that port, weather and other circumstances permitting. Sometimes the non-exempt vessels coming to the port anchored, awaiting tHe tide, without the pilot goins; out. They would anchor outside the red buoy. If the weather was hart and the vessel a stranger lie would board her even although the tide were unsuitable. He would then give the master advice as to movements, anchorage. 'etc. There had been no alteration sir.ee October. 1907, in the practice of bearding non-exempt vessels. He could not remember getting the proof sheets of the New Zealand Almanac, 1911. but quite probably he did gel them. He had no remembrance of making any alterations to them. There was about four knots of current where the vessel an-

chored in the North Channel off the wharf. He did not think It would be advisable in the interest of shipping at the port to have a signal station at a lower level than Bluff Hill. Fraser’s duties were partly those of watchman, and partly as deck hand on the tug. From C a.m. to 7.J0 Fraser’s duty was to keep watch at Stirling Point. Fraser should, on relieving Walker, get details of shipping in the port up to that time. Walker before leaving the station at six o'clock, always rung up and reported to Captain McDonald. There were two boats at Stirling Point, seaworthy and duly equipped. There was a pilot flag kept there. The crew consisted of two men and a pilot. Garrick and Fraser wore the two men. and the pilot was Gifford. This pilot boat kept at Stirling Point had only been used twice as far as the Harbour-master knew. It was only kept in case of emergency. Cross-examined by Mr Hanlon : There were four pilots on Bluff station. The other pilots were rung up when they were wanted for pilotage work. The pilots never did anything else. Apart from weather conditions there would be no difficulty in having a pilot awaiting a vessel at harbour limits. When the weather conditions were favourable a pilot always went to the harbour limits to meet any vessel coming in. Tills had been ip vogue, to his knowledge, for 23 years. The Knight of the Garter was the only vessel lie expected that morning, that was the only non-exempt ship. He couldn’t leave the harbour that morning at high tide on account of thick fog. It was quite a usual thing for the fog to he thick between the wharf and Tewae’s Point, when it was quite clear from there down to Dog Island, so that it was possible for a ship to stand in from Dog Island to Stirling Point in clear weather, while the tug was unable to leave the wharf through fog in the harbour. It was a necessity, under these circumstances, for a pilot to put off and hoard the ship at Stirling Point. When it was foggy in the liarbour it was generally foggy on the top of the hill, and therefore a ship signalling to that station would not bo observed. He dirt not know what a ship would do until he got on board of tier, but he could not go aboard of her till the fog cleared and he could gel out of the harbour, then it might be easy enough for him to bring her in because the fog had gone. He had several charts of the harbour. He had not read the New Zealand Pilot recently. He did not read Hie New Zealand Almanac very much. He bad read a little about Bluff Harbour in it. When lie got word from 7'T'asor, the latter said that the ship was Hying a pilot jack. That was about ton minutes to seven. At six o’clock lie was told tli ere was a skip whistling. It was not reported to him that Fraser bad seen the boat at five minutes to G between 2 and J miles off the station. Ho got no word as to what the ship, was doing between ten to six and len to seven. He could not explain this. These men. Fraser and Walker, would know such signals as a signal for a pilot or a distress signal. He did not think that tho vessel was loft an undue lengtii of time without a pilot. If it had been reported to witness sooner than 10 minutes to 7. by his officials, that this vessel was coming in towards tho red buoy and Stirling Point, he could have sent off a pilot to hoard her from Stirling Point, and the pilot could have gone down with the tide to meet the ship,. Captain McDonald said Hint, when lie could not get an answer to his question from tlie officer on the vessel, lie did not fry to gel an answer fmm (lie captain, and lie would not trv. Pilot Gifford lived about 150 or 2011 yards from Stirling Point Station. The two members of the crew each lived a short distance fmm the station, and the man on watch would have to call the other boatman and the pilot. ' p i'ot Gifford was the pilot who would lie mot for in case of eme>-gency. His house was not connected hv feienhon I '. The shed in which the boat was kept was locked sometimes, and the key was kept in the watchhouse. The amount of pilotage charged for taking Hi is ship alongside the wharf from her anchorage and taking her out of the harbour again, was £S9O. AVitness thought at first, on seeing the ship come in. that she was being brougii) in by a man who knew something of the port. It was Harbour Board work which took him off the ship after he had been there for a few minutes. , , By Mr Macalister : There had been a Hag-staff at Stirling Point up to 1909, hut there had been no occasion to use it during his time, that was. for a period of twentv years. The practice in othei Now Zealand ports was that a vessel, on arriving at the harbour limits, had

to wait for a pilot always, sometimes for hours, sometimes for a whole night. Tlie practice in Bluff was similar to that in oilier ports. Tlie other three pilots were. Captain Lovett, and Gifford and McNeilage. Witness was chief pilot Captain Lovett was captain of tlie tug and Deputy Harbour-master. Gifford was the assistant pilot and the mate of the tug, and McNeilage was a junior pilot and was sailing mate of the dredge. It was not possible to see the wharf from Stirling Point when a ship was in Hie proper course.

All' n. .utltUiiiullU . I 111- iii r»v. ju formation concerning tho Knight of the Garter eamo at 10 minutes to 0, when the ship was reported as being at anchor. Witness concluded that she was complying with sailing directions, and was waiting for tho tide. Prom tlie information lie trot there was nothing he could have done up to the time of stranding to litivo been of any assistance. When lie went on hoard lie offered ids services. When past Stirling Point 11, 0 captain could have either anchored there or higher up. or have come right through north channel. P.y taking the third course, keeping the lightship and buoy In line would take her exactly where she went aground. Witness reported the removal of the flagstaff at Stirling Point to tlio Board, in writing. He could not account for the ship coming off so much earlier than he expected, except that tho water ballast had been pumped out. The shallowest water that lie got from his soundings at low tide was on tho starboard side. He got tho shallowest water whore the third officer says he got seventeen feet. Ke-examined by Mr Macalistor ; He should can a vessel of from R! to 15 knots a full-powered vessel. He did not consider tho Knight of tho Cartel a full-powered vessel. Ho know this before she came into port. He had never known of a casualty happening to a vessel entering tho harbour with a pilot, and attributed this casualty to the fact of the ship entering the harbour without a pilot. , _ Re-examined by Mr Spence : He could 1,., vp been at tho red buoy at fi.iG, but it would have boon useless. Had ho gone down tlic.re at that time, and found was not at anchor, he could have taken stops to prevent her coming in. It 'was feasible enough to expect that tho man who made tho entry in the log tiiat ho had offered his services hoard him do so. He offered his services by suggesting that tho tug should be employed. By the Court ; He did not know how tiie cargo was placed. Watchman at Stirling - Point. James Walker, night watchman employed by the Bluff Harbour Board, and stationed at Stirling Point, said that at tli is time of the year his hours of duty were from seven p.m. I ill 6 a.m. On 17lit Feh. lie was on duty till 6 a.m. The weather was foggy from five to six. He could see tho first red buoy from daylight, about, 5 o’clock. His duties were to watch all shipping, to look after the lights, and to report the movements of shipping to Captain McDonald. These

reports were made by telephone. First saw’ the Knight of the Garter at ten minutes to six. Thought she was threequarters of a mile eastward of the red buoy. Could only see her very faintly. At about twenty-five to six he heard her whistling. At ten minutes to six got the glasses to have a good look at her. Could not see anything above tire ship’s deck. About a couple of minutes to six he reported her to Captain McDonald, after having a good look at her, and reported that she was anchored. Did not know she was anchored, but believed that she was. Was aware that vessels anchoring in a fog had to ring a bell. Did not hear a bell ringing. Could not have heard it from that distance, when rung as a fog signal. She was slightly over a mile away from where he was standing. After he had reported her to Captain •McDonald, he got no instructions. Saw the vessel just as he left at six o’clock. She seemed to be in the same position, and the fog was just about the same. Did not see her after six o’clock. There was only one man residing on the reserve. That is I* raser. When witness left at 6 a.m. he switched the extension bell on to Fraser’s house.

Did not see Fraser on that particular morning. Kept a log of what happened, it was kept at the pilot station. That log was not accessible to Fraser. The sheds were kept locked up, and the boats were under lock and key. The Key was kept in the watcli house close by. Fraser had access to the watchhouse. Witness communicated with Bluff FI ill that morning, and had been told it was very thick up there. Cross-examined by Air Hanlon: —Perhaps lie made a mistake in reporting the vessel to he at anchor. In a matter of that sort and in thick weather it was only guesswork. There was a pair of binoculars in the watchhouse. He was using them till six. If Fraser said that lie saw the boat at five to six. between tw’o and three miles off the station, witness thought he was mistaken. Cross-examined by Mr Macalister —He left the pilot station convinced that the ship was at anchor, and, under that conviction, reported the fact to Captain McDonald. The Boatman at Stirling Point. John Robert Fraser, boatman employed by the Bluff Harbour Board, said that lie resided at Stirling Point. Ills hours of duty being from G a.m. till 7 p.m. From 6 a.m. till 7.J0 a.m. his duties were to report to Captain McDonald anything

that happened. It was his duty to keep a watcli on shipping all the time. He went on duty as usual at 6 o’clock on 17tit Feb. Witness did not see Walker before lie went away. He first saw tlie vessel at five minutes to six', but could only see her very faintly, when, lie thought, she was about half a mile from the red buoy. He could not tell at that time what she was doing. She seemed to lie lying quiet, but he could not have told if she had been going slowly ahead. He saw her some time after six but did not advise Captain McDonald. She was still lying quiet. Saw her several times after that, and at ten minutes to seven she was past Hie red buoy. Rang up Captain McDonald then immediately, and was instructed to tell Pilot Gifford to take her to anchor. Went to Gifford’s house, which would lake about three minutes, and told Miss Gifford to tell her father to come down at once Then went to Garrick, the boatman, who was up and dressed. As ho went up to Garrick’s the boat was off tho black buoy. Gifford, Garrick, and witness went to tho hontshed and opened It with Garrick’s key. The boat was quite handy for launching, and all the gear was in her. They did not launch her, as Air Gifford thought the steamer was too far up tlie harbour for them to pull up against the tide. He beard tlie shin’s whistle going before G o’clock, but did not remember bearing it afterwards. She did not whistle off Stirling Point. When the boat was ready for launching the steamer was up near the chequered buoy Air Gifford then went to the telephone. As tlie steamer passed tlie red buoy witness could sec her signals Hying. He noticed tlie jack for the pilot. She was then coming up slow. To Air Hanlon —The night watchman went away without knowing whether witness was up or not. There was no bell to ring to him when Walker went away at G o'clock. He had to got his breakfast, so as to be at tlie tug at 3 o’clock. Whether the ship had a signal or not it was his duty to report to the hj arbourmaster. To Mr .McDonald —As the Knight,of the Garter came to tho black buoy witness ’thought she increased her speed. He missed seeing her between tlie red buoy and the black buoy, somewhere about five ' minutes. He did not miss her after she passed the black buoy. The Assistant Pilot. William Gifford, assistant pilot of tho Bluff Harbour Board, said that at ten minutes to seven on 17tli Feb., lie was called up by Fraser who left a message with witness’s daughter. 'The message was from Captain McDonald and was that witness should go off and anchor that steamer at once. His house Is about 500 yards from the boatahed on Stirling Point, and was not connected by telephone. He immediately went to the boatshed, and about five minutes after being called was down at tho boat-died ready to launch his boat. The boat-hod was in a cove on the north side of tlie station, and was not visible to a vessel until she was above the black buoy. When lie got to tlie boatshed lie told tlie men to get the boat ready, but saw it was a hopeless case. The steamer was too far past, and she was going too fast for a boat to overtake her. She was then abreast of Hie red buoy. She was round tlie black buoy when iic first saw iier, on coining out of his house. He did not see her stop off Stirling Point. She did not stop, nor did she whistle off Stirling Point. It would take about five minutes to take Hie boat out of tho shed and launch her. There was no pilot Hag kept in the boat, or on the station. In fine weather tlie boat was suitable for boarding a vessel off Stirling Point. Tlie run of the tide off Stirling Point at tlie time tlie vessel passed was about four knots. It would increase up to five knots for that tide. Had witness boarded tlie vessel off Stirling Point lie would have put down Hie anchor at once. He would anchor her anywhere from the first red buoy up to Hie chequered buoy, or anywhere below the mid-channel rock, even In the ebb tide. It was a perfectly safe anchorage, and lie would have put only one anchor down. That, and nothing else, was what he would have done in his capacity as pilot. Had ho been told at ten minutes to six to go out and anchor Hie vessel off the red buoy lie could have done it. When lie found it was impossible to get to the steamer, he immediately went to the telephone and reported to Captain McDonald that it was useless for him to go out as she was too far up the harbour. As far as witness could tell she was making a good course on the leading beacons. He told Captain McDonald that she was going all right so far. By Air Macdonald—She was on tlie second course when he reported her to Captain McDonald. Had It been reported at ten minutes to six that she was outside tlie red buoy, he considered that Captain McDonald would naturally wait HU slack water before going out with tho tug.

By Mr Macalisler —This vessel adopted a very unusal course in coming in without a pilot. Harbour Board Evidence. Thomas Gilroy, fish merchant, residing at Bluff, said that lie was a member of the Bluff Harbour Board. He had resided at Bluff for forty years, and had had a great deal experience of the sea. Me was well acquainted with Bluff liarhour and the various land and water marks. His residence was about half a mile on tills side of Stirling Point, up on tlie hill, and gave a good view of the harbour from the western reef down to Stirling Point. He remembered the morning the Knight of the Garter came into the harbour. He came out of his house about five minutes to seven, and was on the verandah while the ship was passing. She was about abreast of the chequered buoy in the middle of the rip, when lie saw her first, and was out of the deep water channel. As soon as he saw tier lie made sure she was going ashore. At the time tie called Ids wife's attention to the ship, and told her to come outside and she would sec a ship ashore In a few minutes. Hebert Stewart, at present an hotelkeeper at the Bluff, also gave evidence. Ho stated that lie held a master's certificate, and was at sea for twenty-five years. He had boon to most parts of the world, and was acquainted with the custom of pilotage at the Bluff. Under the circumstances already given in evidence ho did not think Captain McDonald and his staff could have done anything more than they did up to the stranding to assist the. boat. Captain McDonald could have only brought the ship off the same as was done. He could not have been of any assistance to her without the services of the tug. In Sydney the pilots came outside the heads about half a mile. Sydney was a compulsory port for deep water ships. At Brisbane they

picked up forty miles from the mouth of the river. At Honolulu they picked up just outside the harbour. If the pilots were not there the boats waited. Counsel’s Addresses. The last of the evidence called was heard about half-past four and the various counsel concerned proceeded to address the Court. It was arranged that Mr H A. Macdonald should lead oft on behalf of the Harbourmaster (Captain McDonald), then Mr Macalister for the Harbour Board and Mr Hanlon for Caplain Finnis (master of the Knight of the Garter), and that Mr H. R. Spence (Collector of Customs) should address the Court last. Mr Macdonald said that he would confine his attention to the two questions the Court was asked to consider concerning the efficiency of the services rendered by the Bluff pilot staff both before and after the vessel entered the harbour. He contended that Captain McDonald had done everything that he could reasonably have been expected to do. He bad received word that the vessel was anchored and that relieved him until next slack water. His next information, received at ten minutes to seven, was that the vessel was coming up the harbour, and he Immediately gave instructions for a pilot to go out and anchor Iter. It turned out that the pilot boat could not go alongside the vessel In the ebb tide; but the harbourmaster had carried out what In the circumstances any person could reasonably expect to be carried out. He was ready with the tug to go out at three In the morning: but it was foggy and he had waited to get word of the vessel. When the ship went ashore the services of the tug wore offered, but were not accepted, and it was only by using the tug that the harbourmaster could have been of any service to the vessel coming off the rocks. His intention had been to stand by just to be ready in case of emergency when the vessel floated off. She came off earlier than was expected, an hour and a-lialf earlier in the flood tide than she had gone on in tlie ebb. Counsel suggested tli at this was probably due to the fact that while tlie vessel was being pumped as she lay aground she was also pumping water from her ballast tank, which bad been injured. No negligence had been shown against Captain McDonald or Pilot Gifford. At G. 30 he could

have gone to the ship and would have done so but for the report given that siie was lying at anchor. Mr Macalister said that tlie only duty of counsel was to see that the facts were fairly put before the Court. The whole question was one of fact, and tlie Court need not be concerned with anything else than the circumstances of the stranding. It might be that there was obsolete information in the “New Zealand Pilot,’’ and the Nautical Almanac, and that the arrangements at Stirling Point might require revision; but that had nothing to do with the present case. There were two classes of vessels: those that were exempt and those that were not exempt from pilotage. The whole of the evidence did not affect tlie position of the Board in the slightest degree. There were some ambiguous statements in tlie nautical books; but if all the pages were read there would be left no doubt in tlie mind of an experienced mariner as to the character of the port. The captain could have learned from the pages of the book that it was very wrong to come Into the port without a pilot. Tlie meaning was clear enough. ■When the station on Bluff Hill was obscured by fog it was quite possible to communicate with Stirling Point without coming up to it. Suppose that the signalman on Blurt Hill was incapacitated in some way, a captain would not he justified in coming into the harbour. Such a position would be untenable. If, tli rough some Inadvertence, no answer was obtained to a signal, then the captain’s duty was to wait. Counsel admitted Hi at the almanac was wrong in stating that there was a semaphore at Stirling Point: but tlie other information was clear and direct to the effect that the whole of the piloting work was now done from the tug. A boat was kept at tlie old pilot station. It was called the old station in case of emergency; but that dirt not justify a man in making an emergency. Counsel referred in detail to other official notes and directions which should have shown tlie captain tli at there were certain risks at stated times and that it was his duty to wait for tho pilot. If one bore in mind that the Blurt was a compulsory pilot port and that there were two classes of vessels using it, then it was perfectly clear what was the duty of a strange captain. Assuming that the captain relied on a statement that a pilot would probably come on board at Stirling Point it was only,a probability. The evidence showed (bat’the captain of a largo ship had talien risks on the chance of getting a pilot. That action seemed inconsistent with common sense, which suggested that it was the duty of a master to look after the interests of his ship. He went to Stirling Point in the hope of getting a pilot, but when he arrived there and got no pilot he should have blown his whistle. As a matter of fact a pilot was there and was in the very act of preparing to come on board. It seemed to . counsel that when Captain Finni.s came 1 tc tlie harbour limit he took tlie bit between his teetti and came in regardless of consequences. Taking all the circumstances into account, It was questionable whether the master had acted as a reasonable man ought to have acted. He had done wrong in entering tlie harbour alone, and, having entered, he did further wrong in coming up at that time. Tlie Bluff Harbour Board was one of tho most progressive in New Zealand, and it had never been suggested, and it was not suggested now, that it had failed in administrative capacity. Mr Hanlon in his address to the Court dealt in order with tlie questions that tiad been submitted for consideration by Hie Collector of Customs (Air Spence). Ho had listened, lie said, with surprise to what Mr Macalister bad to say about the captain. Mr Macalister was present to defend the Bluff Humour Board; but tho whole theme of his address was to lay the blame at the door of Captain Finni.s. With regard to the first question, whether tlie master was guilty of negligence in entering the harbour on a strong ebb tide without a pilot, notice had been duly sent of the vessel’s impending arrival. The harbourmaster was ready at 3.30 a.m., but said ho could not go out on account of fog. In the meantime the vessel was coming so slowly that she took from four o’clock till seven to steam from Dog Island to Stirling Point. He

submitted that it was Hie duty of the li arbourmaster to leave the wharf to go out to meet tho vessel or to go out when he had tlie opportunity to do so. The captain had the right to rely on the “New Zealand Pilot” in coming to Stirling Point, and had the right to expect to find a pilot there. It was a serious matter that there was misleading information in the “Now Zealand Pilot.” It was suggested that he should have stopped at tlie three-mile limit: but there was no three-mile limit. How else would tlie Shaw Savill Co. have made a request that their vessels be boarded two miles out? He defied anyone to show him in the official books how u vessel was to get out of the harbour after reaching Stirling Point. Counsel was very scathing in his criticism of Hie way in which pilots were made available for vessels. •There were enough of them, in all conscience: but they all crowded on to the tug and went out to get her. If a captain got his ship into any difficulty through fault of his own ho was cer-

tainly answerable; but where he got into a hazardous position through no fault of his own but through the negligence of the Harbour Board then the captain was not responsible. The evidence showed conclusively that the difficulty was brought about by the officers of the board and not by the captain. If there was any meaning in the words at all, ttie captain had a right to expect to come as far as Stirling Point, where a boat was kept in case of necessity. Klaborating on this point, Mr Hanlon passed very severe-censure on what he called those lazy night watchmen and day watchman who did not report to the harbourmaster until it was too late. There should be no such thing as too late in giving information about an approaching vessel. For a whole hour the Knight of the Garter was coming on and on, and yet these men did not think it worth while to communicate with their superior officer. The'captain was navigating by the very latest Admiralty chart and that chart showed that a pilot could be obtained at Stirling Point. He had a right to expect that the international code should be respected. But it was not a fact that there was a semaphore arm at Stirling Point. It was not a fact that there was a signalling station there. It was not a fact that there was a pilot within 500 yards. The chart further instructed him to keep three beacons in a line, and that course would have taken him ashore. The captain was further justified in bringing his boat in when the pilot failed him, as he had a full powered vessel and the official Instruction was that full powered steamers could come In

at all states of the tide. If the harbourmaster had done his duty he would have gone out with the tug, and If ho could not get aboard he would have led the vessel Into safety and given instructions. Captain Finnis was in a hazardous position and had to decide for himself what was best to do in the circumstances. The proof sheets of the nautical almanac had been sent to tlie harbour officials to be corrected: but the officials were so Inert that they allowed the most egregious blunders to remain in the official book. They did not go to the trouble of changing things in that book which, if a mariner relied on it, would get him into trouble. Counsel had nothing to say against the port. He did not suggest that it was a port where accidents frequently occurred; but lie did complain most bitterly that a captain should get himself into a mess through the carelessness of the Harbour Board's officials. Counsel also contended that when tlie vessel lay stranded It was neglected by the harbourmaster and, the tug. Whatever was the result of the inquiry, there would certainly be changes in the books and charts on which mariners relied. They had the very latest and It was wrong, and the nautical almanac was egreglously wrong. So long as the captain had exercised all the care that the law called upon him to exercise, the Court must find that the captain must be exonerated from every, charge that might be urged against him. The Collector’s Address. Mr Spence submitted that in ports where pilotage was compulsory there were local dangers to be avoided. He suggested that the warnings in the “New Zealand Pilot” were sufficient to warn the captain that there were local dangers of which he was Ignorant. The captain also knew that it was customary to go into tli © port at slack high or slack low water. He would admit that there might be exceptional circumstances in which a captain might be excused for coming in; but on the morning In question the sea was perfectly calm and there was excellent anchorage at the red buoy. Two blacks did not make a white, and if the pilot was at fault that did not justify ... , ...itl . „

the captain m coming in wunout a puui.. He was guilty of a grave error in entering the harbour. The master In the first instance was not justified in passing the red buoy. He knew very well' the practice of coming in only at slack water, and he had no right to expect a pilot to take risks that were deprecated. The awkward position of the vessel at Stirling Point was entirely brought about by the captain coming into tlie harbour. But, having so done, be should have anchored. He said that it was not safe to anchor at Stirling Point, and yet he had afterwards anchored in the nortli channel in tlie same rate of tidal current when he floated off the shore. Whether or not the master was justified in his efforts to get his vessel off the rocks was a technical point that could be left to the assessors. It could be mentioned, however, that steps might have been taken by which further material damage to the rudder plight have been avoided. Tlie non-attendance of the pilot had indirectly caused the casualty, because, had he been on board, lie would not have brought the vessel in and there would have been no disaster. It was certainly the duty of the pilot to meet a vessel as soon as she entered the harbour and I to give advice about anchorage, etc. Ho } drew attention to tho fact that the chief j pilot had not gone out when he first got j word of the vessel at ten minutes to six, i and did not even warn the watchman at Stirling Point to have the boat ready to . stand by in case she was not anchored, j Air Spence maintained that it made no difference in tlie pilot’s duty whether the i vessel was anchored or not. There was | no doubt that the laxity in the watching ; at Stirling Point had been a great factor , in contributing to the present trouble. | The information in the "New Zealand Pilot” and Hie Nautical Almanac was certainly inaccurate and should be corrected. The signal service at Stirling Point fell short of what might reasonably have been expected by Captain Flunks; but it did not justify him in coming past that place. With regard to the question as to whether the harbourmaster was negligent In the performance of his duties after the Knight of the Garter had been stranded, Air Spence contended that Cap-

tain McDonald’s local knowledge would have been of material assistance to the master of the boat. The addresses to the Court were nnished shortly after six o’clock and the magistrate announced that the finding would be declared at nine o’clock in the evening. At that hour the Bluff Courthouse was again crowded with sea-faring men and others who had been following the course of the inquiry with exceptionally keen and critical interest.' (The finding of the Court will be found on page five. —Ed. S.T.)