The Penguin Disaster.

Te Aroha News, Volume XXVII, Issue 4381, 4 March 1909, Page 3

The Penguin Disaster.

MARINE COURTS FINDING. CAPT. NAYLOR GUILTY OF NEGLIGENCE. CERTIFICATE SUSPENDED FOR 12 MONTHS. NOTICE OF APPEAL LODGED. Wellington, March 2./ The judgment of the Marine Court in the Penguin enquiry was that the vessel was well found and the boat f drill was properly carried out; that v under the existing conditions when she had run 18 miles at 9.40 p.m., the ship’s head should have been put to sea; that the master was guilty of a breach of the regulations prescribing moderate speed in a fog, mist, or heavy storms; that the cause of the accident was the exceptional strong flood tide, but the casualty could have been prevented if the vessel’s head had been put towards safety, which in fact Captain Naylor was doing 22 minutes later when it was tdo late ; that soundings should have been taken and though not actually necessary it would be a great assistance to masters of costal vessels if they were provided with patent apparatus. The Court considered that the lifeboats should be fitted so that the steer oar could be used ; that the Marine Department should obtain the latest' data re phenomenal currents in the Straits ; that the boats should have a rope wove through the keel to assist the people in hanging on when they capsized. Captain Naylor’s certificate was suspended for 12 months, but no order was made for costs. The Cpurt said it was far from satisfied that the vessel struck on Toms’ Rock, but from the evidence it could not clearly define the spot. i In answer to counsel the Court agreed to fix the costs of appeal. Captain McArthur, one of the nautical accessors,' dissented from the finding, holding that Captain Naylor should have moderated' his • speed, but did not consider that it would have prevented the catastrophe which in his opinion was caused by j the exceptional tides setting the vessel out of her course in a way that could not reasonably have been anticipated. He did not consider the soundings would have been of any use as they were not reliable.

A DIFFERENT FINDING.

’ ' /\ Wellington, March ■ The verdict, of the Penguinquest was that the course laid do' was safe, but was affected by adve. winds and currents and by t master losing his bearings; that tl conduct of the officers and crew wa admirable ; that , the Union Co. police, and others had done all they could for the welfare of the survivors; that a light on Tongue Point is desirable and the Marine Department should take steps to locate the Penguin’s hull.

MERCHANT SERVICE GUILD

FINDING AGAINST CAPTAIN NAYLOR. Wellington, March 2 ■ The Merchant Service Guild is appealing on behalf of Captain Jfaylor, late of the Penguin, against the finding of the marine inquiry.