LOSS OF THE JANE DOUGLAS.

Colonist, Volume LIV, Issue 13315, 16 January 1912, Page 4

LOSS OF THE JANE DOUGLAS.

MAGISTERIAL ENQUIRY

The magisterial enquiry into the cause of the wreck of the steamer Jiine Douglas iv the Stephens' Island passage in "Wednesday morning lusu was resumed yesterday morning before Mr. J. S. 'Evans, S.M., and Captains H. Macnab (Nelson) and \\. J. Gray (Wellington). Mr. T. M. Cullen (Coilcctov of Customs) represented tho Marino Department, and Mr. A. T. Maginnity appeared on behalf of Captain Vendors and Mr. A. Ingram, master and materespectively of tho vessel. Tim evidence of Captain Charles Vondora, master of the Jauo Donglas, was continued. Witness stated that he did not consider the Stephens' Island passage dangerous, either by night or day, provided the land could be seen, lie was not aware of the instructions in tho "New Zealand Pilot" (issued by the Admiralty) cautioning masters of vessels against using the passage. He knew tho locality from his boyhood, having ■fished there, and he went on his own knowledge. (Witness then _ stood j down while Captain Hay's evidence was taken.) Captain R. J. Hay, master of tho Nikau, stated that lie was iii the j Straits practically every night in the I week. He knew the Stephens' Island passage. When the tide was unsuitable at the French Pass ho took this passage, because outside Stephens' Island there was a bigger rip and a bigger sea. Ho would take the passage unless the Weather was thick and he could not see the land from a distance of two or three miles. He was in the Straits last Tuesday night, having left Wellington at 5.55 p.m., and ho got to the French Pass at 1.40 a.m. on Wednesday. A fresh southerly was blowing, with a moderate sea. If he had missed the tide at the French Pass that night'he would .not have had any hesitation in taking the Stephens' Island passage. In taking that passage he would steer by the compass and keep observations on the land. If it was too dark to see tho land he would not risk going through the passage by the compass, because tho tide .might set the vessel out. The safest-course between the mainland and Toworßoek (where the Jano Douglas struck) would be about mid channel. Masters of vessels would not take the passage if they did not think it safe. In going through all passages masters had to keep their eyes open. The "New Zealand Pilot" was accepted as a guide by mariners. He did not consider the passage was as dangerous as made out by the reference in the "New Zealand Pilot." The Hinemoa used the passage between Saddle Rock and Stephens' Island. On the night of the_ 9th ho would have seen a rock the size of the Tower Rock at tho French Pass a mile away. He would not givo instructions to tho engine room to "stand by" in going through tho Stephens' Island passage. He had been through the Stephens' Island passage a good many times with other masters, and had never heard "stand by" rung. If the Jane Douglas steered well, he did not think an hour ebb tide would effect her in going through the passage. There was no greater-risk in the Jane Douglas taking the passage than a larger vessel, say the Pateena.

By Mr. Maginnity: To his knowledge vessels, both large and small, had taken the Stephens' Island passago for years past. Under the weather conditions obtaining on the night of the wreck he would say it would have been safe to take the passage-. The ebb tide and south-east wind would cause a spray, and make Tower Rock more difficult to see. He agreed that tho course adopted by Captain Vendore off Rangitoto Head was a safe one. If the conditions were the same at Stephens' Island ns they were at the French Pass on Wednesday morning last ho would have taken the passage. At Cape Stephens tho ebb tide would set tho vessel outwards, but not before she. got there. Tower Rock would bo almut a irile from Cape Stephens. The only explanation he chuld give of the wreck was that the tide had set the vessel •lit.

Captain Vendors, continuing, stated that in going through narrow waters ho did not put 011 a look-out man; he kept a' look-out himself. "Ho took no soundings' before approaching the passage. Only at tho French Pass he gave orders to tho engineer to "stand by." He considered the vessel was set towards Stephens' Island by the first of the ebb tide from Rangitoto Head. Cv Mr. Maginnity: The vessel would bo a total loss to tho owners, as sJio was uninsured.. Ho had been through .Stephens' Maud- passagefifty or sixty times, and had fished about the locality for a week at a time. He took the passage to avoid the rough water outside of Stephens' Island, and did not consider he was running any risk. In view of nil the circumstances he considered it was a prudent course to adopt. To go through the passage was not n short cut. He knew of nothing beyond inevitable accident that caused the accident. He was deceived by tho tide rip. At the time of the accident he was watching for the rock. No complaint had ever been made against him by the authorities or tho owners for careless navigation. He kad no reason for believing that tho fireman was not ia the engine room when the steamer struck; it was the engineer s watch below. The fireman was quite capable of working the engines in case of - emergency. Before she struck tkere was nothing to indicate that the vo'-.sel was not on .1 safe course. He had no reason to believo that tho compass was faulty. All the men were doing their duty, and he was keeping a close watch. Ho still considered the passage quite safe. By the Court t The sails set did not interfere with his vision. There wero 27 tons of barbed wire in tho forehold and some cases of galvanised iron, but he did not. think it affected tho compass, it had never done bo faeforo. T Archibald Ingram, mate of the Janp Douglas, stated that he was on the bridge from 8 p.m. to 10 p.m. The steamer steered a good course right across the Straits, but was inclined to give a little. The fore try sail did not interfere with the look-out from tho bridge. He was below when tho steamer struck, and was awakened b,y thecrash. He went into the alleyway, and saw that she was on the rocks. There.was a joljbjo on, but not a heavy sea. Ho heard the captain order the boats out. TJIO port boat was lifted ont of the chocks, thea the steamer went broadside 011 the rock, and the order was given to get the other boat ready. When the other boat was dear the steamer straightened up, and the captain gave orders to get the first boat out, which they did. The steamer then heeled over again, and settled down very quickly. He ordered the men into the boat, and called to the skipper, who did not hear him. The steamer went down with the skipper, and they stootfby until he carac up and got him into the boat. They then pulled about for four hours, as they could not get round Cape Stephens owing to the set of tho tide. By Mr. Maginnity : The Jane Douglas wos a splendid vessel to steercould not be beaten. The mainland could be plainly seen. ' By the Court: From the boat Tower Rock could ho seen half .a milo away, and Saddle- Rock a mile away. Tower Rock loomed up big when they were naar it, but there was :i lot pf spray about.

Goorpo McCarthy ISrown, engineer of tin Jano Douglas, stated that tho stqamcr carried two firemon, who took six hour watches, he being up and down at any time. The machinery was in good ord^r. The only time he stood by tho engines was when they "went through tho French Pass, but there were standing orders to the firemen to call him immediately if anyI tiling was wrong. The engines V>uld Ibe reversed by the fireman in half a minute it Si« was Jfirafly and witness

was not about. It was the_ duty of! the fireman to be in tho engine room j ihjc on deck. He v.as a sleep, when the] .VBa-sel struck, Imfc he »as in ti>-.: I'Ji-, jViti > room a »nuutes auorwara.-;. he1 got tne order iro'm the bridge to stop, | then hali-speed as>tom. lie Btood by, until ho was culled ou deck, and the engines were then running half-speed astern. He went into his berth to get sonic valuables and a life-bolt and hearing a peculiar sound from the engine room, which indicated that tho propeller shaft had broken, ho went below and stopped the engines. He with the others got into the port boat jusi as tho steamer was settling. The sbip's boat was in a sinking condition owing to the knocking about she got against tho funnel. The boat also , shipped a big sea after she was ( hwiicliod. They kept her afloat by 1 biding. Jiy Mr. Maginnity: The firemen hctJ quite capable of executing any orders from the bridge. He had been through the passage several times. When the rip was very bad the captain had told him .to keep handy. John William Woolf, A.13., gave corroborative evidence in regard to the course steered between 10 p.m. and 12 p.m. He stated that the night was cloudy, but there was a moon, and ho had no difficulty in making out the land. Tho fore try sail did riot obscure the view as it was too high up. ■ x Thomas Thompson, A.8., who was at the wheel when the Jane Douglas struck, also gave evidence. He was a stranger to the l«cality and did not know the names of the places. He saw land on the port side, but did not know hmv far away it was. The captain was.' on the bridge with him. No alteration in the courso was made while he was there. He had a clear view ahead from the wheel. John Bernard Heuchan, fireman, deposed that ho was on duty when tin? vessel was lost. He was in the engine room when she struck and went to call the engineer, but met him coming to the engine room. The latter took charge while- he went to assist with tho boats. There was a big choppy sea and ho did not notice the rock at any time. He received no ordors to staind by. He had been through tho passage: on previous <x/easions and never received any orders te si and by. When he first came on deck tlie spray wag breaking over the steamer. This concluded the evidence. Mr. Maginnity addressed,,the court at considerable length. He submitted that in the circumstances the Court would be justified in finding-.the casualty was the result of an inevitable accident or an excusable error ofcjudgn'ent. He pointed out that the evidence of the master mariners cal'.cd jby the Customs went to show that I the course was a perfectly safe one and those circumstances taken in conjunction with the fact that the captain of the Jane Douglas had made a practice for somc> years of adopting this qdurse should weigh with the- Court in'finding in the manner he indicated. The Court would have to consider whether nndrr any circumstances the captain was justified in adopting the passage in preference to going outside of Stephen's Island but the captain himself stated that in adopting this passage he avoided the heavy sea outside and tho severe tide rip which would -take him at least an hour or an hour and a half to get through. This Mr Maginnity submitted, afforded justification for the navigation of the passage. He also urged that the passage could not be deemed a dangerous passage and in support of this he referred to the evidence of the master mariners who were submitted for examination. He instanced the dangero'is character of the navigation of the French Pass, and he also submitted that notwithstanding the danger of that Pass-it was invariably adopted when tides were suitable rather than tho longer courso round Stephen's Islatid. Viewing the whole of the circumstances and the evidence adduced, V.r Ma.'iinnity had no hesitation in ; submitting to the Court for ; its' favourable consideration the conclusions which he had sug- • gosted to tho Court to adopt. On the quprt-ion nf costs, which had boen mentioned by the Collector of . Customs, Mr. Maginnity submitted that n-o order should bs made involving the captain in the payment of any eo.'ts.

The Court reserved its decision, which will ba given at three o'clock this afternoon.