MAGISTERIAL ENQUIRY.

Colonist, Volume LIV, Issue 13316, 17 January 1912, Page 2 (Supplement)

MAGISTERIAL ENQUIRY.

i (From "The Colonist," Jan. 15.) A magisterial enquiry into the circumstances of the wreck of the Jane Douglas, which occurred in the. pasi sage between Stephens' and D'Uri ville's Islands in the early hours of Wednesday morning last, was held at the Courthouse on.'Saturday by Mr. J. S. Evans, S.M., and Captains H. i Maenab and W. Gray (assessors). Mr. T. M. Cullen (Collet-tor of Cus- ; toms) represented, the Marine Dopart- ; ment, and Mr. A. T. Maginnity, instructed by the Merchant Service i Guild, appeared for Captain Vondorc and Mr. \V. Ingram, tlie cliiof officer of the vessel. The Collector of Customs, in open- [ ing, said the questions for the Court to decide were: (1) Whether under | the circumstances the course steered , was n proper and prudent one; ('2) I tvhaUior tlmt'purt «i. tlu> fn:l=t is (I.ii- ' i gerous, and whether a look-out ivas kcj)t; and (3), whether the casualty wsis due to the improper act or do- ! ■ fault of the master. } Mr. Maginnity stated that Captain : Vendore's certificate had gone down ; i with the Jane Douglas, and that Mr. j Ingrain's was on the "West Coast, and ? had been sent tor. ■ :■: The Collector of Customs called the .• following evidence :—. Captain J. G. Watson, master of • the I'ateeiia, stated that lie had 12 . years' knowledge of the locality of the - tt-rock. Ho left l'icton at 2 a.m. ou - Wednesday for Wellington, having - delayed his departure owing to a wire > from Cape Campbell that there was a heavy southerly wind and increasing s sea in the Straits. When ho got into 1 the Straits he found the sea moderate The use of the passage between Stephens' and D'Urville's Islands was prohibited by tho Union Steam Ship Company, 110 believed a general warning had been issued by tho Marine" Department about nine years ago against the usp of this passage, i owing to the erratic tides. The West--1 port Coal Company's vessels were not , allowed to uso this passage, but the t Blackball Company's steamers still go t through it. I'or a small steamer like 1 the Jano Douglas it would be quite s safe to work, tho passage on a clear - night. With a south-east wind and 2 at" ebb tide there would be a nasty ' rip outside. Stephens' Island. He 3 would not consider it necessary to t take soundings on going i' through tho Stephens' Is--1 land passage at night. If a master t could not see the mainland suffieientr ly clear to judge his distance he i' should go outside the island. In a small boat he did not think it would ? be necessary to keep a look out, as i tho man on the bridge, being higher i up, could sec as much as the lookf out. 1 Uy Mr. Maginnity: The Blackball 1 Company's steamers, perhaps 1000 2 ton vessels, went through the pas--1 sage, while the Jane Douglas was only 7o tons. It would be prudent r lor a man to use the passage if he I' was used to it, on the 10th. The > effect ol' the south caster against the « el)'; tide would sot up a spray and - obscure the rocks. If the weather i was clear and tho land could be seen he did not consider Captain Vendor? 5 was taking any undue risk in going - through the passage. When he camo ; down tho Sounds on AVednesday s morning the weather was t;lear ? enough to see tho land, although r overcast, and there was a moon, 1 which was occasionally obscured by r drifting clouds. Captain Charles Vendore, master of the Jano Douglas for 4J years, stated that be was a native of Nelson, and all his experience had been in the Wellington-West Coast trade, lie was fur a time master of the Wairau, and had been mate on the Anchor Company's steamers. AVhen in tho Anchor vessels he had been through the Stephens' Island pass:ige. Even in bad weather, so long as he could see the land, he would take the passage in preference to going outside. In negotiating the passage the steamer was only in the tide rip about two minutes, while outside the island the rip might continue for n couple of hours. The tide rip would have an effect on a bad steering vessel, but the Jane Douglas was a good steering vessel, and the rip had no effect on her. The Jane Douglas (which was not insured) carried nine hands (including himself). On Monday evening, at 5.15, the Jane Douglas* left Wellington for Hokitika with general cargo. She was drawing 7 feet 6 inches aft and 4 i^et 2 inches forward. She was a well found vessel. In the Straits there was a fresh south-easter blowing, with a moderate sea. Witness'described the course lie steered until tho passage was reached. When off Jag Rocks he-changed his ; ! course to N.W.i W. Tho Tower Rock lou which the vessel struck at 12.15 n.m. was N.W.i N. from the point he changod Inn course Tho course ho i steered should have, carried him clear

of the rock. When ho chnmged- hi'j course after 11 p.m. ho was 7 'nrik-s off Capo Stephens and 3) milos off llanßitoto Island. Tho weather was overcast, but the moon wfts up. W lion he changed his course ho could sue Cape ! Stophons ami Raugßolo H«Jftd. It was blowing hard south east frith considerable sea. Toww Rock was half a mile from tho mainlatid. When entering the passage the mainland could be made out quite oaAily. He could not t<?)l from his view of the mainland that ho was too far out; Jhcv;judged, that he was on a safe course;.:- Ho did not see the rock before th\ vessel struck owing to the seas breaking over it in the rip. The tide was, ebbing to the eastward, and set tho rip further out towards Stephen's Island. Ho usually steered along the «lgo of the rip. When the vessel struck he kept the engines going to keep her on the rock. She was then travelling about I 8 knots, but her full speed was 9£ knots. He told the crew to ,'got tho port boat ready. The engineer then informed him that the shaft had broken, and he stopped the engines. The vessel slipped round broadside oh. The boat on the weather side; was got 'ready, and also the lifeboat.on the lee side. Just as she Was in the davits the vessel slipped off the rock and paid off into the sea. lie- then instructed the crew to go to the boat that was got ready first. Thje crew must have got into tho boat just before the vessel sank. He went down with the ship and when he camo to I the surface the crew picked him up. They then pulled to Cape Stephens | and tried to make Port Hardy, but the tide was too strong to allow them to get round. At daybreak tlioy pullod in and landed on the beach. He attributed the cause of the vessel striking to misjudging the distaneo from tho land and being deceived by the rip. Ho reckoned that ho was the usual distance off the land. The vessel's compass had been adjusted twice since last February, the last timo about six months ago. He took bearings at Jackson's Bay about threeweeks ago and the compass proved correct. Jfo kept a compass error book but did not make entries in it, but put thorn down on a deviation card. When the vessel struck the 1 engineer was not in the engine room. The fireman was on watch but might not hay c been in the engine room. He did not consider the passage danger-; ous, and did not have a man standing by in the engine room. The enquiry was adjourned until 10 o'clock this morning. The magisterial enquiry into the cause of the wreck of tho steamer Jane Douglas in the Stephens' Island passage in Wednesday morning last was resumed yesterday morning bofore Mr. J. S. Evans, S.M., and Captains H. Macnab (Nelson) and W. J. Gray (Wellington). Tho evidence of Captain. Charles Vendore, master of the Jano Douglas, was continued. Witness stated that he did not consider the Stephens' Island passage dangerous, either b3night or day, provided the land could 'bo seen. He was not aware of the instructions in the "Now Zealand Pilot" (issued by the Admiralty) cautioning masters of vessels against using the passage. Ho know the locality from his boyhood, having fished there, and he went on his own knowledge. (Witness then stood down while Captain Hay's evidence was taken.) Captain 11. J. Hay, master of the Nikau, stated that lie was in the Straits practically every night in the week, lie knew the Stephens' Isi land passage. When the tide was unsuitable at the French Pass he took this passage, because outside Stephens' Island there was a bigger rip \ and a bigger sea. He would take tho passage unless the weather was thick | and l)o could not see the land from a distance of two or three miles. He I was in tho Straits last Tuesday night, having left Wellington at 5.5-3 p.m., and he 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 tido at the French Pass 111n + : nlfjhfc ho 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 the land he would not risk going through the passage by the compass, because the tide might set the vessel out. The safest course between the mainland and Tower Rock (where tho Jano Douglas struck) would bo 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 j eyes open. The "Now Zealand Pilot" was accepted as a guide by mariners. He did not consider the passage was as dangerous as made out by the veferoiico in the "New Zealand Pilot." The Hinemoa used the passage between Saddle Rock and Stephens' Island. On tho night of tho 9th he would have seen a rock the size of tho Tow or Rock at the French Pass a i mile away. He would not give inj structions to the engine room to i "stand by" in going through the 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, ho did not think an hour ebb tide would effect her iv going through the passage. There was no . greater risk in tho Jane Douglas taking tho passage than a larger.vessel, s;iy the I'ateena. __ By Mr. Maginnity: To his'knowledge vessels, both largo and small, •had taken the Stephens' Island passage far years past. Under the weather conditions obtaining on .the night of tho wreak 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 the course adopted by Captain Vendore"■off Rangitoto Head was a safe one. If the conditions were the same at Stephens' Island as thoy were at the French Pass on Wednesday morning last ho would have taken tho passage. At Cape Stephens the ebb tide would sot the vessel outwards, but not before she got there. Tower Rock would bo about a mile from Capo Stephens. The, only explanation he could give of the wreck was that the tide had set tho vessel out. Captain Vendore, continuing, stated that in going through narrow waters he did not put on a look-out man ; ho kept a look-out himself. Ho took no soundings before approaching the passage. Only at the French Pass he gave orders to the engineer to "standby." He considered the vessel was set towards Stephens' Island by the first of the ebb tide from Rangitoto Head. By Mr. Maginnity: Tho vessel would be a total loss to'tho owners, as she was uninsured. Ho had been through Stephens' Island -passage fifty or sixty times, and had fished about the locality for a week at a time. Ho took tho passage to avoid tho rough water outside of Stephens' Island, and did not consider ho was running any risk. In view of all tho circumstances he; considered it was a prudent courao to adopt. To go through the passage was not a short cut. He knew of nothing beyond inevitable accident that .caused the accident. He was deceived: by the 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 the ownara for careless navigation. -He.bad no reason for believing that;th<* fireman was not in 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 there was nothing to indicate that the vessel was not on a safe course. He had.-no reason to believe'that tlie compass was faulty. AH; the men were doing their duty, and he was keeping a close watch._ He still considered the passage quite »afel By the Court: The.sails set did not

inti'rft>ro'uitli his vision. Theri« were '..'7 ions of barbed who <v thu forfhold and s^ii"1 r-supo of gjlvani.sed I ] irmi, but ho did nut think it affected t]>o eompa-;-, it linii noicr clone so before. Archibald Ingram, mate of the June ( Doughs, stated tiutt ho was on the ( bridge from 8 p.m. to 10 p.m. Tha , steamer steered a good course light j across the Straits, but was inclined . to give a little. The fore try sail did , not interfere with the look-out from , the bridge. Ho was' below when the - steamer struck, and was awakened i by the crash. He went into the alloy- ( way, and saw that she was on the , rocks. There was v j'obblo on, but. I not a heavy sea. Ho heard the captain order the boats out. The port boat was lifted out of the chocks, then the steamer went broadside on . the rock, and the order was given to . get the other boat ready. When the .- other boat was clear the steamer ; straightened up, and the captain pave . orders to get tiie first boat out, which . they did. The steamer then heeled' over again, and settled down very ' quickly. He ordered the men into1 the boat, and called to the skipper, \'■ who did not hear him. The steamer * ( went down withtho skipper, and they , stood by until he came up and got him ■ j into t'ho boat. Thoy then pulled about for four hours, as they eouM ; not get round Cape Stephens owing to . tke set of the tide. By Mr. Mnginnity: The Jane Doug- , las was a splendid vessel to steer— ■ could not be beaten. The mainland could be plainly seen. - By the Court: From the boat Tower : Rock could bo seen half a mile away, and Saddle Rock a mile away. Tower \ Rock loomed up big when they were , near it, but there was a lot of spray ! about. Goorgo McCarthy Brown, engineer ( of tho Jane Douglas, stated that the steamer carried two firemen, who took six hour watches, he being up and ] down at any time. The machinery was in good order. The only time he stood by tho engines was when they went through the French Pass, but there were standing orders to the liremen to call him immediately if anything was wrong. The engines could be reversed by itho fireman in half a minute if he was handy and witness . was not about. It was the duty of the fireman to be in the engine room not on duck. Ho was asleep when tho vessel struck, but he was in the engine room a minutes afterwards. He got the order from the bridge to stop, then half-speed astern. Ho stood by, until he was called on deck, and the engines were then running half-speed | astern. He went into his berth to yet some valuables and a life-belt and hearing a peculiar sound from the engine room, which indicated that tho propeller shaft had broken, he went below and stopped the engines. Ho with the others got into the port boat just as the steamer was settling. The ship's boat was in a sinking condition owing to the knocking about she got against the funnel. The boat also shipped a big sea after she was launched. They kept her afloat by baling. Hy Mr. Maginnity: The firemen we;-'..1 quite capable of executing any orders from the bridge, lie had been through the passage several times. . When tim rip was very bad the captain had told him to keep handy. John Wil.iam Woolf, A.8., gave corroborative evidence in regard to the course steered between IB p.m. and 12 p.m. He stated that the night was cloudy, but there was a moon, and he had no difficulty in making out the land. The fore try sail did not obscure the view as it was too high u;i. Thomas Thompson, A.8., who was ab the wheel when the Jane Douglas struck, also Rave evidence. He was a stranger to the locality and did not know tlie names of the places. Hesaw land on the port side, but did not know how far away it was. The captain was on tho bridge with him. No alteration in tho eourso was made while he was there. He had a clear view- ahead from tho wheel. John Bernard Houchan, fireman, deposed that ho was on duty when tinvessel 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 ho went to assist with tho boats. There was a big choppy sea and he did not notice the rock at any time. Ho received no orders to stand by. He had been through the passage, on .previous occasion's and never received any orders to stand by. When he first came on deck the spray was breaking over the stciimer. This concluded the evidence. Mr. Maginnity addressed the court at considerable length. He submitted that in tho circumstances the Court would be justified in finding the casualty was the result of an inevitable accident or an excusable error of jud'gn'Oiit. He pointed out that the evidence of the master mariners cal'cd by the Customs wont to show that tho 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 some years of adopting this course should weigh with tho Court in finding in the manner he indicated. Tho Court would have to consider whe-ther under any circumstances the captain was justified in adopting tho passage in preference to going outsid« of Stephen's Island but the captain himself stated that in adopting , this passage ho avoided tho 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 passago could not be deemed a dangerous passage and in support of this ho referred to tho evidence of the master mariners who wore submitted for ex- ( animation. Ho instanced the dangerous character of tho navigation of tho French Pass, and ho 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 Is- i laud. Viewing the whole of the cir- , einnstances and the evidence adduced, .Mr. Maginnity had no hesitation in submitting to the Court for its favourable consideration the conclusions which he had suggested to the Court to adopt. : On tho question of costs which had boon mentioned by tho Collector of Customs, Mr. Maginnity submitted that no order should be made involving the captain in tho payment of any costs. The Court reserved its decision, which will be given at three o'clock this afternoon. Business on the Motueka'wharf was particularly brisk on Tuesday last (says the "Star) With three steamers and one auxiliary schooner discharging cargoes of timber and general merchandise. The steamers Defender < and Jano Douirlas arrived from Hoki- ■ tifca with 90,000 and 23,000 feet of ; white pine, respectively, for Messrs 1 Stihvoll and Co., the s.s., Kaitoa with 2000 sacks of coke for Messrs E. Bux- ! ton and Co., and the auxiliary scheon- , er "Jane" with 12,000 feet "of white ■- pino and ten tons of Tornkohe cement < for Messrs Stilwel and Co. j The Norwegian barquentinc Lindstol ' arrived bore on Sunday night from i Newcastle (N.S.W.). She had a good i run of five days-to the Spit, but "was : becalmed in the Bay for four cloys, a Ihe Lindstol brings 5G2 tons of coal a and coke for hero, and after difcharg- s mrr she will go to the Coast to load I timber. The b.irquentine has been t eharterd to make three trips from a Newcastle to Nelson. j j. I List evening an appropriation by It ballot was drawn in connection with i the Terminating Building Society, t when Mr. A. W. Clayden, the holder t of two shares, was the fortunate I shareholder. a