DECISION OF THE COURT.

Timaru Herald, Volume XL, Issue 2919, 31 January 1884, Page 8

DECISION OF THE COURT.

Auckland, Jan. 7. Judgment was given to-day In ruspect to the Triumph casualty. Mr Soth Smiih, 8.M., :*nd Captains James and Fratur, Nantioal Assessors oocnpied tho Bench, and Messrs Hesketh, 0. Button, G. N. Bra3Bey and J. I>. Russell, learned counsel engaged m the mutiOr, wore present. Mr SnitU, m delivering judgment, snid — 'After stirefnlly considering tho evidence m this case, wo have to the conclusion that tho sug'gestiDu or ohargo brought against tho master cf the vessel of inebriety on the day of the oofmalty has no evidence to show. On tho contrary, we hare evidence ahovrini; he was perfectly sober all day, and up to the time of tho stranding of hia ship. We think, aUo, that tho evidence brought before uh afford* a f nil explanation of tho manner m -which tho casualty camo about, thai is to say, iating into consideration the fiict of tho brdor given by the niastor to the qmtf ter-mastor to steer with Tiriiiri light on the port bow, coupled with the fact that the quarter-master did stoer m that way for twer.ty minutes, and that tho mustor was asleep nearly the whole of tbut time, fully explains tho position m which tho vessel Tras found when nho struck on the rock. I): tho vessel bad boon steorod m this way, and the light ha 3 been kept as the quarter-master has said ho was ordered, on tho fore-rigging, shti could sot have got where she did, and wo thorofoi'C conKidar that during ho'r ooun«> sbo must Su.vo beon swerving to wortwiird. Wn have v nketoh map proparod by the AssossorH, showing tho way m which she wa« steered, ami tie course on which sh>! was when tho pi ot left hor, and from it it m I evidont that she swerved ronrid to tho noirtliivost, which was hor position when sho sfcracl; tho rocks, so that there romains no longer any mystery as to how the ship came into unis position. The fact that the ordor given to the quarter •mastor wag implicitly followed by him fully oj plains how the vessel oamo to titriko tho rook. This being then a fnll ci- , planation of the casualty, the quns'riou] for us .'. to ' consider is on whom doe.i tlio responsibility for tho caualty lie. Mow hoW> It ■ seems to n.s that wo ciicnot accept the statement mado by the man on the lodk-ont, that he hailed tho bridpo rit a lime wlion tho ship was distant at leaet a mile from the poiab of danger* whioh, at tho rate F.ho was then trivolliiig, wonld have allowed five and a half raiatttesto olapso before she reached tbo spot whoro she struck. We boliovo tho real state of things was, as the quarter-master himself statoH, that no alarm was given by tho look-ox t. or by anyone olso until tho lart moment, whon both look-out and qoai'tormastor Bimnltanoously perceived the dangnr of the position. Onr opinion ia thai) tho look-ot.t must buvo been dozing, and not until the alii;.} was actually on tho point of strrL'riag wiis thiuro any alarm given by him. We are of opinion that tho mastor waa ia fault m allowixf tho casualty to happen, and upon his own confession. A most serious matter, m which the fault attachod to him , is tho foot of his gorig to sloop whilo on duty. Wo think also fiat tbore are some othra: mivtters that we awihot pass over m silenco, whioh show nt any : rate & want of oaro on bin part. Wo believe that he was attacked by sleopiroas, caused, as ho himsolf snvs b.y working on tho day of tho vessel's <Jopurfcuro, onil by exhaustion reßolting rlrom BUffcrinj? and want of sloop oansad bynquralgia, but b'oing m that Btate ho should riot have tniHtod to his own powor of watohfulnoss, but Hhonld havo kept someono with him on the bridifo. Thero was a greater neooseitr; on oooomit of his drowsiness for him to take euro to lihvo hod assistance) at hand. 111 tho noxt plodii )>o should not havo givon suoh an (irder totfie qudrtcr-mastor as to steer by tho light on tho port bow, which, aa tho ovidonce showed, thronffh boing followod implicitly, kd the ship into danger. He should hnve given a conTM by oompaflg. It sooma to us also that ho ouf;ht to havo placed a man at sorao point botwesn tho forocastlo hoad nnd tho bridge, to report any order givon by him, or any warnings, and more especially ai> from tho direction m whioh tho wind was blowing. We bavo also come to the conclusion thai; tho master dopurtod from what m considomj a gannml rule on board ship, m not having himself tuicortaincd who wait tho man on tho lookout, S'> as to be aware what degree of responsibility could bo reposod m him. According <» liig i>wn MtateniOnt he did not at the tirou know who the man was, Taking the whole oirotim»tanc3». into connidoration, we must ooiuo to <ho coiioluoion that the ovidrmeo discloses a want of card and forosight on tho part of tho master nmonnting to »nch groi3 carel<m3niißß thtt.l; wo think that suspension of hit; o-jr-tiflcalio cannot be mado for a loss poriod than -Uireo years. Wo noxt oomo to t'hn conduofcol: the ohief bftioor. Horo we oe.U attention (» the fact of tho mnßatisfaetory and I may Hay uptrnthful way m which bo g».vo hiii ovi(tonae, as for instance m his denial of tho Htatoinont that ho wa3 to go forward and whistle when the yards wero squared, or that hd gavo that ordor to squaro tho yardH at nil, bat meroly to haul m tho starboard bmooe. But jiutting that aside, we are of opinion that ho Hhowod n nogloct of duty m not« keupinif a look-rit while on' dook. It wail an important, if not tho most important .part of hi8 Pj ,duty then, while he wan, otherwise om))l(>yod, to have assUted tho mastor m this rosnoot. , Wo are thoreforc of opinion that his oortillcato Bhould bo suspended for bix months. Tho' iiucond officer wo look npon o& boing froo <Vom bliimo, and his oOrtificato will bo returned. Tho Court oannot conclude without rofiironce to thaaonduofc of the quarter-master Gasman. His continuing to steer an ha did wit hem 6 aalling tho ttttontion of the mtwtor showoci a rioglipt of; duty. O'Halloran. tlje look-out, waf ivlso gntlty of sorious ncgloofc of duty m not Mlling- ottontion to the poiiition of tho voßßiilbefOro ho did. Tho Niiutioal Ajsosiwrs doKire mo also to, mention, although it cfooH not ««tnally ariao out of tho onqniry. that m orflo;; to iwoid casualties m futnio, the limits of pllotftL'n should be oxtonded boyond ' tho Shiairnr Book. The judgment of tho Court is that the master's aortificute be suspou^etj for thro.' i -yours, and that ho Mial] pay throofourllm of tho oosts of this inquiry , and" tliat the chioi' officer's oortiflcato bo sniipondod for, Bix months and that ho pay ono-fourth of tho obwtil. ; :

Xho proportioa of uo3ta, accotdiiif to a

! schednle mode'up by the Clerk of the Court was, Captain Brother ton, w£72; ohief offioer Owens, £2i; but these fiyures were largely reduced, muny of the witnesses deolininir to take any costs. Thoy therefore stand — Captain's oosta, ; mate's costs, .£2l.