THE WRECK OF THE PENGUIN

Star (Christchurch), Issue 9534, 5 May 1909, Page 4

THE WRECK OF THE PENGUIN

CAPTAIN NAYLOR'S APPEAL

[Per Press Association.] WELLINGTON, May 4. The appeal of Captain Naylor against the decision of the Nautical Court, which suspended his certificate for twelve months in connection ' with the wreck of the Penguin on tho night of February 12, was continued in the Supreme Court to-day. Hie Honor Mr Justice Cooper presided, and had with him Captains Lake and Grey, assessors, Mr A. L. Herdman appeared for appellant, and Mr M. Myers for the Marine Department. \ Captain Naylor, recalled by Mr Herdman, said that when the Penguin struck she _ appeared to strike on the starboard side with a gliding blow. She was a single bottom iron vessel, fortysix years old. A submerged spar might make a hole in her. After the vessel struck he went full speed for three or four minutes. She went slow for eleven or twelve minutes, and then stopped. At no time before the Penguin sank did he hear the breaking of waves. No breakers were in evidence. It took the rafts and boats about three hours and a half to reach the shore after they left the vessel. He did not see Karon rock on the night of the wreck. He passed a vessel about 9.30 o'clock, and altered his course about three-quarters of a point to let her pass, and then stood on his course again. The Penguin was hand steered. In a heavy sea it would take two men to manage the wheel. Crosa-examined by Mr Myers: Witness admitted that a great deal of notice was not taken of the registration of the log crossing the strait. ' Mr Myers: Why not? Witness : Because of the tides.

May I take it that that makes navigation in the strait more difficult? — Yes.

That is quite a fair way of putting it?— Yes. . J * *

Then when you find that your patent log says 8 or 10 or 12 miles, as the case may be, you do not place any re liance on it? — You take it as a check. You take the speed into account. Who would look at the log? — One of the officers.

How many times did you look at the log on thia particular occasion? — I cleared Tory Channel ; at' ten minutes to eight, and set the log at eight o'clock.

Witness, continuing, said the log was looked at at nine o'clock and at 9.30.

In answer to another question, witness said that he was now of opinion that whatever the Penguin struck she came in contact with something three miles off Sinclair Head.

Mr Myers : Is it not a fact that you saw the loom of the land three or four minutes after you struck? — No, not so soon as that.

When did you change your mind as to Avhere you were when you struck? — When I heard the evidence of the other witnesses and marked <off the course on the chart.

When did you think it was not Tom's Rock but something else you struck? — It was after the' inquest.

What caused you to alter your mind ?

The captain replied that the course he had set, the course taken by the Kennedy, the fact that the vessel had not been found, and other things weighed with him. He did not say that he was going to condemn all the evidence that had been given at the inquiry respecting currents.

Mr Myers: Do you say that if the current was the strength -tated by the witnesses you were still on your course?

Witness: If the current was six -or seven knots I may have been a little inside where I marked on the chart.

After some argument as to what was said by the witnesg in the nautical inquiry, Mr Myers asked: Do you, or do you not, believe that there was an abnormal tide in the strait that night? '

Witness : Yes., there was a good tide,

What do you call a good tide? — I call four knots a good tide.

In reply to another question the witness admitted that the stronger the tide the greater the probability would be that the vessel would be carried out of her course.

Re-examined by Mr Herdman, witness said that if he did strike Tom's Rock he had been set out of his course by some phenomenal tide, but after taking; all the evidence into account he formed the opinion which he had stated to Mr Myers. If the vessel had struok with her starboard side on Tom's Rock it was almost certain that he would have heard breakers on the shore.

Captain Holmes, master of the Terawhiti, stated that on February 14, two days after the Penguin wreck, the Terawhiti was round, in the vicinity of the wreck. He saw no wreckage to speak of. On the Saturday following, however, he noticed a lower mast about two miles south-east of Sinclair Head. Witness had been in several oi_ the Union Company's boats. As captain of the Terawhiti he had visited the locality of the wreck ,several times. On February 19, when bringing rafts and boats round to Wellington,' the Terawhiti had to "clear out" owing to a heavy south-easter coming up. The boats were towed for about an hour, when one of the painters broke away. He decided to leave it, as there was too muoh sea to attempt to pick it up again. At this time he was in the vicinity of Sinclair Head. The boat was allowed to drift.

Cross-examined by Mr Myers: He reported the fact that he had seen a mast to the Customs. Witness made no attempt to pick up the mast he had referred to. The fact that a mast had been seen had been mentioned # in the newspapers, _ and it had been discussed among nautical men. The boat he had referred to broke away about 1 p.m. on February 19. G. O. Buxton, chief officer of the Weathersfield, said that in January last he was chief officer of the Komata. On January 10, when in Cook Strait, he saw a brig named the Rio Logo. The vessel was on her way from Kaipara to Dunedin, but had never arrived. If the vessel was water-logged or had capsized she would keep "awash." Captain Beridall, master of the Wairau, said he was in the Strait with his vessel four days after the wreck of the Peuguin, and saw quantities . of loose kauri timber floating in the Strait between Sinclair Head and Terawhiti. One day he also passed two mattresses and a pillow. He took them to be Union Company's mattresses. . Cross-examined: He did no_ "log" the incidents he had referred to*; The timber he had seen would nqt do any harm.

Mr Herdman said that this was all the evidence he intended to call.

It was agreed that certain reports collected at Auckland relating to the Rio Loge should be put in as evidence.

Captain Naylor, recalled, said tfyat the Penguin carried no sawn timber on the occasion of the fatal trip.

Mr Herdman read extracts from the reports put in, showing that a submerged object had been seen off the Kaikouras on February 10, with waves breaking over it. and that a lifeboat bearing the name "Rio Loge" had been found at Island Bay early in March.

Captain Blackburne, nautical adviser to the Government, was called by Mr Myers. He said he had carefully examined the evidence given at the inquiry. There would be no difficulty in taking soundings from Tory Channel to Sinclair Head if a ship was equipped with a patent sounding apparatus. Witness controverted the statement that the tide predictions of the " New Zealand Pilot" and the charts were not absolutely correct.

Mr Myers said he would demonstrate positively that no seven-knot current was in evidence on the night of the wreck.

Mr Herdman disclaimed that any attack had been made on the " New Zealand Pilot" or Captain Blackburne (the editor).

Witness, continuing, said that the tidal predictions could not be relied upon in any part of the world for half an hour.

Mr Herdman addressed the Court on behalf of Captain Naylor, contending that it had not been proved that his client had been guilty of careless navigation. The evidence that had been brought on the other hand indicated that Captain Naylor had steered a correct and safe course, and there was nothing in the evidence to show that the Penguin had gone down on Tom's Rock.

The hearing will be resumed to-mor-row.