THE PENGUIN WRECK.

Star (Christchurch), Issue 9536, 7 May 1909, Page 3

THE PENGUIN WRECK.

0 CAPTAIN NAYLOR'S APPEAL DISMISSED. [Per Press Association.} WELLINGTON, May 7. Judgment was delivered this morning in the appeal .brought b^ Captain Naylor against his suspension for twelve months in connection with the wreck of the Penguin. Mi- Justice Cooper stated that he entirely agreed with the finding of the assessors. Tne assessors considered that the vessel struck Tom's Rock, or rooks in the vicinity of Tom's Rock. The suggestion that, had been made that the Penguin might have struck some submerged wreckage was inconsistent with the circumstances of the case on the night of the wreck. The assessors did not think that the tide was stronger than four knots. Captain Naylor'e course was a perfectly safe one allowing for a two-knot current only. If a four-knot tide was running at 10 p.m. the vessel would, at the speed she was travelling, . be clearly within the line of danger. ,The manner in which th© Penguin got into the vicinity of Tom's Rock was thus explained. Captain Naylor was at fault in- two respects : . After running a distance of fourteen miles from Tory Channel (knowing that h)6 patent log was useless) it was his duty to have been exceedingly careful, and he failed in this duty. At 9.45 he must have been in doubt as to his true position, but he continued at full speed. The assessors considered Captain Naylor guilty not of a mere error of judgment alone, hut of conduct amounting to wrongful default, in not putting out to sea 6<>me time before ten o'clock. Captain Naylor's conduct after the casualty was entirely free from blame. The Court added that the Marine Department gave all necessary information about tides in Cook Strait. No order would bo made as to costs. His Honor pointed out that under section 242 of the Shipping and Seamen's Act the Government had power to alter the period of suspension or issue a mate's certificate td Captain Naylor. The assessors desired him to say that while they had been compelled to find Captain Naylor in default they regretted very much to have to do so. The Court regretted it more because of the good character, skill and care which the captain had displayed in the past. Mr Herdman said that he understood in reference to what his Honor had said that it was the practice in England to- recommend the Board of Trade to alter the period of suspension. His Honor said that there was no power to do so in' New Zealand. He had no doubt that if the matter was referred to the assessors they would give the question most favourable consideration. ;