THE PELOTAS.

Wanganui Herald, Volume XXXXVI, Issue 13418, 4 July 1911, Page 6

THE PELOTAS.

FINDING OF THE COURT.

Captain Mclntyre, the pilot, continued liis evidence after we went to press yesterday afternoon. To Mr Treadwell—Witness sent the customary message to Captain Connor, advising him that a vessel was outside. The oOncUtious were then favourable, and there would have been no difficulty in t)ie Sham- - rock taking the Pelotas in. He was of the same opinion when the Shamrock actually went out, so it must have been due to some extraordinary circumstance that she was unable to do so. He would not go so far as to say there was not a fresh in the river but there was not a strong fresh as Captain Cozens said. The fact that the vessels did come up to the moles at a reasonable rate, and , then had their progress retarded, did suggest that there must have been some current. There were no sign? on the bar to indicate that it was improper to allow the tow. When he saw the Shamrock take the round turn it did not sug-gest to him that the tow should not be undertaken. lie 1 did not know what, the manoeuvres were, .uc could not see how the fresh in the river could have been greater at 9 p.m.than at 7 p.m. when they went out. Ho thought the conditions would have been better, for the tide was coming in. At the ebb tide there was a strong current between the moles. He could not account for the Pelotas going over to the north mole when the set of the tides was to the south, except in the turning operations. As far as witness knew, if there were a fresh the current usually went to the south mole. To Captain Cozens—There was discolour ed water in the river, but this was due to the fresh of Sunday. Ho got no messages from np-river as to probable floods, and could only judge from the appearance of the river. During the 12 hours preceding the Monday night’s tide the river fell some. It would be a big advantage to got information from Pipiriki. Ho would not quest Shi the fact that there had been a 10ft rise at Pipiriki on the Monday morning. It was possible that the flood waters might have reached the Heads by uic evening, but the river did not siio' v it. He really could not say how far Cue Pelotas was inside the moles. Wli m Cop tain Connor called in at Castlocliff on bis way from town witness was quite satisfied with the towing conditions. When the vessels were coming in he had no occasion to show the green guiding lightTo Mr Treadwell—When ten feet spread out it would mean very little at Wanganui. To Mr Hutton—The Pelotas came in about an hour .before high tide. There was a one or two knot current in the river at high tide on the night of the casualty, and the wind was dead calm. When there was a fresh vessels steered rather wildly in the river, but in this case they did not. To Captain Post—The Togo would have been procurable for river work in an hour or two. David Connor, captain of the lighter, said the barquetinc was taken in tow shortly before 8 p.m. The wind was calm, but the weather looked as if there were going to be a change from tiie south-west. The moon was overcast. In getting towards the bar he observed a steamer coming down the river, and a round turn had to be made to let the steamer cross the bar. lie usually had to take a long sweep in towing a vessel round, as the towline was well aft. lie headed amiiu for tin; bar. and got the leading lights in line, and got the vessel fairly entered in the moles, when he discovered that there was a run out, and that he was making poor progress.' Witness was right abreast of the triangle light when lie came to a stop. He hung on for five or ten minutes, but found it was impossible'!© enter. He told tlte Pelotas he would have to take her back to sea. The Pelotas said “All right.” so witness stooped his engines and turned his vessel’s head towards the north breakwater. the Pelotas turning also. Doth were drifting out, witness endeavouring to slow his vessel’s head to sea. He went towards the north mole, and when just turned round had to go at full speed to clear the mole. He, however, hit the end, and. brought down the rule-driver. He headed for the south, the Pelotas following. Doth vessels drifted to the nor’-west, but ib.e Shamrock continued towing until the Pelotas touched ground. Thev towed for half an hour, and then Captain Cozens said, “I’m done,” and let go botlt anchors. The hawser was let go, and witness came in to the wharf. There was a. considerable swell there, and the Shamrock was taken up to town a few minutes after high water. To Mr Dickey—Up did not notice ary fresh when he went out. There was no break on t-m bar, but a swell was coming in from the westward. The Shamrock was of 120 horse-power, and he felt he was justified in undertaking the tow. The liebters were not built for towing. To Captain Cozens—The lighters were not built for towing, but they did the work. He considered it would have been impossible to have anchored in the river in place of going out owing to the length of chain required, for by then she would have been outside the breakwaters. She would have been right, in the break at, low water, and been carried on to the north mote. It would be a great advantage if there were a towing hook amidships in the Shamrock. He remembered the Carla, and related how he had towed her up the river at the rate of four miles an hour, but had to leave her opposite Pntiki. the Togo bringing her up to the wharf. The Togo had not a sea-going certificate, and if she had she would be safe to go out in. To Mr Treadwell—The strong current prevented him bringing the Pelotas right in. There was a big difference in the strength of the current when he went out and when lie came in. It was unusual for the current to go to the north mole. Witness was cross-examined by Captain Post as to the manoeuvres in the river, and whether, after his pxncriencos with the Carla-, he considered the Shamrock competent to undertake (owing. Jlonle Waller, in charge of the engines of the Shamrock when (he Pelotas was being towed, also gave evidence. Claude Philip Firmin, greaser, of the Shamrock, gave corroborative evidence. closed the evidence and Mr Dickey submitted the three points on which the Court had to adjudicate:—(l) Whether there was an unexpected fresh in the river between the hours of 7 p.m. and 9 p.m. on the day in question; (2) whether the casualty was contributed to by lack of power in the tug; (3) was there any wrongful a kt on the part of the master or mate of either vessel? Mr Treadwell briefly addressed the Court. He pointed out that the pilot evidently considered when he sent for the Shamrock that the conditions were favourable for towing, and that the Shamrock could undertake the work. Since Captain Connor formed the same opinion, he was also justified. The evidence had shown that an unexpected fresh in the river had met the vessels at the end of the moles, and but for that the Shamrock could have conducted the tow. As to the question of whether the anchor should have been dropped, the assessors wo|v lies! able to decide. This, however, did not affect the captain of the Shamrock, for the tow was not subservient to the tun. The question of the power of the lighter was the only'one which affected Captain Connor. It yas all very .wijll to, be wise after the event, but the Indication;; were that the view which struck the two captains was the right one. and that to an-' shot was impossible, ’The facilities for towing here were not good, and the

lighters, though not designed for the purpose, were frequently called upon. The company did not desire it, and the probabilities were that ii* future applications would have to be declined. Judgment was delivered by the S.M. at 10 o’clock this morning. After outlining the facts of the case at length, the Court, in delivering judgment on the points raised by the Collector of Customs, went on to state — As to (1), the Court is of the opinion that there was a strong fresh in the river at, 9 p.m. This ’is borne out by the fact that on the morning of June 12, there was a rise of 10 feet in the river at Pipiriki. The increased flow of water would, ill all probability, reach the entrance about 9 p.m. No advice as to this rise was sent to the harbourmaster, from Pipiriki, and it was an entirely unexpected event to him and to both captains. As to (2), the Court finds that under the circumstances already, detailed, the Shamrock, which is a lighter possessing twinscrew oil engines of a total of 130 horsepower, was of insufficient power to tow the Pelotas into port. The evidence showed that this lighter has regularly undertaken similar towing work in and out of the port of Wanganui for several years. It was admitted that she is not fully equipped for this class of work, and the Court considers that the position of the towing bitts, right aft, renders her still less handy and efficient for towing vessels, particularly those of heavy draught. There is, however, no proper tug available at the port. As to (3), the Court finds that while there is a possibility that it might have been wiser to have anchored the Pelotas in tlie fairway when the Shamrock was unable to tow her 'further--up the river, yet both captains deemed; it safer to proceed to sen. They had very little time to weigh the respective merits of the courses open to them, and the Court is satisfied that what appeared to them, after due consideration, to be the proper course. The Court is not prepared to say that they acted unwisely or wore guilty of an error of judgment in so doing. No wrongful act or default has been alleged or proved! beyond this. The certificates of all officers will, therefore, bo returned to them. No order will bo made as to costs. ;

I am of opinion, and the assessors agree with me, that, in view of the increasing shipping of the port and of the increased force of the current at the entrance, due to extension, of the moles, and having regard to the safeijy >of -vessels at the wharves and working at the port, due, notification of any rise or flood in the higher reaches of the river should be communicated by telegraph to the harbourmaster at Wanganui. This would enable him to exercise greater precautions than is the ease, at present, and would render the working of the port safer. The Magistrate added; “We wish it to be understood that we attach no blame to either the harbourmaster, or the Harbour Hoard.”