THE MONARCH JUDGMENT.

Ashburton Guardian, Volume IV, Issue 940, 11 May 1883, Page 2

THE MONARCH JUDGMENT.

t Mtesrs Carew, R. M., and Captain Scott, R. <ST., eat at the Dunedin Resident Magistrate’s Court yesterday morning, for the purpose of delivering judgment in the matter of the inquiry into the accident to the barque Monarch* at the bar on the aotfccuttiif-• i.rn3vo :< j:r/7hntj: : ; mc ; Mr Carew said;—ln the matter of {the. accident to the Monarch, I have prepared our report for the Minister of Marine, and I will now read the essential part of it The finding of the Court is—” That the loss or damage appears to have been caused by the Monarch striking the bar heavily with hat-' bowAhd (stern, in consequence of meeting with heavy rollers while passing through the usual channel. That the’.-datqage.yfas; not' paused [byithe default of any person, but by the dangers and accidents of the sea. The Monarch’s draught of vwatfflM was-- and Thomas Kelly, the pilot in charge of the vessel, had reasonable grounds for expecting to find- a depth & water btt the- hair of about and not less than 22 feet, it being then high . water, and, a medium. neap tide. So'rhe risk I? MuhV heedas4rily be incurred by pilots in navigating large vessels ip and cut of a harbor having a bad entrance, and pilolsare requested by law to exercise reasonable diligence as well as care and skill. The evidence shows that but for the rollers suddenly setting in, in all probability no damage would have occurred, and that if the i Monarch had reached the bar ten minutes earlier she would have escaped the rollers. Had Pilot Eelly’dotamed the Motiarch no more favorable opportunity could have been expected for getting the ship to sea for some days,'- and : but for the rollers setting in unexpectedly as they did, Pilot Kelly would have rendered himself liable to censure for want of due diligence. Pilot Kelly appears to have taken all such means for ascertaining the state of the bar previous to reaching it as were at his command, and the evidence of Pilot Louden, the signalman at fchb Heads, that of Mr Kennedy, master of the Hauroto, and that of Mr McDonald, master of the tug whioh- the out, all whom ‘ are “ -experienced - - ’in navigation over the bar, goes to show that the passage over the bar lip to the >tinw when the ' iu, when it was too late to stop the Monarch’s course., presented no appearance of danger. It is true that 'Pubt Patoh bxprebsed some doubts as to the vessel touching the bar, but these were npt of.a decided character or he should 'opinion without hesitation, and the rollers, which were doubtless the cause of the disaster,, were not foreseen by him.—(Signed)' ®/ H. Carew, R.M.” ; “I concur in the above raport,, andjwish to add that the rapid barometrical Changes on the coast of New Zealand, prevent a forecast ,of , Ae, being made at Otago" Heads', '‘'Blind rollers pome in over all bars or sands unexpectedly and at uncertain intervals, and hence cannot be foreseen. —(Signed) Bobt. N. Scott, Nautical Assessor.” Th9fqllo.wing^*ddenc{ u m(lip.tho ,find|ng of the Court was made— f ‘ I recommend that the costa of this inquiry be paid by the Government. r/rB. i Ef.‘ Oariwv R-M. ”