LOSS OF SCHOONER.

Press, Volume LXI, Issue 18415, 23 June 1925, Page 14

LOSS OF SCHOONER.

INSURANCE CLAIM RESISTED.

(press association telegbam.) GISBORXE. June 22. The stranding of the schooner "War Lord at Waikokopu on July 7th last, and the subsequent refusal of the underwriters to reimburse the owners to the extent of £26 CO, for which the vessel was insured against total loss, was the basis of an action commenced in the Supreme Coun to-day. The owner of the ship was Lionel George Clare, with whom" the National Hank was joined a plaint.ffs, and the ueiendants were the Canton Insurance company. Piaintlns contend that the vessel was a total loss, therefore they wer<i entitled to recover insurance.

The defence alleges, firstly, that the vessel was not properly equipped as require.-] under the terms of the policy: secondly, tlia"' de vessel was not a total loss. The allegation also was made that the vessel would not have been a complete loss"~bad proper steps be»n token to refloat it after th*stranding. Captain John Lowrv dfscribed the circumstances of the strand'ng. Ho anchored in the centre of the hay, well off shore. The starboard anchor, of lOcwt. wab put out with a CO-fathoms chain. Heavy seas weiv running and the cable parted. A second bower anchor had to be slipped on tho previous trip, and was then on the wharf waiting for the vessel. Then two kedges, lashed together. were put over the stem, hut the schooner grounded on a sandy bottom and gradually washed up on the beach. Had tiie oewt bower anchor been aboard it would not have been of avail. Mr Justice Ostler: If you had had two anchors you would have had i>ocn out during thb gale Witness: "Not necessarily.*' Tie added that ho was quite content to proceed to sea with the ship equipped as she was. The vessel was better equipped than was required -by the Marine Department. He detailed the salvage operations, stating there had been no unnecessary delay in setting to work. No expense had been spared in securing gear. Cross-examined, the witness said be was without a second anchor from early in Mav till July, during which time he had made two trips to Waikokopu and one trip to Auckland with a borrowed second anchor. Cross-examined by Mr Myers, the ! witness said be was first offered salvage gear on July. Bth, but did not obtain it till July l-tth. Witness denied telling the Waikokopu wharfinger after receiving a telegram from Clare advising him not to incur heavy expenditure, that the salvage gear would not be wanted. He also denied an alleged conversation with the same man, and Mr Somerfield, . chairman of the Waikokopu Harbour Board, and Mr Weaver, that the vessel was floating on July 16th and he could have got the vessel off with a kedge and a good rope. Duncan Hector McDonald, leading hand in the War Lord, detailec? the salvage work, stating that' the vessel was raised 3 feet 7 inches, bufcthiswag unsuccessful on account of the anchors , coming home. The vessel subsequently was raised 4 feet 7 inches, but breakages in the gear and a big sea spoiled all the'effOrts.

Lionel George Clare, managing owner of the vessel, said the ship was in-' sured for £2650. Witness was in Wellington at the time of the accident, and hearing of the stranding, advised the captain to u::.e every effort to get tho boat off. Tiie cost of salvage operations had been £2360. Witness admitted sending telegrams advising that it might be better to hand over the vessel to the insurance company if the expense, of salvaging was too high. In answer to Mr ,Mycrs, witness said that Fred Hall had a third share in the ship, but his share was not covered by insurance. W. F. Cederwall also had a third share. Witness said he informed the. insurance company when the policy was taken out that only witness's and Cederwall's, shares were being covered by insurance. The Court adjourned until to-mor-row.

Captain "White, Assistant-Harbour-master, said that during his term of oflice he had never known- the bar to have a depth of only 16 feet 6 inches at high tide. The St. Kilda and Alexa had stuck on the bar years ago when under his command,' but had been refloated without injury. Ha was convinced the Cyrcna had come in contact with an obstruction.

The Harbourmaster, recalled, stated that extra soundings were always taken after floods and a change of wind. . The Board's engineer and other witnesses were emphatically of tho opinion that the obstruction could not have been the ladder lost by . the dredge Kaione over twelve months ago. Tho addresses of counsel occupied the bigger part of. to-day's hearing. The Court's , judgment will' probably be given on Wednesday.