PENGUIN INQUIRY.

Dominion, Volume 2, Issue 441, 25 February 1909, Page 6

PENGUIN INQUIRY.

CAPTAIN'S CASB STATED., A SEVEN 1 KNOT CURRENT. EVIDENCE OF EXPERIENCED MASTERS.,, CHARTS NO GUIDE. ' ji-. The inquiryinto tho wreck-ofths Union Company's steamer Penguin on or near Tom's Rook, Terawhiti, on February 12, ; .was ' 1 continued . at; tho . Magistrate's Court .• >. • yesterday, before Dr. M'Arthur, S;M. (president) and- Captains. Reed and : M'Arthur, nautical assessors. Mr. Myers represented the Marina D&-.:i?'-:.i-' partment, : and had: associated with .him Cnp- ' tain Smith, as, nautical adviser ; -:Mr. Herd-; - man'■ appeared for:: Captain:'.. -Naylor,' -.•late v.- "master 'of:the Penguin; and for Mr; W; W. : Luke, late. second engineer of. the Penguin ; and:Mr; Levi represented tho Union ComA Steamer that Passed the Penguin. Frank L.- .Vickerman,- master mariner; captain of tho s.s. Kennedy, said he had " ; had • experience, in- the navigation ,of Cook Strait for about 23 years. His steamer loft Wollington :on the night of February 11 for Nelson. He sailed at 6.SQ, -and reached the Brothers at 11.17 p,m. v■■■'■: There was a.-: terrifio current gunning— ■ •• seven' knots at least;: Had on several: prer'a rious occasions experienced ' similarly 'strong : . " currents. •. Had tho current setting.with .the .. • wind. Although, it ;wa3 unusual' to find such 8 swift current, orio could not look for it " or. guard against it on 'such a:night.. He saw I tho Penguin's:: lights . at' about 9.15' p.m. . and passed outsido her at about 9.30. - ■v. .-. Mr. Myers: What land did you sco after, you passed tho Penguin ? ••• : Witness: Nono at all—only .the Brothers light. 1- suppose, you :; cannot say where.you first ".. . -met tho'full force of the current? . • Witness: ,1 got .it stronger-over-.towards tho Brothers. , ~ '..... .. Up to the time . you saw tho Penguin, bad. the current any appreciable effect :iipon you as far as you could tell? ' , „ -. . . Witness : N0,.. I think not, • beoauso ,1 made my courso.

Mosquito Boats In tho Ripl -When you aro coming up'the Strait from 'y? Nelson to Wellington; ; and get' anywhere that :yo'u.considered! to' s be : in; the' neighbourr hood of Terawhiti,-. and the . night was dark : and: ,you could see no• lights, what would yon do? 1 ' ' Witness:'! have several timesrun to the ? jr.; northward■: till daylight i or until • it' cleared. Why ■ did you do that? 1 i Witness:. In- small :boati'-you; cannot tell .w where you - are going in such strong - tides. It -is not like; the case of-a large andfast : You . consider 1 it safer to; get out: of the .way? Witness: Yes. ■ ! ;;What would /you ;do -in ;a larger boat? ' i . Witness': ;1,-think. if l had ,;a 'full-pqwerod boat-1 would trust- to''my course. Is that where you lose all lights, and cannoti tell .your: position— except from your , own judgment as,to how far;you had gone?- . .Witness: I cannot:catch your meaning. Lights Lost: "What.Would you do?" -:;Supposing you::aro navigating .this Strait and lose all; lights; r and don't know your : .; position,- _and;., you know/,'that, ;the currents arc erratic—what would you do? • v.;- • ; . Witness: It is hard to say—if I did not know_my position. You always imagine that you do know your position.- You have got ' to: you cannot do anything else. ' : There ! aro two things you-could do. One ; to go on your course-even though you - : did not; know your position, and the other "to keep out of the.,way until daylight. . .. What would you do-,under such circum- 1 stances? • ... j -. • Witness: It would - depend . upon the circumstances. If I thought I was' safe, I > . : would go on. .If I didn't think I. was safe,.l would not go on.

, The Strange, Strange Strait. , When -you aro navigating the Strait, do •' J?" ever vtlie . strength', of the' tides you aro going to get? • 1 : - ■' Witness: No, you never know from one day ■to another. >i . ■ • Jf you are coming to the neighbourhood . it _thoso currents; and lose' all lights and do /, : aot know; your .' position; . .except, by guess ifork, or judgment,-is it safe to go on your ;•:■.- sourso when you can get out to sea? . Witness: You'would go on your course as .. far as. you reckoned it was safe. Youwould ■ not deliberately .run' into tho land. ' _ Is not thero always a risk of running into tho land under those.conditions? ' ' Witness:. Yes, but,we do our best to guard I against it. ■ . I ;a: J s no * ' the best way to guard against it I ;.^';V:.i; w^ n I ... . ■ not know ,w,hore you. are and cannot sec 1 — I it not best to clear out to the Strait until ■ morning? : \ : J . 5''' : P ( ? S3: .K it gets tiiat bad you have cot to do so. , A Wide, Safe Course. '■ . M r * Hcrdman .(to witness): Do you con- , ■mder a course, from Tory. Channel ; to; Wellineby E.; a,safe:course?^'.' Witness: I, should consider it a wide; safe course. .Do you'consider it an > unusually safe course?; . cy. Witness: I do. £ J Vit ness. (continuing) :I. would . consider, '-' a"" .leaving Tory Channel at -ten . minutes to B that at 8.30 if. I saw. the Tory' Channel , . lights opening to-the southward'(that is; the .•.■• boat, going a .southerly,., direction . to' the , :f j.v.Jigh)3),yl would; feel absolutely'confident of t' v safety orinycourso.':.■>.:' "A;V ' . Tho S.li. by B. course, would take the ship ,6} miles off Tom's Bock? . Witness: Yes. . . _■• And that: would bo making all provision / . tor. ordinary.currentsp. -; , Witness': Yes, for tho.ordinary flow and ebb 01 the tide. In ordinary. spring ■ tides the would be_.five 'knots' close to Terawhiti t: ; ~ It must have been fully.7: knots on the night : .-in question. ,-.• That would be an exceptionally fast tide— it was a neap tide? ■ y: '. . .- Witness: Yes, it was a' 2 tide. - .Is a Heap tido runniug at,7. knots an exceptional tide? Witness: Yes, very exceptional. Charts Not to be Truster). ..., Is there anything on the Admiralty charts '. 7 "?.i".? lca t° ■ the eccentricities of the' tide"? ;t'^ : •C' J ■-•^W" n ®?®•^^ot:.that^l^h'ave I s'^en/-' i ■'-' ; At. : tinle'f yon'pot far more current- off Terawhiti than is shown on the chart. i Much more? ■ .• Witness: Considerably more;! ' 9? 'those.'.charts are .not accurate guides to.masters of ships? ■ Witness: They aro not. • Questions by the Court.' • '■'■■■Dr. M'Arthur: Assuming that you loft , Tory Channel at'lo minutes to 8, and went :,-on the S.E. by.E. course,until 20 minutes to 10; and at that timb you saw.no.lights— ,; v .:Mr..Herj3manrAnd -after having: lost: 'the: : Tory Channel lights at 8.30? , : Dr. M'Arthur (to witness): Yes; and you proceed on your courso, until 20 minutes to 101 would you consider it a wise thing to steer a course E. by S. ? Witness: Yes, if I was .satisfied I had made' 20 miles,. I think on a boat like tho Penguin I ,would have stood on my course. .Would you stand on your altered course— thai is, K. by S. ? : v ; Witness: Yes. . Although you saw no lights? ■ AYitness: .Yes; I would havokept on my courso until:l saw Terawhiti.. - . . . In the courso of the reading of Captain " / . Vickerman'.B evidence' before it was signed, ' ';Dr. M'Arthur interjected ■ when the phrase was read "I knew my position," that the witness meant, "You think you know your position."

Mr. I-lordman thought the President of tho Court had'-taken up an unfair position in.rosprct to this point—as to tho master of the Penguin''not knowing his position., . Dr. M'Arthur"said tho witness know where' ho ought, to havo been unless tliero were exceptional: circumstances. 'i Mr. Herdman: I say he is put'out of the. .course by tho exceptional circumstances. \ T' .-Dr;'M'Arthur: said : he thought it was only" a matter of words'between them. Further' Questions Submitted to the Court. Mr. Myers said that was all tho evidence ho had to tender ■ Ha proposed to submit: somo additional questions :to tho Court. Ho 'proposed.; to let No/ 1 stand as.followß: —: ; 1. Whether the said vessel, was : sea-'. •,. worthy and • properly found, particularly : in regard to the lifeboats and other, life-. 1 . saving appjianceSj and whether such ap- ; pliances were sufficient'and efficient, and' . properly attended, to, and whether boat- ' drill was properly carried, out on the said vessel? . . No. 2 was as follows: — .. 2, Whether undor tho existing Weather conditions it-was safe and pro-; per s for the said vessel to sail from Picton or from the head of Tory Channol, . .',o'r. ; whether,' .:wh'en-, she reached the head of Tory Channel or afterwards, shelter,' , should.: have been sought instead of tho ; vessel's course tb Wellington- being continued? : y / • .-, He proposed to alter that. Ho did not suggest. that. it -was- not'safe and properafter;hcaririe the-evidencG-7 to sail from Picton or the head of Tory : and ho proposed to/alter:, that. question something .like. this:—"Whether under; the ■ .existing weather . conditions', at .any time 'after. 9.15 p.m. the vessel's; head should not have'been put.out to sea 'till'. morning in stead of continuing on her course -from Picton to Wellington." : Questions 3, 4,' 5, and 6 would stand as follows: — ..-, 3. Generally, what was the cause or :: ■; .what -were the; causes to ; which tho said • casualty was. duo? ' v; ■' ■ ' 4. In particular, whether the . said . casualty was due t0,,0r. contributed to,' ,;-by tho " negligence l or wrongful act, or ' ::' default, of any persoif or oersons pii the v ' said vessel, and, if so, who were , such person •• or persons and what - was . tho {'■inature pf'siiob' negligence,, wrongful-act,-• or default? ' ' ■- 1 5. Could the said casualty reasonably havevbeen'prevented, andi.if so, how? 6. After the casualty, were all reason-, ablo '■ and proper precautions, taken . to-':. and if not,' what' ;.,' precautions'; ■; that V ought, to;; have teen • taken, -wero omitted? . ' ■ _Ho proposed to add the following questions :—(7; Whether under : the circumstances soundings should havo been taken; and, -if so, after what time. " - .' '■:

(8)- Whether it is necessary ■ or,desirable that coastirig Vessels'should' be. fitted- with patent, soanamg-gear. , ' ' Mr.- -Myers' (continuing) said'he did propose* to. put some form, of- general, question with .regard; to the navigation of the Strait; but ; there, • werevery .great 'difficulties,:; he knew, .'in answering any such, questions. Each caso probably had to bo considered in tho light of the surrounding : circum-. stances.'^-He' had, therefore (altered - question 2. so as. to meet . the circumstances .of . this case. He felt that ho could not put a general question,.although,;no doubt, the Court/ in answering that question, would, make .such general, .-'.'recommendations —if. . .it plight think proper;; ; ; The Court was entitled to do that tinder the statute.

Captain. Post's Evidence. ; • Colin F. Post, master manner, . captain of the Government steamer Tutanekai,' said, he had had a, good deal of exporie'nee. in laying cables in Cook Strait. ;, .. i Dri M'Arthur: Therefore 1 , you have 'considerable .'knowledge of .the; tides . . in *CookStrait? V ' ; V; ;;; - ? .'- '-V

. vWitness": I thought I'did : once,': but I: do hot:now: . .'I: have reckoned them, to bo one way, and havb'.found them another. On,one occasion ho ,noticed an .'ebb tide running, for 20 hours. I have also had an 8 hours' flood,. :arid 4. hyiirp,! ebb,.:;. Witness then':mentioned, 'an instance .where '12" months, ago, the .tide was so strong he could not. steam up .to it. ■at half, speed, .viz., . 7 knots': Next day.at.the same hour there Was ho tide at all. ; Patent /apparatus' Was superior, to. ordinary sounding • gear. Patent sounding apparatus avouT-J be of great service on coasting :steamers,'; but' he did not know . that lit . was absolutely necessary. ••'' v ';. ■ To Mr. Herdman: In thick weather.; it would not-indicate :tb/.a 1 ; captain his. position to take soundings;'in- the vicinity of : Tom's Rock. The ..soundings marked on tho chart were fairly' accurate. An ordinary master navigating the Straitwould not possess the .knowledge; he had gained of the tides through laying cables.:'j, He. considered the course steered by Captain Naylor/to be.a : perfectly safe course. On one occasion ho (Captain Post) left the. Brothers coming to Wellington, and was going half-speed, and when he pulled .up found" himself in Palliser Bay.. That' showed tho strength of the current. He attributed the wreck of the Penguin to "an act of God"—that was what ho would, call

To Mr. Levi: The bottom was too'rooky jni the: vioinity;' of Tom's Rock- to use patent sbundirig '''ge l ar ; when .the;' yessel was .going full- speed.' .-'.iy.: '. - ' V; . Thought Captain Naylor Mistaken at 9.40. VTo Mr. Myers: He felt, positive ■ the; dis- : , aster, to the Penguin took , place at Tom's Rock.He thought: that; Captain Naylor was ■mistaken as: at. 9.40 p.m. He, always j knew; the 'currents .in ■ Cook Strait .were erratic, but 1 did not know they were so erratic" till his.' cable-laying, experience;.:';-:'".':? ■ / ' - V

■ Dr. M'Arthur: You. call the accident •an act of God? . • :

Witness: I simply say an accident happened. I think she struck Tom's Rock.' I know it bould not. havo been anything inside Tom's Rock. .

. To Mr. Levi: He had officially reported th® existence of- the extraordinarily strong , currents; -and .he; had v also/ informed' many masters of ships. Ho had not informed Captain Naylor,: as he. only knew him. since' tho occurrence. - '•...' ,; •

The Kaltuna's Experience. Ernest R. ■ Stewart/ master mariner, and captain of the Kaituna, said on the 12th ho was taking his ship ■ through. the Strait.: Passed : Cape Campbell at 11.10 p.m.; and the' : Brothers at' 1.50 a.m.,' The speed of. tho Kaituna was 9J knot's.'; The steamer on that occasion travelled about 14 knots from Cape Campbell to the Brothers. That showed the strong flow of the tide. •--The fastest trip the ship had ever made before was 12 knots, and that was in a. spring tide, and. with a soutli- : the>circumstance's : of. the: . Penguin,*; he 1 . would have 'continued -on his course, instead of turning out to sea. ',-To -Mr. Myers:' It was .known to. masters that the tides in Cook Strait were erratic— but ho would not say "very erratic."To Mr. Levi: Masters were not told by the company that they must keep tinie.table: time. ■ The; ferry-.service was the only, ono.that ran to time. ' ..'- ■ Extraordinary Tide Conditions. Henry Fisk,_ master mariner,' harbourmaster at Wairau,; said be remembered the tide^Vr'-oonditidM'''.-"'on' February 12 th and 13th. The Kini, a largo collier, was in Cloudy Bay. . She .swung to the flood tide from; Friday: fbfternoonV till Saturday afternooni. There.' was a tremendous flood- tide running into tho river. ' The Kfttawa. Captain J. J. Pennington, master of tho steamer Kittawa, said' on Friday, 12th inst., ho, was coming up from Lyttelton to Wellington ; was! off Cape, Campbell at 1.60 a.m., distance^jlOi. miles, altered, his. course N.E. i E. magnetic, and allowed J of a: point for the tide. Ho was Bteering for Wellington Heads. - Kept her on that courso till he sighted l the loom of tho land at", 4;30.At 4.35 ho could seo Terawhiti. Ho got the bearing Karori Rock right ahead, and, their put.tho.ship E.S.E.:, Then made out Sinclair Head, and got into Wellington . ' 6£ Miles Out of Hlo Course. Ho was about 61 miles out of his!course. Thero was a strong north-westerly set; It was. to that: ho attributed ,being so far out. of his course. ■ In all his experience on the coast he never' before experienced such, a set, It was an unusual neti

To Mr. Myers: I first knew that I was | getting' the flood tido instead of 'the' ebb . tide 1 when I made out Terawhiti. If I had known that I would got the flood tide instead of the "ebb tide I would have allowed 3 of a point instead of J of a point.' He was; about six, or seven' miles off the shore I when he first saw the loom of the land.

Far Out of His Course. i Captain William J. Carey, master of tho | steamer Blenheim, said he loft JVellington | for Wairau at ,4.30 p.m., cleared Pencarrow at 5.30., steered to three miles off Sinclair Head. Then steered S.W. by W., which was a, straight course to White "Bluff. Altered, his ; courso at Sinclair Head at about a ; quarter to . seven. Expected to . bring up | within a mile of. Wairau bar. :At '9 o'clock ! the mate came below and said they were I close to land. Did not expect to make the land till 11- o'clock. -Witness went on deck, and saw ,tho land/ Saw a light to the north. Steamed .up: to it, .' and- subsequently : took shelter in Tory Channel, as the weather was ; getting worse. The tide on that occasion ' carried him out of his courso some 125 or 13. . miles. Never before experienced such a set, E:S.E. was the, course usually steered from' Tory Channel to Wellington. He considered - that to be a safe course, safer than ho hadusually steered, which was S.E. by. E. i E,, ; John M.. Drewette, master mariner, said he was in charge of the steamer Komata,' 1994 tons,, speed.ten knots, on the 12th inst.;. was coming through the Strait on : that day, but finding the sea too heavy for his heavilyladen ship he: anchored in Queen Charlotte Sound.'. On Saturday morning was off ■ the Brothers. ' Steered S.S.E., and ran; on' that course for 19. miles. That ought .to have. ;flken him 6i miles off Karori Rock. The wind, was blowing a S.S.E.' gale. After steering 19 miles S:S.E., then-steered for one .nile S.E. by E. J E., and picked up Karori Rock, bearing.:E. r }.N., distant 1J miles.. Ho made 5i miles of leeway in a run of 20 miles. He never before experienced such a set. Tho course-steered by Captain Naylor was an exceptionally safe course- from Tory Channel to Wellington, and witness would have considered it .quite safe, to change the course to E.'by, S.,i-as Captain Naylor did.' To, Mr. Myers: Under normal conditions he considered, it safe' to run bv dead reckoning from' Tory. Channel, to Wellington. When' shipmasters ran on dead reckoning, they ran ail outside, course,'not a fine course. , : Officers': Opinion , of Naylor. Mr. Herdtnan (to witness): Have you been on tho Penguin? ' . Witness:- Yes, we all.looked on:the Pen-, guin. as the one ship that could get across the Strait .'when; the .weather -was rough/ !■;■ You know, Captain' Naylor? . Witness: Yes;.l regarded him—and.always found him—to be, a s careful, trustworthy, and excellont seaman, and when wo, officers talk of - tho, Cook Strait Picton-Nelson - run we talk of Captain. Naylor. Mr. Herdman said that concluded the evidence for his case, but he would like to read' the following/telogram received by Mr. Kennedy, manager of tho Union Company, from Captain Edwin, master, of the. Rosamund :— ''Coming north, passing' entrance Cook •Straiton day of; Penguin .disaster,'- Rosamund set/tp westward about ten miles, owing 'exceptionally. strong set." . ■ ;llr;,Levi,desired to call evidence as to the' discretion left to masters in keeping timetable time, but the Court said'that-;was un-necessary—it-was • quite satisfied as to that point/.-' ■ :- i,

COUNSEL'S ADDRESS. ■ ' " MR. HERDMAN FOR THE CAPTAIN. ' Mr; -Herdman .then addressed tho Court. He said as-the ..inquiry was/.of such very great only to (Britain Naylor, but to the - public 'at large—-it was his duty to go into the evidence. The. present'; inquiry was that there- could bo no doubt—and "it was; probably. /-the most: important .marine inquiry that the'-President .of the Court had had to deal with: Mich had been said and written about the catastrophe that overtook the' Penguin,. Tho papers had been full of it; people had; discussed it; persons -who imagined .that they knew something about nautical '.'matters/had"expressed. opinions; people —and .sometimes irresponsible expressed opinions openly as .to'..what-.ought to have been jdoiio that night,, having regard ,'to the .circumstances. He wo'inld like to say this:. that' tho catastrophe was' one' of .an appalfiing'. nature. Everybody .'must sympathise/with .the, friends of those who had the misfortune to be drowned. Captain Naylor's Mental Distress^ : Ho. would like;' also to say .this :■ that—excepting the -friends and; relatives ■of those persons who had the misfortune to meet their end on that occasion—no one in the "community had suffered greater riiental distress than the gentleman for whom ho appeared in these proceedings. That must be patent, to everybody. Here was a man in charge of a vessel doing what lie considered to be right' under the circumstances. Ho set what . he considered to be a safo course —not' only safe, but safer than:he had ever set in'his:experience-before; and' suddenly, in the darkness .'of the night, the vessel, with all its living freight, went to' the bottom, and he • was asked to givo: an explanation. He' had given an explanation willingly. He never .; attempted to withhold anything/ ' It must have been : obvious to everyone that Captain Naylor felt-his position keenly, aud would nrobably feol' it keenly till the end of_ his, days. Nothing would .wipe out of-his mind the .experiences of that night. (During tho. first ' portion of his .' counsel's address,' Captain' Naylor, .who occupied a seat , at the table next to Mr;: Herdmari, was visibly affected.) It might be said by some people— and by people who were unfamiliar with the facts—that Captain Naylor must be responsible for. the'catastrophe. People were prone to .judge, in' a: matter of this sort too, quickly -4hey were apt to come to a conclusion without ; ., proper : consideration; of the. facts. They , were apt to bo swayed by sentiment. But on 'this , occasion sentiment' had to bo put on'one side, and every consideration except that of the truth had to be disregarded. Captain Naylor's' conduct to be ,j!udged. on the. facts proved before the Court. There was one fact that' must have struck the Court ; and. that'.was that not one witness', had been called who had said-that the captain's conduct on . that night .was wronger that .''the courio pursued by the captain on that occasion was wrong. . He would first deal with : the- surrotindiug: circumstances, and the place where the accident happened. Tho Weather. It was at first suggested that :the weather was such, that Captain Naylor'ought not to have left i Tory Channel. But; after the evidence, it could not now'bo suggested that Captain Naylor was .wrong in leaving Tory Channel. • The conditions that mariners. had Ixn face;'in-navigating Cook. Strait were of a difficult order. ■' What data and information was supplied; to captains of .vessels-coming from Australia arid other places as to the conditions obtaining iri Cook Strait? There were the Admiralty Chart and Almanac and .such , information! as. they could glean '.from ■'other mariners .trading in-New. Zealand. The .captain of'' the'. Government steamer: Tutanekai. said that the indications and-marks op the plans as to the currents were unreliable. V ery Strong and Eccentric Currents.. I If those charts were not to be misleading, they ought to have marked upon them: the' information g;iven by Captain Post, ■ lyho told' the Court about a current five - miles distant from'Terawhiti—in the middle ,of the Straitr-running eight knots an : hour. l%at' information'had not been supplied by tho Government to tho nautical community, and no alteration had been made upon the chart. Them tho Nautical Almanac gave no reliable information with, respect to the vagaries and eccentricities of tho . tide in Cook Strait. No- doubt it would be known to Captain Naylor that the tides were eccen-' trie, but' not to tho extent known by Cap-, tain Post. 'Tho evidence of' Captain Post showed that 1 soiriotimes in the navigation ,of Cook Strait phenomenal tides prevailed; and those phenomenal-tides'.were'not'-knojvn to ordinary masters trading in tho Wolling-ton-Picton-Nelson service.. ' ..) ; J : Threo Courses Opon to the Court. In connection with this inquiry, so far' as . Captain Naylor. was . concerned, the Court haa three courses which it'could take, viz.: (1) it might : completely exonerate Captain Naylor from blame;, (2); it .might censure Captain Naylor: or (3) it might suspend or. aa-wl his' certificate. Ho contcudcd that,

The site of the Petone Technical School is one of the most desirable in the Valley, and is on one of the highest ridges in Petone. It is within the gates.of the borough reserve and''ecreation ground, and it was secured from the Buick 1 Estate by the council, and donated for the purposes of technical education. The ■ main building is a "two-story brjck structure, the, first floor' consisting ' of, two . large classrooms, an office, and a. cloakroom., The classroom on the right from the entrance will be used ■ for English arid other subjects required for, the Civil - . .' Service and •matriculation examinations; Seating, accommodation is. providedby thirty single. desks. The - other room is fitted up for cookery instruction. The Petone Borough Council l;ave provided aigas cooking stove and an excellent cook-/ > ing-range, and hot and cold water is also available. In this room, the dressmaking and dresscutting classes art tobe carried on, and also the shorthand, typewriting, and hook-keeping classes. On r the second floor, ■ there are two largo 1 classrooms. One v is the. science laboratoiy, which is thoroughly fitted, up; for the . teaching of. physics and chemistry. In this'room, a class for magnetism and clec- . tricity will also be held. The other room is divided by folding doors. The eastern: .part is to be used for. the art classes, .and the western; division will bo' occupied , 'by the classes for , mechanical drawing, machine .construction,.'architectural , ' drawing and building construction'. Behind the main structure there is a large j' wooden building divided Into two parts, one to be ;used- for the carpenters' . and woodwork classes; and the. other as a plumbing , shop. /The: architect .; w.as Mr. ■ F.'-do J. Clero. ■ ". . . i ■

on the evidence, it was clear that Captain Naylor must be completely exonerated from blame. 1 Unfortunately,, they had not the evidence' of the first, second, and third .'officers ; but, fortunately, they had ' the. evidence of-tne man who was at the wheel when the vessel left ' Tory' Channel'; and his. !evidence and that of Captain Naylor. as.to the course set on leaving Tory Channel was absolutely uncontradicted. He did not think it was necessary to trouble the Court by alluding to. what took place after the vessel struck." : " - ' , On the Bridge. , The 'captain was on the bridge all the way across the Strait, -and; also the ship struck. V He remained "upon the place he should have occupied—and gave, his ordersvto his officers'; /and-,it was the'duty of the officers to carry those'orders, out. The "evidence showed; that good, order and, discipline' prevailed after: the vessel struck, and ■that. Captain .Naylor, did; everything that a ■human being could , do under the circumstances to save' the . lives of, the passengers .and' crew. Ho gave' orders'that' tho women and children should bo first 'cared for ; and the evidence of the second .steward showed 1 that 1 the.'order, was carried out. He : proposed to' confine his- remarks chiefly to an endeavour to show ' that on the' evidence', it was clear that .Captain, Naylor mhst be , completely: exonerated so far as, the accident to the 'ship' was c6nceiined ! . •" The Ship's Course. : In coming out of Tory Channel, in order to .make the safety-of the. passengers more secure, Captain mylor; made Hip his : mind to steer a, more southerly course than, ho: had eversteered before—namely, S.E. by E. Ho, then took ■ the precaution ,to ascertain" the effect of ..the 4ide .upon the. ship. Captain, after captain had come forward in the Court, and .had sworn that the course which . Captain: Naylor set after leaving .Tory/Channel ■was;a safe^one—ih fact, that ho took a safer .'.course ihan other "masters usually .took., / Making Allowanco for the "Sot." What did the, action of Captain Naylor mean when he took the course S.E. by-E. p -It meant that i".i,.a distance of 17$-miles he., was. making. allowance for.: a "set" of 6} miles./ The wholeof the captains said that was,a;safe thing to. dp.:,..lt'had been, sug-" :gested"that when ,ho ran: 17-J miles or 22 ;miles he' should. have steered out to sea. He : (Mr.:. Herdman) submitted that i was , not : necessary for this reason:;that Captain Naylor felt convinced in his omi mind, and 'from- 'previous experience, that he had only, to go a little further to open up Pencarrow light.--" He felt convinced that lie "was 1 clear ■of, Tom's Rock. Mr. Herdman contended that; the evidence showed , that -it would not have been safe to have stopped the shi\> in : that position in order 'to :take .'soundfngs,. because there-was a. strong southerly, breeze and. "set,": and the ship' might."in *a'little 'while have drifted , on to' the rooks'." He siibmitted. that Captain .Naylor was guilty of 'no error of judgment, and that he should bo completely exonerated from any blame'. ■"•!';

Causs of the Accident. Now,-, what-, was the ..cause of :the.'.accident? -Surely tho evidence, must have impressed,.;upon the ~mind: of '-the Court - this fact that on -the :12th . instant',, an unusual flow of the tide did take place in Cook .Strait. . Captains, .who navigated, the ; Strait that night»testified.. to';. the- abnormal' conditions; of the tide-that then existed.; The-fact, that the ship was taken 61 miles out of her oourse in' : 173' miles' showed that the tide was most abnormal—in fact,•; Buch',as had never- been experienced in Cook: Strait before' except, by Captain Post. Ho submitted 'that if the Court came "to the conclusion "that tlio- sole and onlycause of the Penguin's disaster Was the-abnormal flow of the tide, .then the Court. would' say that Captain. Naylor was exonerated. Mr. Herdman then commented at some length on the instances given by different captains as to' the unusual' state of the tides , on ■ the night of February 12. The evidence showed that Captain iN ay lor took every reasonable precaution for tlio. safety of his ship. He suggested that the accident was caused by the'phenomenal flow of the. tide: and —to use- CaptaSn , Post s words—the Penguin was lost "by an act of God.". It; was like a person being driven in a' cab, and Hhe-horse being frightened by a thunder-clap; or by. a vessel at. anchor: in a harbour in the tropics being driven-ashore in a sudden tropical storm. The conditions in the present case - were not u§ual. Suddenly, in, the middlo of tlio night, there stole across the sea an- overpowering and .overwhelming tide, which caught, the ship in its grip, and.forced it on. antl.on till it came to its ,end .on Tom's Rock—in. a. course of' 17| miles .forced the ship 61 miles her course, towards the shore and, oil ,to the rock which destroyed her. The ship did not overTun her course or distance. Why ? Because she wis.set in to the shore 61 miles. . ; , Dr. M'Arthur: .Yes, .that is the explanation. ' . <

; Mr.' Herdmaii said that was his contention, and the. 1 facts showed that there must have, beoli: an extraordinary current to.have forced the vessel 6j miles: oilt of her course. Ho contended that Captain Naylor should bo exonerated from blame. The Court had power-to censure him. If tho Court found Captain 'Naylor guilty of. a wrongful act or default,, the Court had the power to cancel or suspend his certificate. That was under Section 238. In, 'dealing with . that section, .there was no decision in New Zealand that would assist the Court' in coming to a conclusion : as. tff what amounted to a wrongful act or default; but, fortunately, in the. Courts had dealt with this .point.. . He quoted the Famehotli case, in Law Reports, Probato Div., vol. 7, page 207. In the -present case there was no suggestion of oulpable negligence. Another case' was given :■ in Scott's Digest, p.p. 20-29. .These authorities would! assist the Court on the : ;points' mentioned.: ~ . MR. LEVI FOR THE COMPANY. ! Mr. Levi/then briefly addressed, the .Court on behalf of the owners of the Penguin. Ho was proceeding to deal With the question as to whether tho ship was seaworthy and. properly found, when Dr. M.'Arthur said tho Court was quite satisfied as to that, arid also that she hadthe necessary life-saving apparatus. Mr. Levi then said the evidence showed that while patent /sounding apparatus .would

be" an advantage on coasting vessels, no wij> ness. had'gone so far.as .to. 'say jit.-was absolutely necessary. ■ The instructions' of. the company, t-o. its . officers gave them great , dis-cretion-under the varying, circumstances, that might arise. ■ r ' , MR. MYERS'S REPLY. -~ In the course of his address, Mr. Myers said. there .were one' or two subsidiary questions he proposed.to Vefer to before he-'dealt with the main question. The Court had already said,that it was.not necessary to deal with the,: first'-.question. He did-not. think that. it would be necessary, and he was glad; that it was so: "It was only fail' to say;.that tlie evidence, showed that, tliq answer.' to the first two questions .could only, .be; in-'one way. The ship was' inspected within a comparatively short time prior to the disaster, and everything was found to be. in order. There/was no, suggestion . to, the, contrary/ But where there hadbeen loss.of.life, he was quite sure ; the Court would agree that those "questions should ; be put. The^Courtwould^no;doubt, 1 be able to- make some recommendation one' way' or tlie other in regard ,to ships carrying- patent sounding apparatus. ... : What Was the Cause of the Disaster? -■ What was the cause of this great disaster f, Arid.was Captain Naylor in any way -respon-; sible? .If ho was responsible,- the - Court would have-to. consider whether he was responsible to the extent of error, of judgment only, or whether he : was responsible to the extent of negligence. The Court, might come to the.^coriclusion : that the immediate cause of.,the disaster was. the ..exceedingly strong current- setting. the vessel upon, or in the neighbourhood, of, ; Tom's Rock. 'The .Court had also t-o.consider whether tliat-was,a sufficient answer under all the circumstances. Mr. Myers then analysed the. evidence, and suggested that it was . probable the. ship; struck' in the vicinity jof Sinclair Head. Mastors-' of- vessels, .navigating. .Cook Strait were, ,aware that the .currents . were erratic, and should thei-eford. take precautions* accordingly. :It might be that 'Captain'- Naylor was taken in:the course he said,he .On, the night of the disaster Captain. Naylor. was:.not' able to make out the.land. .-.Work-: ,ing on dead reckoning he was liable :to error yet ho went on his course at full speed—not knowing where ho .was.. The whole. question ;was : Was that proper navigation ? or; ,Tvas : it negligence?' If it was not,negligence, was it, at the least, an error of judgment? It was' absurd, to say that - soundings ..'ought not ,to have been,taken. The fact that Captain Naylor, was'just about to turn out to' sea/when , the vessel struck showed that he did not know where he.was, otherwise he would have continued on ; ,his. course.;; As to the;information, shown on the charts, -he" might remark :that a chart-was not a cyclopedia of'information.' Mr. -Myers then dealt with the company's instructions, to its officers,. and urged that, when a' captain' knew, or 'ought to know, that''his', vessel, was in a position 1 that must, be dangerous, he should turn his ship's head' out to sea. : : : ' .. '■'< Dr. . M'Arthur., said the decision; of. the. Court would bo. given after the. inquest., had concluded—probably to-morrow morning. THE RELIEF FUND. X

GOVERNMENT GIVES ,£IOOO. Sir Joseph Ward.informed a representative of Tin: Dominion that : the Government, has decided to • give, a . £ £ subsidy upjto £1000 on all the funds raised for the assist ance of the 1 sufferers by:tho''wreck of. the •Penguin. 1 As considerably, mora, than-.£looo has' already..' been 1 voluntarily ''- contributed through' various channels, - the Government's contribution .will be of'the : ambunt fad as 1 a maximum. • ! , ' The following donations have been received at The Dominion office: — • Amount already' acknowledged .... 64. If) 61 Keys .... ... ... ■-■■■, ... 5 0 P.iLD: ... 3 0 -\V. Stringer, Wakefield, .Nelson... 1 ,0 0 J. Clulow ... ... ... ... . 5 0 Total ' ... " ... ... £66 12, .61 Mr.' Moore, of the Missions to Seamen' .desires to -acknowledge the receipt 'of the sum of £12 14s. 6d. from the Petone workshops,.' as : a first contribution: towards, the 'Penguin Shipwreck Relief. Fund. This was brought- to' him by Messrs. Sherwin ■■ and Smart, wlio came in from Petone for the purpose of giving it. to him'and asking him to* .regard, it as van advance, instalment of the larger sum to come. When' all the money has'been collected at-the workshops, the men wish -to have,.ari opportunity.,of. saying how they would like it .used. , Mr. Moore, will single' out several specially urgent cases that they may . select one to be benefited by their own donation'. •. • , ' There ia perhaps 1 a tendency among some people to forgot the financial trouble likely I to; be, caused by the death of many:breadwinners in the wreck of the'.Penguin. , It is ■known , that of those Who lost their lives a considerable -number had no families depen.dent on. them, but it is easy to' take too much comfort from this fact... Mr;; James Moore, \vho, of course, regards the matter chiefly from the . seamen's .point of view, tells us that the:.other:.day'lie- visited, all those who could give, him any information, with , regard to .the, seamen, who had lost their lives or who knew of people dependent on them. He made very ; careful inquiries and discovered some exceedingly sad casesj some of the saddest ...'.being those of widowed mothers who had depende'd upon their sons' wages, and who now find themselves in extreme poverty. . . ;-. '-. • . ■-.

MORE BODIES IDENTIFIED.

Although only faint hopes were entertained that it'ivould bo possible to identify the threo'bodies recovered at ; Oterangi this week the,police were able to announce yesterday that the body which came ashore on Monday had been identified as that of George Gaffra, who; had been employed as donkeyman on the ill-fated steamer. .'Deceased was identified .by'a shipmate, and the gold ring which ho was wearing was recognised.by the youiig lady to whom ho was eugaijed to .be married. The two bodies recovered on Tuesday were brought into town yesterday afternoon! One of thorn has; been identified as .that of a passenger, James ColUdb, of Charleatowu, and

■the other is supposed to ho that of the chief .1 steward, O. Alexander. : . "It is stated that any : more bodies - that . 'may. come ashore will not be brought into ; town, but will be buried at !Terawhiti. ..The clothing will bo kept,-and'a . note will-be' . >takeii of any marks.on the bodies, so as to; facilitate identification as much as possible.

/PHOTOGRAPHS OF THE DEAD.

"In connection with the wreck of'the.'s.s. Penguin (writes a correspondent); , I would ask you to assist in the. suppression of ; the sale and public exposition of photographs and picture postcards of the dead, bodies lying washed up on the Terawhiti beach.. ;'lt is: intensely painful to all relatives and I friends if lost, dear ones to think, that such i Views should be on show purely to'excite the ' sensations" of ; the morbidly.'curious; _and';this j occasion gives the municipal- authorities and j the Government an -opportunity not only ; to show, practical sympathy to many a grieving ' heart; but also to ' express- the sentiments of:respect for the dead which ,are-:felt.by,the 1 j good people of the Dominion." There are a ■great, many people who'will, agree, with, our ' Whether it is ' possible to take, steps to prevent the .publication of these pictures .is; another matter. ;:If .it can be done the authorities should certainly: take action. ■ - ■ ■ "

INQUEST TO BE' HELD TO-DAY.

The inquest on the victims of the; Penguin disaster, which had been set down" for 2.15 yesterday afternoon, could:' not "take', place on account, of the' nautical inquiry not: having .finished. ~-Dr. M'Arthur,.vS-JJ.,: '.. inet. - the jurors' at the appointed time: and adjourned the inquest until'2.ls this ■ afternoon. ■ . f •

MR. M'MENAMEN'S BEHAVIOUR. (To TH3 Editor.)

; Sir,—ln view of, the..humane and generous part played; by. v Mr. M'Menamen, of Terawhiti, in 'of the s.s. Penguin, I'suggest that be asked to. olßcially .thanlchim. on behalf ■ of ( New Zealand. v Charity! is'twice-blessed, said the Apostle St. Paul,.-and truly I .if ever there was a humane man,- Mr.. M'Menamen has proved rhimself to .be am,' ete;,'.; RAYMOND TUNE. •, I'etone, February 17. .. ' ' THE PENGUIN'S BOATS. v ' ;. (To Tns Editor.) ' ' ' . Sir,—l think it; must .appear strange to. .. rhost' readers of Lthe--Penguin'"disaster..that the lowering of the boats; was not' carried 1 o(it more sAiccessfully/. Enowing .as I ,do,.her ■. unusually projecting bolting or rolling chock, - I feel certain that this was mainly the. cause of tho boats being smashed while being lowered. ;'This item wili r hope be ventilated-at the .nautical inquiry —I am, etc., " .' A.H. February 23. i, , . [Our correspondent's- suggestion has axrived: too late for;*the purpose" mentioned/] '