ACQUITTED.

Dominion, Volume 2, Issue 476, 7 April 1909, Page 7

ACQUITTED.

SEQUEL TO THE NAVAL DISASTER. (BY TF.t.EGKAriI—PRESS ASSOCIATION—COPYRIGHT.) " (Rec. April 6, 8.45 p.m.) ' . Sydney, April o, In connection jriUi. tho naval disaster in Sydney harbour on January 3—when tho steamer Dunmoro (Captain Hansen) collided with a pinnace of H;M.S. Encounter, causing the' death , of fifteen mon-o'-warsmon—Samuel Bryant, who was in charge of'.tho launch that had the pinnace , in tow, was charged with manslaughter. Tho jury has returneda .verdict of not guilty. Tho judge, in discharging Bryant, said;— This man did'the best ho could in the circumstances. So far from being blameablo, ho. ia worthy of a great deal of commendation for not doing something which might have involved overtiirhi'iig'. tlio two boats. ..>..•'. ■ MARINE COURT'S OPINION. ■The Court of Marino Imiuirv, whose decision .was given in January, suspended Captain Hansen's certificate for twelve months. Tho Court also blamed Bryant, who. holds no certificate. Judge Backhouse, in deliver-. .ing the finding nf. the Court, said:—"The collision was caused by the wrongful act of 'Sam'uil Bryant, who was in charge of Rio launch with tho pinnace in tow, improperly crossing tho bows of the Uunmore, and by the 'wrongful net of the waster of the Dunmoro, Neil Halisjn, in not keeping a proper look-out. . . . . By the e.torciso i>l ordinary foresight, and by the .keeping of a proper look-out, tho coxswain in charge of tho launok must'have seen that by shaping a course for Mrs. ifnequarie's Point ho would put hia launch in tho position of a crossing vessel, having the other to his starboard. This ho did, and the Court is of opinion that this was primarily the causo of the mishap. The fact that ho hail something in tow.in no way prevented him from.-taking a safer course. But while this is so, the Court is unable to acquit tho master of tho Dunmoro of blame, and it appears that if'he had acted differently, possibly tho accident might have been avoided. .... Whilst the Court has expressed an opinion as to Hμ negligence of tho coxswain in charge nf the launch, and of tho master of tho Bum «-o, it wishos I it to be distinctly understood that in no way is any opinion expressed as to criminal liability. With regard to that, this Court has .nothing whatevor to do, and tlio considerations'which guide it aro totally different from those which would guido a Court having before it n criminal charge."