FINDING ON DEVON. CASE.

Dominion, Volume 6, Issue 1845, 3 September 1913, Page 3

FINDING ON DEVON. CASE.

THE CAPTAIN TO BLAME. NEVER IN WHITE SECTOR. HIS COUNSEL'S PROTEST. RE-HEARING NOT GRANTED, The decision of tho Court of Inquiry sot up to investigate tho stranding of the. Federal stc'imer Devon'at Pencarrotv llrad on the night of August 25 .was 'delivered yestorday morning." On thc.Benoli wore Dr. A. H'Artlror, S..M. (president), and Captains Black and Bollons (assessors). Mr. P. S. K. Jlacassey appeared for the Marine Department, and Mr. M. Myers for Captain Caunce, master of tho Devon. Broadly speaking, the decision of the Court was that the loss of the vessel had been contributed to by tho negligence of Captain Caunce. it will bo romombered that at the hearing on tho previous day the captain and 'bis officers gave evidence that they had brought their vessel in to the safo water at tho entrance which is marked by tho white sector of'the Sanies Island light; that they lost sight of the white sector in a squall; that they then picked up a red light, which they took to bo the red sector of Somes Island light, but which was really the red light 011 tlio Falcou Shoal buoy; and that tho act of porting tho helm to bring the vessel back into tlio white sector, in reality took her out of it, and piled hor on tho rocks at Pencarrow. -'J'lio Court in its decision disregarded this theory, holding that the vessel never really got into tho white sector at all. Issues and the Court's Answers. There were two questions for the decision of tho Court, which were answered as follow: — 1. "What -was tho cause of the stranding?" Answer—Tlio cause of the stranding was that the way was not taken otf the vessel so as to allow of her being handled expeditiously in narrow waters; that the master mistook the lights; and that the vessel was navigated too closely to the ■ Pencarrow side of the entrance. 2. "Was the stranding due or contributed to by the negligence, or wrongful act, or default, of tho master?" Answer —The stranding was contributed to by tho default of the inastei, who .was a strange* to the port, in not having made himself acquainted with the leading lights of the port, and. wlum these were obsaured hy the squally conditions of tho weather prevailing at tho time, in not heading the vessel out clear of tho land to await clearer weather or daylight. To judge from tho master's own evidence as to his 1 hearings, he did not, as 110 thought, open up tho white sector of tho • Romes Island light. . The decision of tho Court was, therefore, ihat Captain, Caunce's - 'certificate be suspended for' three months, and that ho be ordered to pay tho costs of the inquiry (£l6). Captain Black dissented from tho judgment so far as tho suspension was concerned, holding that the order for tho payment of costs was sufficient.