THE SECOND DEVON INQUIRY.

Dominion, Volume 6, Issue 1857, 17 September 1913, Page 7

THE SECOND DEVON INQUIRY.

PORT LIGHTS AGAIN.

CAPTAIN SURE HE OPENED WHITE SECTOR. FALCON BUOY BEAM. SHOULD IT BE OCCULTING? Tlio Devon inquiry was reopened .yesterday in tho Supremo Court. His Honour Mr. Justice Chapman presided, and tho assessors w.ero Captain W. J. Newton (Auckland) and Captain W. Walles, harbourmaster (New Plymouth). Tho Crown Solicitor (Mr. I'. S. K. Macassoy) conducted tlio inquiry on behalf of tho Marino Department; Sir. M. Myers represented Captain Caunco, who was in charge of'tlio Devon at tho time of tho wreck; Mr. C. H. Izard appeared for tho Wellington Harbour Board; and J»lr. A. \\. Blair watched tho proceed-' nigs on belialt of tlio owners, tlio Federal Company. There was a largo atladies' 100 ' including several Summary of First Hearing. J at the previous inquiry was to tho oflect that tho small reel light on I'alcon Shoal buoy had been mistaken lor tho Somes Island red sector and it was suggested that if-the Falcon bboal light had been a revolving- light the accident would not liavo happened' On tho night of the wreck the Somes ng it was lost during a squall, and tho leu light 0111'alcon Shoal was picked up. J ins . being mistaken for tho Somes red sector- tlio Devon's helm was ported with tho object of bringing her into tho wliito sector again, and was thus thrown 011 to tlio Pencarrow rocks. The result of tlio inquiry was that tho certificate of Laptam Caunco was suspended for tlireo months, but an appeal lor a fresh inquiry was successful, it being pointed out, niter alia, that 0110 of the assessors lad offered to pilot the Devon to Wellington for £21, and that his offer had been declined. At tlio first hearing tlio Court had found that tho Devon had ■ never been insido tlio wliito sector at all. Captain Caunco Called. Captain Arthur Henry Caunce, mastor of tho Devon, examined by Mr., Macassoy yesterday, stated that tho vessel took tlio rocks below Penoarrow at 7.43 on August 25. They had passed Capo Palliser at 4.53, giving tho capo an offing of about 3} miles. Taurakirao Head was passed with an oiling of H miles. Ho presently picked up tho Somes 16aud light, and then headed N. by W. by tho compass. Tlio ship was hold in tlio wliito sector for 12 or 14.minutes when it was obscured by tlio squall, and for fivo minutes there was 110 lip-lit ahead. He then saw a red light, which ho took to be_ tho Somes Island red (or western) sector. Ho at onco ported tlio helm to get into tho white sector, again, but seeing tho jrocks at Pencarrow lie ordered "Hard a-starboard," but tho vessel would not then answer lior helm. If ho had gono into the chartroom to take Ins bearings when ho saw Falcon Slioal light ho would not havo been able to see when ho caino out of the electric light in tho room. Just prior to the mishap lie might havo had room to turn and make for tho open sea, but ho could not sec clearly enough for that at the time. Ho did not alter tho speed of the vessel even when ho lost tho wliito light. Ho .knew ho was entering narrow waters, but had already fixed the position of the boat.

"Undoubtedly In the White." To Mr. Myers: Undoubtedly the vessel entered the white sector. Tho chief and fourth officers were on tho bridgo with him, and tho look-out man was on duty. He {witness) had been six times to. Wellington as navigating officer, and knew the position of tlio Falcon Shoal red light. In coining in through tho Heads it would not have been safe to have reduced tho speed of. the ship, owing to tlio vessel's light draught. To Captain Newton: If tho red light on Somes Island had been a flashing light, or if tlio red light oil Falcon Shoal had been a different colour, or if there had been a light on Barrett's Reef ho did not think tho accident would have happened.

Harbourmaster's Evidence. Captain Henry Johnson, liarbouN master at Wellington, -snid that tlio Somes Island whito light could ho seen 20 miles on a clear night, but tho red and the green could not he seen so far. He went to the wreck tho same night, and. although tlio. weather was wet and squally, the harbour lights were always visible. Tho red light on Falcon Shoal was in tlio blending of tho I red and white sectors on Somes Island —a little in tho red sector. Whatever sector of Somes Island was opened one would expert to sco tho Falcon Shoal light all the same. To Mr. Myers.: That, however, was all pro-supposing a clear lii^ht. In answer to other questions put by Mr. Myers, witness stated that tlio red light had been on Falcon Shoal sitico September, 1905. and he had not navigated a vessel into the harbour since then, though ho had tested the lirjht in all directions. Mr. Myers: There is a dispute between yourself and a number of Shipmasters as to tlio advisability of having flashing lights instead of the fixed red light'. Witness: "That matter belongs to the board." '■ Sir. Myers repeated his question, witness replying: "I seo thoso sort of things in tho newspapers." Mr. Myers: Has not tlio question been raised beforo tlio board and lieeil under their consideration for somo timo nast? —"The question lias been asked beforo tho board, but I don't know any results." Mr. Myors: I know there have been no results. I am not attacking you or the board on the matter, but it is a fact that tho matter has been raised P —"So I learn from tho columns of tho newspapers." • Mr. Myers: T. don't think you understand mo. . I won't ask you to divulge any secrets. It won!'! be waste of tim« to press it, as 1 propose to eall aiv other witness on that point. The Cry for a Flashing Light. Captain David James Watson, secretary of tho Merchant Service Guild, and a member of the Wellington Harbour Board, said that since June, 1912, his guild had been pressing tho matter of tho substitution of a (lashing light for the fixed red light oil Falcon Shoal. Aftor tho last mooting of the Harbour Board, ho pointed out to tho engineer by means of the large map of Port Nicholson tho possibility of the red light on Falcon Shoal being mistaken for Somes Island light. Mr. Myors: If this light had been a (lash light, could this accidcnt have happenedP Witness: It would not have been possible." Tho evidence was then read _ which was given at tho first hearing by William Noblo EdmOrtdson, assistant light-keeper at Pencarrow, and Philip Lo Mesurior, tlio look-out man on tho Dovon. His asked foil arrangements

to be made for a trip that evening to tho scone of the wreck, so that they could "go over the course." Mr. Macassey said that that should bo done. Man at the Y/heel and Others. Thomas Moore, tho man at tho wheol, who said that after going on duty at 6' p.m. he was steering By captain's orders all the timo. His last order was "Hard &-starboard," and two minutes afterwards tho ship struck. James Georgo Maurice, -chief officer of tho Devon, stated, that lie was on the bridge with the captain from 4 p.m. When the whito sector was picked up the order was given to keep tho light ahead. Tho Pencarrow lights were on their right, and they never lost sight of them. They lost tho white light (Somes Island) .in • a squall, but opened out a red 1 light, Hiid the order was given "Hard a-port," is they took it to bo tho red sector'of Somes Islaud. Had tho weather been nlear they would liavo seen both red lights (Falcon Shoal and Somes Island). To Mr. Myers: When tho helm was ported, Pencarrow light would be one point to two points on the starboard bow. ■' Francis Hugh Roberts, chief engineer bn tho Devon, gave evidence as to speed, and the ordors received on the engineroom telegraph. ' Lloyd's Surveyor on the Damage. Archibald Walker, Lloyd's ship and fengineer surveyor, stated, that lie had visited the w'reck almost daily, and knew more than he did at the last inquiry as to the damage. Tho bottom was "set up," there was a large rent on the starboard side from tho stokehole to No. 4 hold, and the stem was crackcd in two places. Edward Gould Ratley, fourth officer of the Devon, said that ho was sent aloft to get bearings, He described these.

Captain Quince, recalled,* produced tho bridge book, and said the entries ivoro all in ado at the time. He had not found. th'o azimuth . book Showing tho deviation of tho compass, but ho thought that ho could produco it nest day. '•Mr. Myers's Address for the Captain. Mr. Mj'crs then addressed , the Court in behalf of Captain Caunce. Inter alia lio remarked that in the caso of an appeal tho onus was upon the appellant to show that tho decision of the Court Wow was wrong, but ill this case that ,Was riot 60, n,3 til is _ was a' rehearing brdored by , Minister for Marine. JBoth on evidence and authority ho submitted . that the previous finding was .wrong.' Tho Court must find specific culpable negligence, as distinct from a mere error of judgment, 'before the certificate could be suspended. He reled upon the judgment in the Fancnoth case, which was the principal authority lor siioh" a contention. "Did Captain Caunoe do what he honestly behoved to be his duty?" asked Mr. Myers; adding, "If so, it could not.be said that lie was guilty, of culpable . negligence ■ amounting to default. ' Where a captain, tn a moment of embarrassment, -adopted a course which he considered the right one under the circumstances, tho most that could-be. said was that it was an error of judgment. There "Was no ovitlenco that the master did •not make 'himself acquainted with tho ■leading lights of tlio port—quite the contrary. Moreover the Court below, without asking a question on tho'point, came to tlhe conclusion that Captain Cauitce was a stranger to tho port, whereas in reply that morning Captain Caunce had stated that he had entered the port six times as navigating officer. The Court had also found that Captain Cannco did not open up the white' sector of the Somos Island light. This was contrary to tibe,.whole of tho evidence, as all tho officons stated that the {ship was headed; straight for the white seotor. Where was tho culpablo negligence which justified tho rum of Captain Caunca's career? _ Was' it -m porting his helm that night? Tho weather was not such as to indicate that it was not safe to go in, and other vessels wont in and out that night. The Devon was drawing only fifteen feet' of ■water, and it,.would have been neither safe nor prudent to have red'ueed the speed' of the vessel, as she would have steered badly had 1 ho done so. It was not unreasonable _to assume that ho was in. the Ted sector Somes Island light, and having to make up bis mind quickly, he at onco ported his helm, so as to get hack into tho white sector of safety. It was known now that ho was in a : position of safety all the time, and that j instead of porting from danger to safety 'he was porting from safety to danger. :-.'"l submit," added Mr. 1 Myers, "that in 'b. port like Wellington, in regard ,to >rhich wo hug the belief that it is one fcf the best ports in the world, a shipmaster should not, exccpt under very special conditions, be called upon _ to go out to sea and wait until morning. This inquiry shows that the port is riot ns well lighted as we think it is, or jshould, Jifee.it' to be." Curiously enough, continued Mr. Myers, the master mariners had raised that very .question, and pointed out that in order to make the harbour tho safo harbour it ought; to'be,. it was not proper to have thoso two red; lights in tho position in which they .now were, and that one or the other of them should be an occulting, light. , Tho wliolo. difficulty had arisen through the;red-light! on the Falcon huoy.'boirigraTfised'light"' like the Somes Island light*.'; The most • that could bo said was that in a position of embarrassment, an orror of judgment was made, and he submitted that tho Court could not find that such an error of judgment had been mad© as to justify them in ordering the captain to pay the costs, much less in suspending him. He asked that his certificate should .bo, handed back to him without any punishment or penalty. Mr. Macassey's Reply. In reply, Mr. Macassey stated that Jt was Captain Caunce's duty after leaving Capo Palliser to fix Bearing Head, but ho did not see oither Bearing Head or the green sector.' They suggested that lie had never really opened up tho white sector of Somes Island, but that what ho did seo was a light at Seatoun or elsewhere. To open up the white scctor he must necessarily have seen the green sector first. If ho was in the red sector he would have seen tho red light at Falcon Buoy at the same time. His knowledge of the lights was also deficient, or ho would have known that it was the Falcon Buoy ■light that ho had seen. Moreover, this was a deep-draught boat, and,- according to the "New Zealand Pilot," he should, not havo brought his vossel into tho port at night. In taking that risk ho certainly showed lack of judgment. Judgment Reserved. His Honour announced that tho Court would reservo judgment, but would endeavour to como to a. conclusion on tho following morning, when it would bo announced when their decision would bo delivered—probably Wednesday, but moro likely Thursday. His honour added that they had considered the question of going to tho scene of tho wreck, and did not think that any advantage would bo gained by adopting that course.