THE SECOND DEVON FINDING.

Dominion, Volume 6, Issue 1859, 19 September 1913, Page 7

THE SECOND DEVON FINDING.

COMPLETE REVERSAL.

CAPTAIN BLAMELESS.

CERTIFICATE RETURNED.

PORT LIGHTS IMPEACHED. J

Complete reversal of a previous 'find* ing was embodied in- the judgment as delivered yesterday by his Honour Mr. Justico Chapman in regard to the wreck or the Devon on August 25.

The following is a summary of conclusions arrived at by the Court:— The master passing Turakirao Head fixed his position by bearings taken in daylight at one mile and three-quarton which ib a safe distance. Ho passed Baring Head without seeing it clearly enough to get further bonrings, and continued his courso from Turakirae Head until, as lie thought, ho clearly saw that ho had entered the while sector of Somes light.

Did Entor the White Sootjor. The Court concludes that he had. in. fact entered tho white sector. .In addition to tho master,' tho chief officer who was on tho bridge, tho fourth officer who was on tho upper bridge, • and tho look-out man all say that they saw a strong white light. Tho fourth offi-; cor from tho upper bridge took a,bearing of that light by tho standard compass, which confirmed their observations. No suggestion has been made as to tho existenco of any white light, that could be mistaken for Somes Island light.

Missing tho Creen Unimportant. The Court has, however, considered whether it 's possiblo that tho lower light at Poncarrow Head had been mistaken for it, and is of opinion that this is met by the evidence, that both the Poncarrow lights were continuously visible on the starboard bow from a timo prior to tho sighting of the' white light on whicli tho master relied. Tho Court is also of opinion that, in'squally weather such as provailed, it is by no means an exceptional oxperibneo that, a navigator' should cross tlio green sector without seeing it. According to tlio evidence of tho officers, tlio master ran well into tho white Bector boforo altering tho course of tho vessel. He then headed for tho white. When, this courso had boon . run for some minutes a squall passed and obscured tho white light without obscuring Pencarrow lights. When this squall had passed a rod light was observed right ahead, tho white light still being invisible. The master judged that he had got too far to tho west, and had entered tlie red Somes Island sector. The area of the whito sector is at this point about tlirco cablos' and a half in width. The Light That Did It. Tho Court is quite satisfied that what tho master saw after this squall .had passed the ship was the Falcon Shoal ■ buoy light. It is by no means an uncommon cxperienco that this light should bo visible when Somes Island light is pl|ut off by a rain squall, such as was then passing up tlio harbour practically from south to north. Though it is a small light, and in ordinary circumstances can easily be distinguished from the poworfill rod light on Somes Island, the Court is of opinion that in squally weather such as prevailed, the mistako may be raado. "■ What Happens In Squalls. Mr. Archibald Walkor, surveyor to Lloyd's Register, has frequently been out to the wreck since ,the first inquiry was held. Ho thus states his experience as to the lights:— . "Up to that time I had no knowledge of the various sectors. I gained sorno knowledge after- my operations at the wreck. I havo , had the experience similar to the officers of the Devon, being in tlio whito sector, then a squall coming, then a red light apptaring which ■ appeared to be tlio red light' of Somes Island. Wo wero in the white sector all the time, but wo seemed , to bo in tho red." That, in tho opinion of tho Court, wai the condition wliich led to tlio master thinking that ho was looking at tho red soctor, when in reality ho was in a safe position in tho whito sector When Falcon Light Dawned. It was suggested that if a navigator in fact saw the rod light of Somes Island lie ought then to sco tho smnll light in front of it. That argumont, however, cannot apply undor all conditions of atmosphere, especially ab the strong light ot Somes Island while in i view would tend to render tlio smaller light inconspicuous at a distance of 4 miles. Having lost tho white soctor seen a red light, wliioh ho took for the ted sector, tho master had to determine what to. .do. He, in fact, altered tho vessol's courso in such a way that she got into danger in a few minutoß, and he was unablo to got her out beforo bliq went ashore. The Court is of opinion that with what ho had observed of the lights in mini, tlie master not unnaturally altered his courso to tho eastward, fcelitlg certain that ho would in a very, short timo re-enter the white sector. Put Baok to Sea? Impraotlcablo idea, It is suggested that his proper course was to havo circled to tlio west and headed to sea. As not know his exact position; this might'liavo been a very dangorous manoeuvre. With a ship 420 feet long lie might havo touched the rocks of tho Wost Ledge. Thq Court is satisfied that ho acted (without doubting his position) as ho sh6uld havo acted had ho suddenly found h'nisolf across tho line between tlio whito and red sectors. Ho was confirmed in his coiifidonco as to his position w the fact that boforo tho whjto light of Somes Island was observed he had not merely had a. glinipso of it, but had run for about 12 minutes, covering a distance of about 2 miles dircct for that light, and guided by it, both tho Poncarrow light? being thou in view. Ship's Speed irrelevant. ) As to tho sliced of the vessel, the chief engineer states that with a following wind it was between 10 and 11 knots. As tho master felt certain as to his position, and tho evidence shows that ho was right as to this, the question of speed does not really arise, as the vessel was fl miles away from tho anchorage. The master was not altopother a stranger to tho port of Wellington, but ho had not previously' commanded a vessel entering it. Tho master of an ocean stcair.cr cannot be expected to havo all _ the minute knowledge of - local objects and local conditions acquired by experienced navigators commanding local vessels. Ho had. however, made himself familiar with tno lights which serve to guide vessels entering the harbour. Lights present different appoarances under varying atmospheric conditions, and these become known to local commanders. Tlio questions put by the Minister wore:— True Causa of the Wrcok. 1. What was tho cause of tho stranding? . 2.. Was tho stranding duo to or contributed to by tho negligence or / wrongful act or default of tjie piaster F The answer to botii these questions

is:.ln the opinion of tho Court the vessel nag stranded through the master mistaking the Falcon Shoal buoy light /or the red sector of Somes Island light iii-such i circumstances that it holds that he,is not'to blamo. for the disaster. r PORT LIGHTS. MEMORANDUM BY ASSESSORS. ON FLASHING BEAMS. ' His Honour added that the assessors had-handed to Mm the following memorandum , which would bo forwarded to the Minister for Marine: — , ♦'Under tlio present system of lights at ■' the entrance of harbour the posi"ytiori of Barrets's Reef is not shown. S This reef is practically the only : ■ danger. • . $he' red sector of Somes Island light, /•.. :■ distant 5J miles away, shows over •, this reef, but the red colouring de- ■ creascs tho powor of tlio light'to v' a' very large extent, I which in hazy weather., or during rain is a ■serious matter. '4. ...white flashing light in tho vicinity ■ of tho outer rock on Barrett's Reef would make the entrance of ' harbour a perfectly safe undertak- ■ • ing when most desired, as a port of ' ;>Y refuge, instead of vessels being ad- .. vised to keep to sea under present . conditions. This light would supcrv, ' cede tho present low-light under . Pencarrow Head: pomes Island light should be occulting, ■ so that tho various sectors' could not bo mistaken for shore or ves\sels' lights. \ Falcon Shoal buoy should be a green gashing light. Under present con\litiolis this light invites disaster in ■ squally weather with rain. Owing'to. the innumerable lights on ; :' ' sh(ire. of great brilliancy and difi . ferent colours, all lights marking -/ dangers, and as aids to navigation should be flashing or occulting, so as .to avoid mistake. Question of Costs. Mr. Myers: Your Honour.said northing about the question of costs. Under the ordinary circumstances _'it would bo improper at such an inquiry to, ask for costs, as it was the duty of ithe Department to hold an inquiry. His Honour: It cannot help itself. Mt. Myers: But this ia a rehearing . made accessary through no fault of the captain. \ '. His Honour: The Department has 1 acted , with the utmost propriety. Mr.-Myers: I quite agree, but the rehearing was not granted in the first place,- though I don't complain about that.. I mention the matter and - don't press it, though your Honour has the fullest diisoretion.

His Honour: I have discussed 1 it with : the assessors, and have carefully con-sidered-it. I "don't think it would bo right to grant coats, as the Department, did what it was obliged to do in the \ first instance. Tho Court came to a decision and tho Minister decided, for reasons of his own wliich are not shovm, to direct that the matter shonjd be reopened by this inquiry. I cannot see that the Department has done anything but simply performed its duty. ; Mr. Myers asked that the certificate . of - the captain, which was in the custody of the Court, should' : bo returned, and" it was intimated that this wouldi follow in the usual courso. ■ , GUILD'S FIGHT!,. CHANGE IN HARBOUR LIGHTS. CAPTAIN WATSON'S VIEW. . Captain Watson-, secretary. of . ..tho Merchant Service Gjiild l , seen . at\ his office in Featherston 'Street- after the,/ inquiry, referring .to the assessors' ■ memoramdum. said 1 that this contained practically all that his guild had been asking for since June of last year. "I lutvo persistently advooatcd these re- , forms," said; Captain' Watson, "sine© I bccamo a member of the Harbour Board 1 in April, 1912. Wo havo asked continually for these ■ occulting lights.' - The third time was when I advocated an iocciiltinig Might on- Steeple -Rock.- -As for Barrett's Reef, tho Harbour Board •Engineer says the rook is too soft to put a' light upon, but if it is, a light should be put on Steeple Rock as the next best thing." Asked .as to the Harbourmaster s .refusal to answer the question put to him by Mr. Myers in cross-examination, Captain Watson remarked, "It was folly of him to plead ignoratico, becaiuso ho has twice presented reports to the board_ on the matter of tho Falcon Shoal light. As ■ a matter of f.'iot, I hadl in my pocket ■ at the inquiry the report which Captain j Johnston has prepared sinco tho last ' meeting of the board." Captain Watson : added that ho preferred to say nothing i Jn detail until lie mentioned tho matter at the Harbour Board meeting. ' Mr. R. Fletcher (chairman of tho ! Harbour Board) declined to say anything is to tho memorandum of the assessors, pointing out that the matter .would be considered at the board meeting, and what ho had to say he would ' leserve until then.

OTHER MATTERS,

' RECORD HILL CLIMB,

FINAL SURVEY TO BE MADE. BY SURVEYORS TO-DAY. . A final survey of the Devon ivill be made to-day by Captayi Taylor (Lloyd's surveyor at Brisbane), in conjunction witn Mr. A. Walker (Lloyd's surveyor at Wellington). . It is • Understood that a 'diver will also go down to inspect the hull. The result of the investigations will be forwarded to the local agents for Lloyd's (Messrs. Dalgety and Co.), and sent on to tho London office. No advice has yet been received from London as to the disposal of tho wreck. Rellaf for the Crow. Mr. W. E. Cocks, of tho Shipwreck Relief Society,. has recoived a telegram from the executivo of the Shipwreck Society of Now Zealand, whose head--1 quarters are at Dunedin, to the effect ■ that the executivo rogrotß that its rules .do not permit the society subscribing for the relief of the dependants of the ■crew who reside outside New Zealand. However, the executivo authorised Mr. Cocks to pay each member of tho crow the sum of £1. There has been some mention of people at Home who are dependent 011 members of the crew boing in straitened circumstances: Seen yesterday, the local manager of tho F. and S. Lino informed 0 reporter that tho crow had been paid their September allotment as requested when they were paid off. He added that 'it was practically certain that tho owners of the vessel would see that dependents of tho crew would not suffer hardship in consequenco of the mishap.

The Tecord hill climb for commercial Inotor vehicles in Now Zealand stands to the credit of the Argyll motor-lorry, which recently, in tho presence of a Government official and carrying a full load of two tons, with, four passengers 'aboard, mounted Reuben. Avenue, Brooklyn, up a ruling grade of X in 3}., Several other makes of motor-lorry attempted tho hill, but all failed. Argyll commercial motors are on order for the Wellington City Council, the Kelt)time Motor'l>ns Company, and several municipalities in the South Island. For full particulars apply J. E. Fitzgerald, North Wand Agent, Lambton Quay.—Advt.