WIMMERA INQUIRY

Dominion, Volume 11, Issue 270, 3 August 1918, Page 9

WIMMERA INQUIRY

A DAY ON LEGAL POINTS. By Telegraph.—Prose Association. Auckland. August 2. At the Wimmera. inquiry nearly the whole morning was spent in the legal arg.iment, begnn yesterday, as to the admission of certain official records ae evidenco that instructions had been issued to Captain Kell in Sydney with reference to the route to be taken to avoid minefields. Mr. Mays, for the Department, said ho proposed to show through Captain Hall Thompson that instructions had been handed to Captain Kell in Sydney in regard to the route to be taken, a cours-a Jo which Mr. M'Veagh and Mr. Blomfield objected. . Captain HaII Thompson said ho had been Naval Adviser to i the New Zealand Government for the past year. All confidential instructions from the Admiralty and other instructions wero issued through him. The mine-sweeping operations at present carried on were subject to his control. Confidential instructions to shipmasters were issued in writing in regard to the Wimmera. Heproduced a copy of confidential instructions of a recent date, sent to tho Collector of Customs. Long argument took place regarding the admissibility of a copy of the document. Mr. M'Veagh and Mr. Blomfield objecting on the ground that it was only ■portion of tho document and that tho whole or none must bo produced. Mr. Mays stated that lip proposed to ask the Court to take judicial notice of the fact that the naval authorities issued instructions to shipmasters from various ports, and also of the fact that the nation was in a state of war. He proposed to prove actual and i.flleial knowledge of tho fact that tho naval representatives in Sydney did issue instructions lo shipmasters. ' He submitted that the Court could Like judicial notice of tho fact that tho Admiralty had issued warnings, orders and instructions, especially route warnings from Sydney, which was a naval station. Ho would provo through Captain Hall Thompson that actual warnina had been issued especially in regard 'to the voyage, from Sydney to Auckland end buck. Mr. M'Veagh, for the Huddart, Parker Cn.. further objected. Mr. Cutte.ii, S.M.: Thero is one difficulty that arises. Suppose I concede everything you suggest, Mr. Mays, and hold thai rhis cablegram from Sydney can be given in evidence here as received officially by Captain Hall Thompson, that does list get over the fact of proof of delivery to Captain Kell. Mr. Mays: I am asking the Court to presume thai- Captain Kell got it. Mr. Alexander, who appeared lor the widow of tho third officer, pointed out that if they assumed that this particular document 'had been given io Captain Kell it would be an admission of tho very thing the Court wns asked to inquire into, and therefore it was most pertinent. Ho suggested that if necessarv the Court should adjourn and. have tho original document produced. Tho case could go on in the meantime, and the further question of the protest could be restored Mr. Mays said he could get a copy of it with an affidavit that it wns signed by Captain Kell. Mr. Culten said it seemed to him that tho best course was to ndjourn and get the evidence from Sydney. ' After some further discussion the Court decided to leave tho point. Captain Hall Thompson gave evidence regardini; the issue of instructions to shinning masters, tho nature of the mines discovered in New Zealand waters, and the precautionary measures taken. The Court adjourned till Monday.