THE TAINUI DISASTER

Dominion, Volume 13, Issue 134, 2 March 1920, Page 7

THE TAINUI DISASTER

PARTRIDGE'S CASE DISMISSED, . . CONDITION OF BENZINE CARGO. ,' By Telegraph-Pre?* Association. Christchurch, March i. In the Magistrate's Court to-dav,.be-fore Mr. W, R. M'Kean, S.M., Frederick William, Partridge, manager in Christchurch for the Vacuum Oil Company, was acquitted on a charge of negligence in connection with the loading of tho steamship Tainui. which was burned off Goto Bay in September Inst;

In acquitting Partridge, His Worship said that it /was perfectly clear from th<» evidence that the bonzi'ne placed aboard tho Tainui had been ,jn a condition in which it should not have been placed on board a vessel for transhipment to some other port; but he thought also from 'the evidence that 'an inspection' of the cargo, as it had come off the Carolina would not have revealed,that it was in any -worse condition than the average. It nppeared that not until the cases were disturbed did their bad condition become noticeable. The same applied -when the eases were standing, in the trucks. As soon as the men started to handle the cargo its condition 'became obvious, and , when the cases were put into the it was seen that their condition was very far from. satisfactory, There was no doubt that' leases of that kind should not have been nlaced aboard the Tainui. The practice followed for som'o considerable time was one that should not have been followed, and one contrary to,law. Not Partridge's Duty to Know State qf Cargo. . But when it came to deciding the liability- of the defendant Partridge, it was a different matter. The onlv suggestion 'that the nrosecution could 'make with' regard to Partridge was,that it was his duty as manager in Christohnrch for tho company to.have made himself familiar T\ - ith the condition of that cargo. The only'way in which he could have done . that, was by'standing at the ship's side and watching the cargo put aboard. That would not form any .part of .the;duty,:.oi the company's manager- in' : Christchurch. . Some idea of the'condition r of the c.vgo could have been obtained from the Railway Department's receipts, but it had not been -shown that tho«e had come under the.-notice of Partridge himself-, There was no real duty resting upon the Vacuum Oil Company to make itself ■familiar with the condition'of this cargo, since it. was clear from thelevidence that the custom was to place tho responsibility in that direction"upon the officer* of the on-carrying ship. Both the capnin htk\ the mate had been to some extent supervising the loading of tho Tainui that day. , ■ , ,

It would be absurd to suggest that the nlana?er of the Vnouum Oil Company was liable to a' fortnight's imprisonment for not making himself familiar with the state of the cargo when ho knew that the custom was for. the officers of the ship to decide whether or not the cargo was in a fit condition to be taken aboard. It certainly seemed that the proper persons to decide were the officers 'Of the shin. The' case had Veen brought under criminal law, and it had not been shown that there was rfny breach by Partridge of any specific duty imposed upon him by statute. The regulation under which the information, was laid was a .very wide one, and misht, Mr. MTtoan thought, be extended to include a great many persons other than those concerned in the present charges. Fad it been shown that Partridge had had some personal knowledge of the condition of the, cargo, there would h&vp been some for him to answer. As it was, no case had been made out against him, and +he information would be dismissed.

Defence of Needham and Smellie. Sir .Tohr 'Findlav, K.C.. opened his address on Mai* of the defendants Needham ar<? SmMHe. He felt sure, he said that he "'■ould ha entitled to a dismissal of the informations without further trouble. But his instructions were not to ask V that: ho had been instructed to take the course that would make for the possible investigation and publicity, «nd that would show , that the New Zoplind Refrigerating Company-did not 6eek shelter under any technical defence. Tlk "ompnny. wanto<l the fullest possiblo -nvestigation of all the cbciirnetances- of the loading of the Tainui, of her construction..and of the acts or every officer connected with the Refrigerating Company which in any wav bore.upon the position. Such an investigation would serve the purpose of clearing the public mind of any element of suspicion that there was out of gaol someone who .should have been in gaol on account of the Tainui disaster. ,

Several witnesses gave evidence as to the Tainui being in a seaworthy condition, and tho further hearing 'was adjourned till to-morrow.