THE TARARUA ENQUIRY ENDED.

Dunstan Times, Issue 999, 10 June 1881, Page 2

THE TARARUA ENQUIRY ENDED.

Dunedin, Juno 3. The following decision was given to-day by Mr W. L. Simpson : —We will now give our finding in the enquiry into the loss of the steamship Tararua. From the facts, the Court come to the following conclusions (I.) That the screw steamer Tararua was on her passage from Port Chalmers to the Bluff wrecked, and all on hoard, with the exception of 20, lost on Waipapa Point, on a reef locally known as Otara Reef, (2.) Tnat such wreck and loss of life was primarily caused through the failure of Master Francis George Garrard to ascertain at 4 a.m. on April 24 the correct position of his ship. The simple use of the lea l would have told the distance off shore. (3 ) That the course in avhich the Tararua was steered from 1.30 a.m. (a W.S W. course), assuming as the evidence entitles us to do, that the compasses were magnetically correct, was an inshore course, and therefore improper, especially as the heavy swell and ebbtide ten-led to set the vessel inshore. (4.) That we are of opinion that the veescl at 4 a.m.had not run her distance, but was considerably to the east of Slope Point, and, at comparatively speaking, a short distamco from the land. (5.) That at 4.25 a.in-, when the second officer first called the attention of the captain to noise of the breakers, the vessel was off Slope Point, and in the dangerous proximity thereto, on a \V course, but that the captain believed her to be off Waipapa Point. That when he altered his course W. to W. by S. J, lie thought ho was running in direction of Toby Rock, and that fear of running on that Rock caused him to alter the course in the short space of 20 minutes back to W. (0.) That, although it is to ho regretted that the second officer did not exorcise the power which ho bad to stop the engines if he found the ship in imminent danger when for the second time ho hoard the breakers, we cannot come to the conclusion that his not doing was a negligent omission. It was reasonable for him to suppose that the Captain had ascertained the position of the snip at 4 a.m. to 5 a.m. was sufficient, if the ship was on her proper course, to have enabled her to have passed all danger; and that he might thereby naturally he impressed with the idea that the hearing of the breakers could he only fancy, and took the action ho did,

report to the Captain in terms o£ hisorders. At the same time, we are of opinion that the leaving of the bridge at any time by an officer in charge of the deck when tho ship is under weigh is fraught with extreme danger, and that Captain Carrard’s orders to his officers to call him personally, involving as it d'd the leaving of tho bridge, were imprudent. (7.) That tho immediate cause of the wreck anl loss of life was tire negligent failure of tho able seaman, Weston, to keep a proper look-out, for we aro impressed with tho idea that had a proper look-out been kept, tho broken water must have boon observed some minutes before the vessel struck, and in all probability sufficient time afforded for tiro danger to bo avoided. (8.) That after tho vessel struck and filled, thereby becoming a total wreck, the Captain, in our opinion, committed an error of judgment in not placing his passengers in tho boats, particularly as the tide was ebb (and tho lime morning, the most favorable to work boats on tho coast of Now Zealand). (9.) That the Captain must have failed to have noted the pi oximity of the wreck to two Boat Harbors shown on the chart one to the cast and another to tho west, tho latter of which wo are of opinion, was available. (10.) Tho Court are of opinion that the boats having been in existence before 1879 the Act and regulations were complied with, so far as their proper number and character were concerned, as also the number of life-buoys ; the boats were fully equipped, with the exception of life-bolts for tho crow of the life-boats required by tho Act. According to tho evidence, the boats would not have carried the whole number on board tho vessel, but a very largo proportion. The Act and regulations do nut contemplate that the boats should carry on all board, however necessary it might appear under certain circumstances ; nor do they make any provision for the carrying of life belts for the use of the crew and passengers. Wo cannot help staling,

however, that many lives would have been saved had life-belts beau available for the passengers and crew in this case. (11.) We aie of opinion that after tho vessel struck tbo boats wore almost, uselessly employed. (12.) In roferoneo to the management of tho boats, wo are of opinion t hat tbo loss of the first officer’s boat mieht havo boon avoided by more skilful management; but,although censuring tho first officer for his lack of skill, we are not disposed to say that tho casualty that resulted therefrom was caused by his wrongful act or default. As to tho second officer's boat, wo can take no exception to tho way in which it was managed ; but wo aro impressed with the idea that had the crew in the lirst boat been supplied with life belts they would have incurre I greater risk in their attempts to roach the vessel after the sea began to rise. (13.) From tho evidence, we are of opinion that after noon it became a difficult and dangerous task to render external aid to those on tho wreck ; but wo cannot como to tho conclusion that it became an impossibility to render any assistance, and we think that, notwithstanding tho nature of tho telegrams making intimation of the accident, aid should have been endeavored to have been obtained on first notice of the casualty from Invercargill or tho Bluff, the neares* ports to the wreck—the former being 45, tho later 20 miles distant, to give a chance of assistance reaching tho wreck before dark on the 291h, for no passenger vessel on a rock can bo considered in any other but a dangerous position. At tho same time we admit that every promptitude was used to send aid from Port Chalmers. (14.) That we are astonished at tho fact that the officers of the Tararua wer~ignorant of the deviations of the comp; _• tWhen it is considered that at any moment, tifffough accident to tho master, the command might have devolved on one of them. We aro not prepared, however, on account of tho peculiar discipline on board, disclosed by the evidence, to say to what degree, if any, this ignorance was attributable to their own neglect. These being our findings, wo return the certificates to the officers. Wo aro going to make the following recommendations to the Government (I.) Considering the numbers of vessels that have been stranded on or near this point (about ten in number), the necessity of a light to render navigation safe is urgent. (2.) It should be made a regulation under “Tbo Shipping and Seaman’s Act, 1877,” that all passenger vessels trailing in New Zealand waters should carry life-belts for the maximum number of passengers and crew such vessels are entitled to carry at sea. (3.) A regulation should also be made, compelling the oxe cise in the management of boats at stated intervals. — W. L. Simpson, Wm. Thomson, Wm. MacGowan. Mr Denniatou asked tbo Court to award costs under Section 245 of the Act.

Mr Simpson—Considering that the captain has lost his life, there is no one against whom wo can make any finding in that respect.

Mr Smith-—The Act empowers the Court to give costs to witnesses. Mr Simpson—Witnesses, of course, who aro summoned.

Mr Smith—Yes ; exactly. Mr Simpson—The matter is regulated by the statute. We require to make no order.

Mr Denniston—All witnesses have applied for costs. Mr Simpson—All witnesses summoned are entitled to Supreme Court costs. Mr Smith—lf you will certify— Mr Simpson—l have certified in every case in which application has already been made.

Mr Smith —Tho first and second mate’s costs—

Mr Simpson—lf they apply for costs I will certify. We wish to say that wo are obliged for the way in which the information has been brought before us by the Crown, and for the light that has been thrown upon it by the other legal gentlemen.