ACQUITTAL OF CAPTAIN EDGAR.

Globe, Volume I, Issue 88, 11 September 1874, Page 3

ACQUITTAL OF CAPTAIN EDGAR.

[From the Leader.']

William Edgar, late captain of the British ship Oakworth, appeared before his Honor Judge Fellows and a special jury on Tuesday, to answer a charge of having, on the 21st of March last, neglected to save life in failing to vendor as-istance to the crew of a fisning smack mn down by the vessel off the Old Head of Kinsalc, on the coast of Ireland. The evidence adduced was identical with that given before the Steam Navigation Board and at the City Police Court, with the exception of the statements of Captain Graves and Shearing, which went to show that great danger would have attended the boat h aving th' 1 ship to render assistance to Hie cri'.v of tin- smack. John Christopher Shearing, m • manner, who stated that h >\ n ' i :oiu:n ind of any ship ai ; reIP. ! h ■ had pon-hii-i aoie experience , t!:<- itvij. on of th Irish Channel Under the evi mnee In had heard, mere would have been danger m Sending the boat away, particularly in returning. By the statement of the second mate, there was a good sea on, aud there was danger of the boat swamping. He bad been on the coast of Ireland, and had suddenly come on a boat which had not been seen until the ship was right on to it. Small boats are very thick on the coast of Ireland The best thing the ship could do was to heave to, and then she would have drifted. She would have to put more canvas on to have brought her back to the same spot. The ship oould not have got back to the same place without putting more canvas on. By the main yard being put back the ship forges ahead. Tne more prudent course was to heave too, as there was no command on the vessel at the time, Had he gone ahead she might have run down other smacks. Cross-examined by Mr O’ Loghlen : ConHdered that a master of a ship is more capable of judging as to what would be the best mode of acting under the circumstances than any seamen. Very frequently the captain of a ship finds one of the watch asleep. If there was a little sea and no wind the boat could have gone away. A boat lying on the weather side of the ship was a wrong position, as it would knock against the vessel. There was nothing to prevent more sail being put ou the ship if the wind was moderate. George Graves stated he bad been twenty-six years a master mariner. Knew the south-west coast of Ireland. On the 21st March it would not be break of day until after six. A ship would keep as near the spot under small canvas, as she would if she were hove to. Long ships like the Oakworth are very apt to miss stays. In the fishing season there are a great number of boats about. The ship would be quite unmanageable if hove to. Considering the quarter where the wind came from it was likely to blow strong. Did not think it would be safe to send a boat away under similar circumstances. She might go away, but the difficulty would be in getting her back. Would not like to risk sending the boat away if he was captain. Cross-examined by Mr O’Loghlen—There is generally a very fresh breeze off the coast when it is drizzling. When the boat left the ship she would go away before the sea, but would have to come back in the face of it. There would be great danger attending the boat’s coming back. His Honor charged the jury not to entertain the heartlessness of the captain in not allowing the men in the boat to go after the fishermen struggling in the water, but to consider the questiou whether the boat could have been sent away from the ship without danger to the crew. The jury must be satisfied that if the boat had been sent it would have been successful in saving at least one life, The jury, after a short retirement, returned a verdict of not guilty, amid demonstrations of approval from those in the Court. The captain, who was allowed a seat on the floor of the Court, received the congratulations of his friends on his acquittal. Mr O’Loghlen conducted the prosecution ; and Mr G. P. Smith appeared for the defence.