THE INQUIRY INTO THE WRECK.

Globe, Volume XXIII, Issue 2255, 20 May 1881, Page 3

THE INQUIRY INTO THE WRECK.

[PBBBS ASSOCIATION TBLBGBAM.] DUNEDIN, May 19. The Court of Inquiry sat to-day at 2 p.m. Thomas Henry Underwood, master of the Rotomahana, deposed I know Waipapa Point. I have been fourteen years commanding in oolonial steamships, and oontinually during that time passing and re-passing that point.

By Oaptain Thomson—With a heavy beam soa and the ebb tide from the southward, I would allow half a point off Waipapa Point. By Mr Simpson—There is a patch on the chart N.E. of Toby Book, marked " breakers," which in my opinion has never been examined. The harbor master at the Bluff told me it had never been examined, and there is no del* cription of the place in any chart I have seen. I think it would be quite safe to navigate past Waipapa if a light ship were plaoed outside Toby Bock to the N.E. That would give a point to steer for either going west or east. A light ship there would prevent any hesitation on the part of those in the command of ships to steer in the direction of Toby Book, straight through the passage. At present masters are apt to keep too close to the point in thick weather to avoid the rock. The dangers are very bad all round Buapake. I think the light ship would be better than a light on Waipapa or Slope Point. Both Waipapa and Slope Points in calm weather are likely to be obscured by heavy swells, which cause mists to arise owing to the breakers. It would be oft n difficult to judge the distance from either point, even though there was a light. On the other hand, the light ship would be in clear water.

Mr Simpson—Mr Smith, do you wish to address the Court ? Mr Smith—l wish to ask the first mate a question. Robert Lindsay having been recalled, Mr Smith asked—Can you state whether Captain Garrard erer gave you any instructions about not creating any unnecessary alarm at night ? Witness —Yes. On leaving Auokland last trip for the Bay of Islands, I was at the forecastle head. Captain Garrard came on the bridge. I saw a light on the starboard bow, and reported it to him from the forecastle head. Ho said, "All right; I see it." That was all that passed at that time; about 8.30 p.m. It was quite dark. About three-quarters of an hour later it was my watch on deck. He called me off the bridgo into his room. He said—" Mr Lindsay, never make any false alarms." Instead of being a bright light, as I reported, it turned out to be a green one. The light was a mile and a half off when I reported it to the captain. I replied—" You cannot judge of a light when you first see it." He said—- " Then never do the like again, because I don't like the passengers crowding up in a state of excitement." He said the officers should come aft on the bridge and let him know when the ship passed headlands or ships or other lights. On one occasion, after leaving the Bluff, we were setting the mainsail. I was using the after winch, and oalling on the men to hoist away and set the canvas. He told me he wonld not put up with that. He would not allow us either 10 set sails by the winch or to call out during the night for fear of alarming the passengers. This was on the captain's first trip in the Tararua. Up to foxy o'clock on the morning of Friday, when my middle-watch oeased, there were two orders in the night-order book, one to haul in the log at midnight, the other to haul it in at 1.30 and call the captain. There was no order to haul it in after 1.30. The log was hauled in at 1.30, and the captain was informed that it showed fifteen miles from the Nugget light. By Mr Simpson—There was no general direotion to the effect that it was the duty of the officer to haul in the log every two hours. I never before saw the oiroular letter produced, dated November 25tb, 1878 (addressed to captains of vessels by the managing direotor, Mr Mills). I now learn, for the first time, the instruction " order to be given to officers in charge of the bridge as to stopping the veßsel without waiting to oonsult the captain when having any doubt as to the safety of the steamer." I never had any instruction to that effect from the late Captain Garrard. Captain McGowan—Were you allowed the same authority as other chief officers to avoid I a collision ?

Witness—l would oertainly take the responsibility of looking to the safety of the vessel on my own shoulders. Mr Simpson—You did not understand Captain Garrard's instructions to forbid that?

Witness —No. I have stopped the vessel on my own responsibility. I did _it on one occasion to avoid a collision. Captain Garrard was in oharge then. He did not say anything. I was in the act of running to call the captain, but stopped tho ship first. Captain McGowan —Did the captain ever tell you to keep clear of danger without calling him ? Witness—No. In the daytime, if we saw a vessel we reported it to him, and he altered the course himself. Captain MoGowan—Did you ever do this on other steamers ?

Witness—When I was sailing with Captain Clark and Captain Tczer I was allowed to use my own judgment in clearing vessels, but of course I reported anything of the kind to the captain. Mr Simpson—Have you had at any time any different way of doing business than that which Captain Garrard adopted ? Witness—No; but he always liked to see everything. Mr Smith—l understand you t» say this : You understood the captain's instructions to be that you were not to take on yourself the responsibility of altering the vessel's course unless in the presenoo of immediate danger ? Witness—Yes. Mr Smith—That of course simply reduoes your position to what you really were —the mate of the vessel. Mr Simpson—Can yon give us any idea of

the work done in the ports of Lyttelton and Port Chalmers by the crew on the last passage o 9 the Tararua? Witness—We arrived at Lyttelton about twelve in the day and left about seven at night, having been engaged discharging and taking in cargo in the meantime. Mr Simpson—The crew were on duty all tho time ?

Witness—Yes, till after we sailed. We arrived in Port Chalmers about four on the afternoon of the following day (the 27th). The men worked up till six o'clock that night. Next morning we turned to at seven and worked until we sailed at 5 p.m. Mr Simpson—Were the officers at work all this time also ? Witness—Oh yes. Captain Thompson—Being at sea on the 271 h, up to four in the afternoon, you would have a rest from hard work ? Witness—Wo had all that evening in Port Chalmers. Mr Smith—You don't complain at all of overwork or over-fatigue before you started on the last trip ? Witness—No. Mr Smith —Now, do you think the crew were overworked ? Witness—By no means. By Captain McG-owan —Coming from Melbourne the captain and I used to compare our observations every day. Coming down the coast wo were too bußy to do so. Edward Maloney, recalled, deposed— During the first trip Captain 'Garrard was on the steamer from Melbourne, he told me I was not to shout from the bridge, or give any alarm which would frighten the passengers. Ho told me to come aft to report anything I should see during the night to him. After I took charge of the deck at four o'clock, the captain did not ask me to haul in the log. It was about ten minutes to five when I told the captain for the second time that I fancied I heard the breakers. It took me five or six seconds to go from the bridge to the captain's cabin. It was only about sixty or Beventy feet distance. By Mr Chapman—l only fancied I heard tho sound of breakers ; it did not alarm me. By Mr Smith—l did not then consider that we were in immediate danger. Mr Simpson —When you came on deck about four o'clock, had you any idea where the vessel was ? Witness—l thought, by the course given, that she was off Waipapa Point. Mr Simpson—Why did you think that ? Witness—They generally alter the course about there Mr Simpson—Then if you were off Waipapa Point, did not some surprise occur to your mind at the fact of not seeing Dog Island light ? Witness—lt being a hazy morning I did not expoot to see it for three-quarters of an hour after passing Waipapa Point. Mr Simpson—After passing Waipapa Point, are there any dangers ? Witness—No ; the course is then perfeotly clear.

Mr Simpson—Can you oome close into the land after that ? Witness—No, not close ; but we can go much nearer, because it is then generally daylight, and we can see what we are doing. Captain MoQowan—What were the orders to the man on the look out ? Witness—To keep a bright look out and report lights and any danger. Captain McQowan—lt was the duty of the man to report breakers if he saw them P Witness—Yes. When the oaptain went to the wheel I looked oyer the starboard side, the shore side, and I saw the breakers close in. The man on the look out ought to have seen the breakers a little while before I did. Oaptain McQowan—You trust the man on the look out to report anything he sees ? Witness—We trust him to a considerable extent, but we do not depend on him altogether. Wo never leave the bridge and place confidence in him to report everything. Captain McQowan—You don't think he was blameable for not reporting. You think he was not censurable for not reporting breakers before the ship struck ? Witness —He may not have seen them. Captain McQ-owan —The evidence shews that he did see them. Mr Smith—On the oontrary, it shows that he did not, as I shall presently prove. Captain McQ-owan —The man on the lookout ?

Mr Smith —It shows strongly that ho did not know. You have mistaken the evidence on that point. Mr Simpson—lt is a matter for surprise if he did not. Mr Smith —Can you suggest any reason why on that night the surf did not become visible in beating against the reef until you came close to the reef ? Witness —The state of the night and the ebb tide; that is the only reason I can suggest. There were no sails set to interrupt the view.

Mr Simpson (to the witness) —You have, yourself, nothing which you wish to say to the Court ? Witness—No, your worship. Mr Smith addressed the Court on behalf of the mates. He pointed out that the two officers he represented had been placed in a most anomalous position, through the view which he understood the Court to take on aocount of the very ambiguous language of the Act. The position was rendered more anomalous by the conduct of counsel representing the Crown. He had perused what took place in Court recently, and found that counsel distinctly stated at one stage of the proceedings that no charge was made against anyone. Mr Simpson—Certainly, that Mr Denniston made no charge. Mr Smith went on to say that counsel for the Crown had stated that no charge was made, and to that dootrine the Court gave a tacit consent. This was at the time he objected to the reading of a telegram sent by the late Captain Garrard to Mr James Mills. His Worship had considered that the proceedings would have been stultified if these officers were not put on their trial with this ruling. He (Mr Smith) did not agree. He held that the object of the inquiry was to find out the cause of the accident, with the view of preventing like occurrences in future. Mr Simpson granted that there was great ambiguity in the Act, but the Court had followed the practice in England and the colonies in similar circumstances. Mr Smith said that if he were engaged in any more oases of this kind, he would risk all the pains and penalties of the Act, and insist on his clients keeping their mouths shut. _He then proceeded to traverse the evidence given at some length. Mr Chapman, on behalf of the relativos of the captain, followed in the same direction. During the course of his remarks he said that it was very easy for newspaper editors, sitting in easy chairs, to throw the blame on the management of the ship, and show how easily in their opinion such casualty eould have been avoided, but he opined that the Court would have discovered from the evidence given that it was much more difficult than the newspaper editors imagined to arrive at the real cause of the disaster, and say definitely what should have been done to avoid it. The Court rose at 5 30, Mr Simpson intimating that he would give notice when they would sit again to deliver judgment.