THE LADYBIRD ENQUIRY.

Nelson Evening Mail, Volume VIII, Issue 223, 16 September 1873, Page 2

THE LADYBIRD ENQUIRY.

This enquiry was br6ught to a close on Wednesday last when, after reviewing the evidence, the decision of the Court was given aB follows : — : The Bench feel deep regret afc having to • adjudge the conduct of a gentleman hitherto bearing a high character for nautical skill and amenity of manners, but they have a paramount duty to perform in the endeavor to protect life and property entrusted to masters of vessels on the coast of this colony, and (having duly weighed the evidence) have, therefore, unanimously come to a. decision which they consider neither severe nor harsh, bearing in mind the serious circumstances of the case, that the charge of drunken* ness while in command of the s.s. Ladybird in the Manukau harbor has been fully proved, and they adjudge that Robert Daniels' certificate as master mariner, No. 26,776, be suspended . for a, period of twelve months from this date. Commander Hewitt, E.N., who sat on the Bench, expressed in writing, his concurrence as follows :■ — "From the evidence brought before the Court, I am of opinion that Captain Daniels was drunk, and incapable of properly navigating his vessel, on the evening of 21st July. The only evidence which could shake that opinion is that, of men who had no direct communication with him, and from the nature of their duties, could scarcely have come in contact with him. From what we heard of the state of the weather, seafaring men would know how. dangerous it would have been to attempt to cross the Manukau bar on such a dark night (hat land only threequarters of a mile off was not clearly made out, or else why tbe mistake to which I believe the vessel owed her safety, viz, being run on shore under the high land. ; " The repeated assertions that ha would go to sea that night, in the face of the remonstrances of his officers, are only such as would be made by a man made foolhardy by drink, and not fit to be entrusted with the lives of his fellowcreatures. There is little doubt in my mind as to what the consequences would have been if he had fairly got down to the bar. • " Captain Daniels, when sober, must have known the dangers he would have to encounter if it was considered necessary tb^at he should go to sea that, night, but evidently did not appreciate the responsibility that fell on him as master of the vessel. He should have felt that in a great measure the lives of those on board depended on him, and prepared himself accordingly, instead of incapacitating himself by drinking. Looking at all the circumstances of the case, and remembering the high character given to Captain Daniels by men who have known him for years, I think his certificate should be suspended for at least 12 months." The Bench further: stated that as the. costs incurred by Captain Daniels had been very heavy, they thought justice would be fairly met by making no order for costs against him.