THE PENGUIN DISASTER.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9438, 7 May 1909, Page 5

THE PENGUIN DISASTER.

CAPTAIN’S APPEAL DISMISSED.

Per Press Association.

Wellington, May 7. Judgment was delivered in the appeal brought by Captain Naylor against the suspension of bis £certificate for 12 mouths in connection with the wreck of the Penguin this morning. Justice Cooper stated that he .entirely agreed with the finding of the assessors, and considered the vessel struck Tom’s Rock or rocks in the vicinity of Tom’s Rock. The suggestion made that the Penguin might have struck some submerged, wreckage was inconsistent with the circumstances of the case bn the night of the wreck. The assessors did not think the tide was stronger than 4 knots. Captain Naylor’s course was perfectly safe on allowing for a two-knot current only; if a 4 knot tide was running at 10 p.m. the vessel would, at the speed travelled, be clearly within the line of danger. The manner in which the Penguin got into the vicinity of Tom’s *Rock was thus explained. Captain Naylor‘was at fault in two respects. After running a distance of 14 miles ;.from ;Tory • Channel (knowing his patent log was useless! it was his duty to have been exceedingly careful and be failed in this duty. At 9.45 be must have bean in doubt as to his true position but continued- at full speed. The assessors considered Captain Naylor guilty not of a mere error of judgment alone, but of conduct amounting to wrongful default in not putting oat to Sea sometime before 10 o’clock. Captain Naylor’s conduct after the casualty was entirely free from blame. The Court added * that the Marine Department gave all necessary information about the tides in Cook ‘Strait. No order would bo made as*to costs His Honor pointed out that under Section 243 of the Shipping and Seamen’s Act Government had powbr to alter the period of suspension or issue a mate’s certificace to Captain Naylor. The assessors desirea him to say that while they had been compelled to find Captain Naylor in default, they regretted very much to have to do so. The Court regretted it more because of the good character, skill and pare which the captain had displayed in the past. * Mr Herdman said he understood in reference to what His Honor had said that is was practice in England to recommend the Board of Trade to alter the period of suspension. ■ His Honor said there was no power to do so in New Zealand. He had no donbt that, if the matter was referred question most favourable considerate the assessors they would give the tion.