RESIDENT MAGISTRATE'S COURT, CAMPBELLTOWN.

Southland Times, Volume I, Issue 5, 11 June 1864, Page 3

RESIDENT MAGISTRATE'S COURT, CAMPBELLTOWN.

.... *.t . j*. .■>.,* . '-» ■- -—.■■■■ ■-.•■- ■■,■-_ - ..$ - 1 7 Tuesday, £th June. 1 (Before I. M.Watt^SsJ fCapt. Elxes; TheOph. .£ 3lEAi.Bß,Esqi;Ealid'CaptlNicoi.) j OFFICIAL ENQUIRT.JSXO THB 10S3 OF S.S. BCK)TIA. Capt. .Thomson, Harbor,^TMaater, at, i]^ T&luff,' 75 v Agpii_ evidence aV^ollows :-^AbSdt 711 " o'clock, on night of 2nd ; inst.f heardy report*: of : a gun. 1 Got, but of bedvutimediatelv.f and ; sayr a.,,Btcamer,f sup-* '•"' te betho "Hero." J Tu^ght^'^ra^[ iot;aJ j '"■:! strange vessel,' as it wpuld-'ndt have^ebme so jelo'se I , „to shore... j About^-wo, minuteß^after Storing] gun j V J fired, heard vessel steike on the rpeks, at^thump-f| ing heavily aft. Enquired'bfYtiHgniecr If jahipfJ .-■- f-waa maldng-aAytwa'tCT/.y He>wportedmo'Svater -in?; fore hold. . [About -10 immutesjA (rp-i sorted the^i-erftcmg put' dut'b\r y water. I got/dni oard, and 20 .minutes after hearing gun fired, she was. filling in /all.^^ compartments.,.^ I then L - T fitted 7 off J fOT i alsistance. "-^VhenlC got' the hands,; r^s.'i.togetliOT^ tbi commeneea- toii&iseharge" cargb,| thej Water was within a few inches of the cabin, deck. By the Court-r^Dliejed Hght oh tho flagstaff at,. " Stirling Point was . burning ,brightlj^. at,^the 'pme^ '^V' die sMp^stru'cl- 1 It^ould^^'he' seen 1 three^^Tnile^ gff^ Tho sailing directions were sent ion iboard| the veßselthe lasyimejhe T^jLhe.^.,,*Paptain,Gay|)rpj duced them to me; he thought they wemharhor s ■■■• t * regjiftti6nS>^ jWhen s^?v | Was ! "^in coinmah^.bf^CapiaiiL Gay. The vessel now lies on a^^f ''nuiriMfr'S.E. off Stirling Point, inside the outer .patch of rocks, ahd the aanie as' the one the flagstaff stand^on.* r Thejbreadfih of 'A2tt^&:_*al»ll'^^ at that place. She appears to have been steering the- same, course from the . pointy outaide Stirling. Poiiit.' s Yv -j_he^^ffing s directionß*^ npt^totoig tKe| shore bo cldse, aS f tKe'^reif extend?' 'UbQ DpnTL 5 - the *> * vYßlvore ?iTke7v<aserridw lies* ahoiiC -3d%Moms ! fromr By Capt' Gay*— l went to bed a*Httte_after 11* p'fclock. Had notrb'een' to sleep.^ I Xa rpo»i4yely^to;,;aife^i^utes.y It judged' the time ' " r thollre^k*oO& '^-^"" veS3 ei would bo about two minutes. J -It* -v , would. .taker a -j-ycssel aboufr)ls minnte|jto]cpme 3&ot-Out" P&nt at the ra^O of seven knots an hour. , — re --k *"f ■"' Gustavus Longfort,* pilot at tho Bluff Harbor, stated that he heard the report of a gun at eleven o'clock onthe. 2nd insjk to Stirling Point '-^aw" steamer* inside the outer rocks. Hoard her striking. .[While .looking at her JBho weutTaUead. [her^^ ownlleng'th^into the position in which she now lies. t r ._ j. »r irßyi the •Qouf^-It vfoo^* me tm or. tlpree " ' nunutes^to go irom my. house to Stirling Point. The nightlwasT hot; awfy CdarlS The light was burning JmgMy,p_njhe^ ' Beldoin comeiia at night— they genejaUy^.wait put--flide]f6r"the pflpty /If^eTi^liu_3utade, I should: ; _aye gbneoff to her andbroughtherin.andanchored her inside Staling* Point Yi/Tho channel is about a mile broad at S.E. of Stirling's^Point. There iß** nodanger^in shore bf 'tlie 'buoysr "Could not see the buoys at night- — -The bearings i of tho_Ught , vr quid give. the ppsitionof, tho!veVsel^betwedn the " itwo points., pTTwrmaster- 'of- s a: vessel; ordinarily acquainted with; the port ! could7npt. .^fcly come ni at night; 1 - 'bn night ; fpllqwing the S.S/ ... Omeo {came -in • froihi\tho rYVYiat-: 6 * p.m.; - it • was - (^rkeron that occasion, than on- the night of ihe Scotia.going ashore.-, jjs-v'o ;a -^ .-■'-. '-a - : ;'*•■■_ ; .* jHenry7 Francis ,Gray,Hi»i passenger, gave" evidence aa.totheiribeingV bright light on the flag.:,staff. ~\o^n..*^ginCw^-fi^. , d; : , tKe "ship appoarod- ' itpbe cloj»e : 'to tile shore, but, not remarkably so.( 7 -Cl^lesjlbbptspn.'-a passenger;:Btatedthat : early in the 7-evenmg*the.'fca,ptain had.declared^his intention -*to lay off'~-till- the morning. Aier .-..dark- the^ ongines.-t were going iialfl^efedT Sub- ' v.sequently-ithey'' went at dull' speed. ; /jDhecweather 7 had: then , cleared; ; np: . s Gaptain t said ■ he^'should ' . tsteer foWtho v Karbor, fire* a;gun,' and'wait till^^ pilot ' c&rnoioSl, ; jf^ jiot^iflie . i^ould anchor till *morriing. Afterwardß heard gun£red. I was below reading at the~time-/.v-Wh€[n IjCame-on deck' the vessel iijas *' stM -progressing/' and struck;/; seven .tor -eight? minutes ■ afterwards.--. Previous to ship striking orders hai been given to " port the helm " and v*.'*harcl;-iv-port." ;-Tho vessel'&4 not seemjto answor Kerhelm, asthene_Tf=lightwas still in same position.^J[jdid7n^ ' * *T^^ny"6ne~asßisfciiig '"-'the captain; but he after-- ,-- .wards/, fltated) thati He iJeen fobllehough ;to . " trust to [^prae*,one^^qwledge*;o^thepprt.^ ' j . Charles Ha^a Easaeijger, ga^e.evidence similar to thaCpf the pre^-idus witness, s- *--* *"■ jY--1 Charles Nelson, ..seamanr on board the Scotia, stated the gun 'waslffred Yten^minutes before the ship stmck-^^'saw^tlie^tM^light throe or jour . ; « minutes Afterj-the .gun^i»s[ J ,fired.T^olno<r^ow A*i Twho ' gaye^e'iprjdersrtfrpm-the; bridge;* The" E ship G^_elm,whenp^deredi} ; She liad good^steerage way. [ ; 7'3ie7sWp'a*7he^r'/had-!." P^"ijg^.j[»fq»jßH -Shejwas.. then::gomg at X* fi7xq7^iOts^an ,hpin:.,;iisl-.have.(been two .months- pn „ [ boOTd.7the7v,esßet._; -Ughtj ;hpt so well when loaded. ■ .^v,j:r.s'*-;j»!q i *••.'s ■f-.-i'V*' 3 ; .JTha Quarter -M-Mter-jWa^then^briefly examined, 'evidence ''waVunjinjjOTtjint.^^..^.. i. \ ~"~ YTames' Smith, Becbhd engineer, said he was in charge at tho .time the-' ship" struck. Heard the gun fired. The engine- was making from forty -: A.o , * forty r- twpTj*reyplujiions I at V/the^V lime. *i •'. The 1 ? greatest " „. rey.olutions she hds mado is seventy-'th/teer* 1 f When the gun was fired it was thirty-two "minutes past ten, o'clock. i;.. WhenYthovves'sct- i-strnckYit 'wasJ^O minute^ fo * , eleven o'clocki.Jil^stpppedi' the engines withpiit 7::orderi;; ; When sh* s*tTUckorder3-were"'giycn7fo . - ahead; full.speed until ; ordered'b^ ? chi6f bn^ocr to i-stop her. v.Captem'dMered^her fp^p aliead'/again. .. The 'water -by, "this it^'o -was over -"the fires: '; ' ; Y -[ Edwd. [Kidney, cliief officer, said he had bcen^tp ' 31uffcfl^cbbritwice. Before. When coming rpynd Look-out Point, had soundings taken?- st cast ; of .the*leadrnorßounding. , f**'Bocondroight 'fathoina ; tiiirdjT^cyon anaYa half fathoms. Bthen went forward to pr^axejb^/j^^hor for letting gol Remained there/t-inij^h^siartick. Sgislrig where Bhewaß~going, tf^^M|mrd a port.". The captainjyas on'the^-OHttp^h? ciia.rgb.tili -gave the order 7 because i JL thought the ' shu> was too close in. The cap(ami[ info rmed/mejbefore she struck that Mr. CampDeiL^Ko was"well 'acquainted /witli the pprt,fofferedd^is j^M^n^ltoJ^e'h^ihriMrl * <sampbill' ? was A on theliridge. "I have never been! in Bluff Harbor £ at;night before.-v'iT hold a mate's, certificate. X ; . .7 ......^, I CaptjHul'Svjnuv^Gayistated— l'havenever been at Bluff Harbor beforg. t __About 10 p.m. we ap-J proached Look-o\it Point. J^then^gaye-orders. toj -i the^ffiefjoffibef^to^^owl^ \engihjßs'[a:nd'fire the| .* guni.^After ' rounding s lSe^ndxt 3 [ ppnit^' bHwecn' Look-but PPint'and''Stifhng'T > om^^ tnej .ted,ligW|^Xa s^dMr^Camphelli?who*vblttn^^ "assistance to me, what flight' th[at was. He said that! it mußJfc.be a ship'sT^ht,! ■. • Baas 'to* Campbell a^ani^if 'itjwas.' aU right-r^he answered; •[Yosj I*^tHeri^saw-witli- my[*mgKt.g"U^s.[a lpw[pqint, \ .•and immediately; -/ga^e!," the' order'7' -J^ '< fit --was' auswSred 1 By'the * c^OTter^maa^r^jand[ the 1 7Aamhatthehehrf. <h l[ : agmh"calledou^^ '' J^rd-a-pprt," ! 4he answer ws- J "'M wpis a^pbr£"'/..;' I; then^wentl/fo j -the telegraph to'sto^p-Tief/'butf BK(fJ ; BtT.uc¥jf Found j . 4Ahat sliofgot^oTer-thefirst TOck?"s"le^t&' engines lj fo-ahead, but she agaihlslrufct^'P &en^ ttiedf ro i\ )rceshWpver;*p^^ ; Werj'-I^thenitelegrajpheli engines -*topp^*j ; then aske^ keeprhl^-g'Sing^^^s'jlid^ over oi&Bxes. e& When -T tb.e'„case ''hbpeTess; I-tTfpug^ht"'tlie-beßt'thihg''TO^ v to [land theip^^ger»- yJj -' n( fX~ '& syfc: ” °' j XX . 'Aa'AaI \. Ai' weathet^bffchicK'^T r ei^resßVd^^^ to go : ; jh^!i3BSi^tli*^^cleared,iip!, . Putlh'e;sngiiies as slpyr^M* ; 'ttej*3vroifld* goV - Bluff,' then mide fuU^peed ,till^e made *i^ok-6ut Point, thenfiSf flpeedT^Fhad not -read the sailing dir«*fcffis^folr hoard ;" thoughtd^t^tlig^l^ere^ as they we»;dW/ahd fignrediupon. notice _of tliemr^ai^6ti^Daisr !^*^ vessels butt^edtdd^et^ no^MofmatioSif "r^enihfii^ tKe>'g^H#as.ls^^ the people of Cthe pilot,' as- 1 wanted td get away that night. I had a chart of

thp Bliiff on board. 71 could see tho land clearly ; thought wo were about [a cablo[ and a half from A„ie "shore. When passing the bay, before you come to Stirling Point, thought I was two and a half cable's length from the shore. Did not think there^as/any danger. . Thought the danger was at Tthe* other aide of the channel. A minute or two before theehip struck I discovered that the dight |was;. on Stirling Point. It isnbt/. customary for-sliips to show a red light. : •"'Campbell' Campbell, passenger.— l havefbeen -on.«the:cpast for four, and a half years out and injthe /Bluff Harbor -7 I was, asked to give my assisfence, 'to bring the ship, into port. . I ,\v-as 'caßedYon J: the bridge; just coming round Lopk- * ou*t' 'Pbint. When ' wo rounded Look-out Point, IScouldr see Stii'ling Point.- She was going in tKe' proper -directiohi • Captain: Gay remarked that UtYwas ebb- tide. • The.. Captain asked hie when tLgbt ori the bridge, if 1 7khcw [the Bluff r':l' said, IB'didi-Jv' After we -got round Look-out Point," „-b-o saw the light on Stirling Point; I said, I thoughtithe light -must 'he "■ a* "ship's 1 light on the .'bthpr. side - of therpoifit ; u butvwithihiione minute afterwo7^ds, [ I -jtoldi they Captain thatit Twas^aVthe ' Pilot Station. -. I did [nofe/lqaow; that there was a ; Jight;there.y Tiie! vessel: was steering well outside Stiriii*gJ;Point;rSvhen she fired the vgun she was^ . ; thev twoj; points, r. After the/ fireii^'E gun. l could not seevefyvwell on account thejiflash from' the gun- n-;. Captain Gay was the first to 1 howiv -near i wei were to Stirling 'Poiiit. Idp not think itjwas mq^e J^n-five or six minutes.after, the gun was fired that she struck ; am .quite^positive [7 that [the .red-light -was in sight ''before, the- guii wa^.Tfired. H have come into the Bluff bh as dark a night before without a pilot. I have brought avPssel once or twice into the .-Bluff- myself, but; not so large apne; as, the Scotia.' .* ..K. u f --*- . WEDirBSD ay, Bth June! „, The. Court resumed this. morning at, 10. o'clock. !:I Thos[ [Blair, ,one ipf the pilot-boat's crew, paw a steamer's light 7 while pn watch on the, flagstaff 1 platform; httle[7after ll on the night of [2nd June. , Left [to rouse the pilot crew, and when at /agunvjas. fired. Roused the crew; and J ..when returned po the 'flagstaff, the ; vessel was on L the^roclia. ( .occupy about four minutes to go to the house and return. ■ By, Mr. Heale.—^Thought the vessel too close in '^ 'Bhore' before shefiredthegun. Was quite sure I saw . the vessel and her lights before- the gun was £red. s Ca^ptam Thomson, harbour master, recalled, gave j evidence as to the Btate of the tido. ...... This, closed the; examination of witnesses. ; The following is. the. , , . ... OFFICIAI. BBPO«T. j " The evidence , clearly establishes, : - '^•'■'l^t^Th'at about 6 o'clock oh the evoning of tho 2nd instant, the .steamslup Scptia being their ' m " Foveaux'fl ' Strdits', the master never having * "before ""/visited "" Bliiff Harbor, ■' and the evening . being yeryvtluck anddark, he caused the Bteam to be eased, so that the vessel might remain at a safe "idista'nce"outsidb tho port, until about 9 o'clock. " Secondly— That the 7 weather having then bec6me*clearor, although still very dark, the master proceeded to run in for the harbor. " Thirdly— That a little before 11 p.m., the Bhip approaclieda pomt which Hes about \ of a milo S7S.W. from .Stirling's Point, and which it * seenis -is erroneously called 'Look-out Point.' by many persons frequenting this port, although it lies fully a mile nearer to the harbor than the point so named on the Admiralty, charts. - ; ''''Fourthly — That, when off this point, being -then- within six - or seven cables' length of the •Pilot Station on Stirling's Point,,; and not before, - the ihaater caused a guii to be fired, but continued to run on in excessive proximity to the land, at a speed of five or six knots per hour, the engines making;. from 40 to 42 , revolutions per minute, their maximum speed being 75 revolutions, ancl the water being smooth. " Fif tlily— That at the time the gun was fired, the red light. on Stirling's Point must have been opon to View from the steamer, and a red light at a considerable elevation ought to have been a ; yarning to the master to have been on the look-out for. danger, even though ho had not read the ' sailing directions ' for entering the harbor. AA " Sixthly— That the master of the vessel had the "sailing directions on board, and had seen, them on . the voyage.. In them a direction occurs, viz., — '- "'Between sunsot and sunrise, a red light will be : rhoistod on the signal-staftVStirling Point. Masters of vessels aro cautioned not to hug the point too close, as the roef extends about a cable's length to ' S.E.' of tie flag-staff." • "Seventhly; — Tliat notwithstanding this, the vessel was run almost directly for the rod light, and was accordingly stranded, at less than half a cable's length from tho red light. " Tlie opinions which tlie members of tlie Court coTnnot but come to on these facts is * — vi .-♦'lvrThat the ''master, was guilty of culpable negligence in not using the means in his power to inform himself as to the port he was about to enter. " 2. .That in approaching a strange port on a dark night; he ought, in common prudence, to have fired guns, and made other signals for a pilot earlier than he did. That after ho had fired the -gun, the vessel ought to have boon stopped and .kept ..lying .in mid-channel without coming further "ih; until the pilot had time to board her ; and ... "37 That ih running into a point bo closo to a bright red light, the -master was guilty of such rashness and want- of judgment as must render nugatpry;and useless j any precautions which can be taken to render the harbor safe and accessible."