THE WRECK OF THE SOUTH AUSTRALIAN.

Southland Times, Issue 657, 15 April 1867, Page 2

THE WRECK OF THE SOUTH AUST RAL IAN.

.>;.■ THE OFFICXAIj ENQUIRY. The jsaqwry into the cause of the. wreck of the steamer South Australian, on the night of the 2nd ihst. on * a reef near Coal Point, was commenced on the 9th : inst., in the Supreme Court, there having been a day's adjournment, at "the request of Mr Macassey, on behalf of Capt. Mackie. The inquiry was made on the information and application of Mr T. , Hill, principal Collector of Customs here. The Hon. A. E. C. Strode, E.M., -pre-, sided; Capt. Thomson, Harbor Master, sitting as nautical assessor. Mr W. H. Eeynolds, Lloyd's agent, was present,-, as. was also Mr J. B. M u 4* e > a o en * for Messrs M'Meckan, Blaekwbod and Co. ; and there was a goodly number of persons in the body of the Court. pfo; Macassey appeared for Captain Mackie ; arid the following evidence was given in reply to questions by the Magistrate 'i-^-Hugh Mackie :jl was lately master of the South Australian steamship. I left Melbourne on the 2lst " March, and ar-rived-at Port Chalmers on the 26th. Nothing extraordiriary, happened on the-^ run down — nothing as to the compasses, to take any notice of. ' I left Port Chalmers again on the 2nd April for Melbourne, via he Bluff. I left the Port at five' minutes to five p.m. At, 25 ,- minutes to six we were clear of Tairoa Head, everything working-, well. I did not at that time shape a course, 1 but . steered round the land, at a distance of about three miles, or something less. I continued thus until we arrived off Cape , Saundefs ; and then, at half-past seven, wh'en the Cape bore N. by E., distant about ten miles, I shaped a eourse,rrta - 'clear Nuggets Point. The. course I gave waa S.S.W. "We continued on at full speed until a few minutes before eight o clock, when the engines were eased ko ; half-Bpeed, .Eight .bella had not thenbefett struck, Alittloaffcer nine/ the engines were eased down to slow, so that they were making from 12 to 18 revolutions . per minute^ and the; ship going from five l to ;six -knots an hour. ; Everything went on w^li until, I suppose^ ftbou^ a quartet to lelevett— 'but I aid m% lagit at ms :

watch — the ship struck. I was backwards and forwards to the deck all the evening. When she struck, it was just like an electric shock. I was too much excited then to think where she had been struck ; bui; I- immediateiy went on to the poop h) try to find out the position of the ship. The first passenger I met on the poop was J. U. Mackenzie, who said to me, " Clear away your boats, quick." I said, " Keep cool, Mr Mackenzie, and all will be well. It will be right if you all keep cool. The engines bad stopped when she struck, and I ordered them to be turned ahead. That could not be done, and I gave an order to " Reverse ;" but that could not be done, I had gone into the engine room, but now I went on to the poop, to see if I could ascertain the position of the ship. I heard the surf roaring, and I could see some high land, apparently three or four miles off, but I could not see any low land This was the time I met Mr Mackenzie. I left the poop and went on the bridge to superintend the lowering of the boats. I gave the second mate instructions to take one side, and I took the other, while to the chief officer I gave directions to secure a boat for the ladies. The boats were all lowered, and in less than an hour, four of them were full of passengers and crew, there being 18 persons, including some passengers then left on board. I requested the boats to remain alongside until daylight, for I could not, even then, make out the position of the ship. About four o'clock in the morning, the boats left the ship, and all the passengers were landed in safety. I always steered S.S.W. from Cape Saunders to the Nuggets ; but the due-course which would have kept me clear was S. by W.fW. From the time I | shaped a S.S.W. course, it was steered ; and I considered that it would take me eight or nine miles clear of the Nuggets. The vessel was swung at Melbourne be • fore I took command of her, and I have the deviation card in my pocket. The deviation then given was what I observed during the passage to Otago. In shaping a course, I always allowed for deviation according to the card supplied to me. I joined the vessel 24 hours before she left Melbourne. All the lower cargo was then on board ; but some horses and the passengers' luggage, were shipped after I joined her. The cargo was of miscellaneous merchandise, and did not include any iron. There was, I believe, a portion of the cargo on board when the vessel was swung, but most of it was taken on board afterwards. Nothing occurred on the voyage to Otago, to make me think it necessary that the vessel should be swung at this Port. Altogether, from the time I took command, I was in charge of her for about ten days before she struck. At the time she struck, I was coming up the engine-room stairs: the second officer was in charge of the deck, and there was a look-out on the forecastle-head. That look-out was set at eight o'clock — two hours' spells. . The man on the forecastle when she struck, went on at ten o'clock. The second officer had been in charge from eight o'clock; he was on the poop. The man on the look-out has instructions to signal by striking on a bell there — one for anything to starboard, two to larboard, "and three ahead. An hour before she struck, the three-bell signal was given, and the man reported a light ahead, but the mate went out and could not see anything. They had been looking out for the Taiaroa. I have been sailing on the coast of Otago for seven years. I know that there is a current that sets along to the northward, , but sometimes it is not so strong as others. I never tried its rate ; but it is stated on the chart to be a knot and a-half per hour. The night of Tuesday was clear with starlight over head, but hazy over the land. I could see the high land pretty well, about where the vessel struck. I have heard the surf on this coast when from three to five miles off, sometimes more. I did not hear it on this night before the vessel struck. No sail was set at the time. I was satisfied with the order of everything on board — that the vessel was in every way quite fit to be taken to sea — when I left Port Chalmers. The second officer was up until eleven o'clock on the previous night ; but there was nothing whatever in the shape of work being done to require anybody to be up beyond ordinary hours. I never did heave the lead, nor dream of it, in going along the coast. I had made the same course so often, that I felt quite confident I was going all right on this occasion. When an officer is placed in charge of the deck, the discipline is that he shall never leave the deck unless something very extraordinary goes wrong ; he never leaves while sail is being made, or for anything of that kind. My orders on going ofi the deck always were, " Call me, if anything goes wrong." Mr Macassey said that there were certain questions which he wished to put to Capt. Mackie ; but, perhaps, as the more convenient course, he might be allowed to recall Capt. Mackie, after the other witnesses had been examined. The Magistrate did not know whether euch a course could be pursued. Of course, the present proceeding was not in the nature of a criminal charge against anybody; it was simply an inquiry, in order that he might be enabled to report to the Governor, as to the cause of the ■wreck. It was a preliminary inquiry, which would furnish the basis of a charge, supposing one should be made. Mr Macassey would 6ubmit that it was not possible for the Magistrate to report KB to the cause of the wreck until all the evidence that could be given was before Mm. The questions put to Capt. Mackie by tbe Magistrate must be regarded only as conjectural, just as though they had been put by any stranger to the matter j and, possessing certain information, as he (Mr Macassey) did, from his position, he might be able to put questions which would elicit evidence tending amierially to modify an? report the Magistrate aught otherwise be. inclined to miike, Xt was evident from what ftpmrecl m $ji§ festopgsra, that; in mq^iri^

of a similar nature made by the Board- of Trade at home, Counsel were very often engaged ; and in one inquiry by the Board recently, the whole proceeding appeared to be conducted like a prosecution — Counsel opened the case, and summed it up, Counsel for the person who might be involved, replied; and the decision was afterwards given. In fact, that' inquiry assumed more of the appearance of a legal proceeding, perhaps, than was possible under the Colonial Act. He believed that in inquiries before the Marine Board of Victoria, Counsel were occasionally heard ; but he did not state upon any well-founded authority that such was the case. The Magistrate said that there was an inquiry under the Act recently, and he observed that Counsel did not appear in it : the Resident Magistrate and the Assessor heard the case and reported to the Governor He would not have the slightest objection to Mr Macassey taking the course proposed, if he (the Magistrate could think it to be right, under the Act; but he could hardly suppose that such a course was intended by the Legislature. Mr Macassey said that an inquiry of this kind was of the gravest importance to those concerned. The evidence given here would appear in the newspapers ; its publication would tend to bring about conclusions in the public mind ; and those involved might labor under the loss of reputation until or unless the whole case was put before the public. He, on behalf of Capt. Mackie, was most anxious that every possible information should be given ; but unless he was allowed to put questions and to produce evidence on Capt. Mackie's behalf, only half the picture might; be painted. The witnesses who were to be called by the officer of customs might not be all who could give pertinent evidence ; and all the questions put by the Magistrate might not be all that were calculated to elecit truth. Informed as he (Mr Macassey) probably was, more fully and correctly than the Magistrate could be on the subject of the wreck, he was no doubt in a position to put additional and important questions ; and he would promise to put as few questions as possible. The Magistrate : It is not in the least a question of time: it is a question of Avhat it is right should be done. Mr Macassey submitted that there was nothing in the Act against the course which he asked to be allowed to take. At meetings of creditors, where lawyers, perhaps, had no legal right to appearj they were often allowed to appear; and the present inquiry was altogether of a more serious character, and the parties themselves were to a large extent personally interested. Mr F. Dillon Bell: "Will your Worship allow any passenger by the South Australian to make observations upon what has now passed ? The Magistrate thought it was simply for himself and the Assessor to decide whether they thought it ■ expedient or | right that Counsel should appear. The | Bth section of the Act said — "Such Justices of the Peace or Magistrate shall, so far as relates to the summoning of parties, compelling the attendance of witnesses, and the regulation of the proceedings^ have the same powers as if the same were of proceeding relating to an offence or cause of complaint upon which they oe he have power to make a summary conviction, or as near thereto as circumstances permit." Of course, in cases in which there might be a summary conviction, Counsel did appear — they could not be prevented ; and, seeing the powers given to regulate proceedings in inquiries under the Act in the present case, he and the Assessor thought it would, perhaps, be but j ust to Captain Mackie that he should be allowed to be assisted by Counsel, seeing that it was within the bounds of possibility that some one might be further involved. Mr Bell : "Will you not allow passengers to make any observations on what has been said? Their lives and their property were involved. The Magistrate: We think that the question is only whether or not Counsel sball appear, We are inclined to think that no harm would be done to any one, and that assistance would be given to the Bench by Counsel appearing. Mr Bell : On one side only ? Mr Macassey: Mr Bell will perhaps have opportunities of making any observations he may wish to make. Mr Bell: "Will the Bench allow Counsel to conduct the case, and to cross- j examine witnesses . on behalf of Captain Mackie, and not afford the same opportunity to those whose lives and property were at stake in the wreck P I conceive that if Counsel are to be heard at all here, those who are interested in the prosecution of the inquiry ~in getting the truth out, most ' thoroughly, as to who are to blame for what has happened — ought also to be heard by Counsel. I think that we passengers should not be subject to be cross-examined by Counsel, • without having the opportunity of crbss-examin-ing those witnesses who may be brought forward by Mr Macassey, If the Bench decide that the case may be conducted by Counsel for Capt. Mackie, then I will request a postponement of the inquiry, in Order that we, who have strong opinions on the matter, may have the opportunity of obtaining Counsel on our side. The Magistrate i I did not look at it in that way. I did not suppose that there was any feeling at all on the matter; Mr Maeassey ; There seems to be a great; deal, . . The Magistrate \ , X did not know that anybody was supposed to be to blame, : I thought that the inquiry was to bo held to satisfy the public as to the cause of this accident, ., By .the nth pectioa of fehe Act, it is made the duty of " such Officer of Customs, or other ; person appointed by the Governor as aforesaid) to superintend the managekent 61 ,tM case*" &c» ;Xheiefbi?ei if Mr Sill desires $© hftve the asiiataaes oj? Qqubߧl| stetialp

' it would be within his province to do so. I quite '^gfee~~wltQ7.'Mjr Bell in siying that the inquiry should not be one-sided, if there is any feeling at all on one side of the question. Mr Hill spoke to the Magistrate, who replied, " If you like to employ Counsel, of course an adjournment must take place." Mr Bell : So far as I understand the matter, your "Worship, there are other persons interested, besides the officer of Customs and the captain of the ship. I understand that the object of the inquiry is to ascertain whether there is any just cause for blaming any person for the loss of the ship. There might be cases in which it would be quite out of the power of the officer of Customs to produce any evidence that would lead to the investigation of the truth from that point of view. I do not make any specific application to the Bench ; but "I have a very strong opinion, which I shall be bound to express, -as to the cause of this vessel's loss. And I submit that if the investigation is to be conducted by Counsel on one side, those who, like myself wish to have made known, quite irrespective of the officer of Customs or the captain of the ship, all that . can .be known as to the loss of the ship, should be heard by Counsel also. Mr Macassey : So far as Captain Mackie and his officers are concerned, we . court, to the fullest extent, investigation and inquiry ; therefore, so far as regards any application, by anybody interested, to be represented by Counsel, I offer no objection. But I must siay, that the Act clearly, recognises only the officer of Customs as promoting the inquiry ; and if he thinks proper to be represented by Counsel there can be no objection made. The Magistrate : Passengers are not referred to in any way. "It shall be the duty of the said Officer of Customs" "to superintend the management of the case." I cannot regard that as including passengers. If the Officer of Customs considers it desirable to employ a solicitor, then I will adjourn the hearing. Mr Hill spoke with the Magistrate. The Magistrate : Of course, the passengers have a remedy, if they choose to take it. I can take no other view than that , I must leave it to the Principal officer of Customs to decide whether he thinks it necessary to instrnct Counsel : I do not know any one else in the matter. Do you consider it necessary to instruct Counsel, Mr Hill ? Mr Hill replied. The Magistrate : Very well, then, there shall be an adjournment. Mr Macassey : Perhaps I had better, under the circumstances, abstain from cross-examining Capt. Mackie for the present. The Magistrate : I think so. | The inquiry was adjourned until Wednesday, at ten o'clock.