THE CHANNEL COLLISION. CAPTAIN KEMP'S CERTIFICATE SUSPENDED. Auckland, May 31.

Te Aroha News, Volume VI, Issue 374, 5 June 1889, Page 4

THE CHANNEL COLLISION. CAPTAIN KEMPS CERTIFICATE SUSPENDED. Auckland, May 31.

Tjik magisterial inquiry into the recent collision between the steam tug Awhina, the barque Essex, and the steamer Australia was resumed afc 3.15 p.m. .yesterday. Mr H. Williamson, who appeared for the Collector of Customs, then addressed the Court. He said that in this case no charge was made against either of the captains, and his duty therefore was to cum up the ovidence on both sides. It seemed to him that tbcro were two points for consideration. First, by whose act it came about that thero was any evidence of a collision at all ; and, second, having become imminent, did both parties do tho best they could to avert the collision, and did blame attach to either party V Mr Campbell had devoted considerable time to argue that the evidence given by those on the Awhina and Essex was unreliable, but to him (Mr Williamson) it seemed that their statement that the Australia's green light was on the Awhina's starboard bow when coming up the channel was correct, that being precisely what would have been seen. It was too much altogether to expect the 'Court to set aside the evidence ot all these different witnesses. When the Awhina took her S.E. by S. course, that would place the Australia still more upon her starboard bow. It was evident that Captain Kemp misjudged the distance between the vessels when he shaped his starboard course, and that the collision was the result of an error of judgment on his jjart. He had to cross the line that the Essex and Awhina were steering, and he knew the course these vessels were taking. The Awhina's people were not so advantageously placed, and on Captain Kemp lay the responsibility of exercising the better judgment. It seemed to him (Mr Williamson) he should not have relied so much upon his judgment as to the distance between the vessels, and that he should have made assurance doubly sure by not altering his course to the eastward until after he had passed under the stern of the Essex. Captain Kemp did not seem to have taken into consideration that he was on top of the ebb tide, and that the tide was very strong at the point where the Australia changed her course to the eastward. Captain Kemp seeing the, Essex and Awhina ahead of him, it was clearly his course to have passed the other vessels green to green. Captain Kemp evidently concluded that ho could pass the Awhina and Essex by going ahead of the former, in order to save time, and that his action in this respect was the cause of the collision. From that point the danger arose, and it remained for consideration whether both parties did the bestthey could. The Australia's peoole contended that the Awhina should have ported her helm and gone to starboard, and the rule of the road was quoted. It seemed, however, that this was only applicable to cases in which two ships were end on, or nearly end on. It was only in the case of Captain Kemp seeing both the side lights of the Awhina that it would have been the duty of the Awhina and Essex to go to starboard, and Captain Kemp admitted that he did not see both lights. As to which vessel took the better course, the Awhina's case appeared to be very strong, all the parties on the Awhina and Essex, without any consultation, having decided that the best thing to be done was to put her helm to starboard. It was probable that had the other course suggested by Captain Kemp been adopted most likely the A whina would have run clean over the Australia. It seemed therefore that tho Awhina's people did the be3t under the circumstances, and made the collision much less serious than it otherwise would have been. Captain Kemp had only been running his new course two minutes when ho saw there was danger of collision, and there arose the question whether he did his best to avoid Lhe collision. No doubt he did his utmost, but it seemed that he would have pursued a better course if he had put his engines "full speed astern." It was for the Court to decide whether thai would not have averted the collision, and have given the other vessels an opportunity of sliding past, or whether Captain Kemp did the best thing under tho circumstances. Some reference was made by Mr Campbell that there was no controlling hand upon the Essex, but it was clear that whatever wild steering there was took place before sho entered the white light. After that the Essex appeared to have kept on her regular course, S.E. by S., up to the time of the collision. It was quite true and appeared to be a matter of regret that in two vessels placed as were the Awhina and Essex, the master of each vessel should repudiate responsibility. On this point it was desirable that some decision should be arrived at, and representations made to the proper quarters. In the present case, however, this did not aeem to have caused the collision. Captain Kemp appeared to be responsible for the initial act whisht led to the collision. The Awhina and Essex people seemed to have done their best to avoid the collision, and it remained for the Bench to consider whether the Australia's people did their best. The Channel was clear and open, and under ordinary circumstances, with ordinary care, no such collision should have happened, The Court then adjourned until 2 p.m. to-day.

THE JUDGMENT. The B.M. Court was crowded at 2.30 p.m. to day, when Dr. Giles, on behalf of the Nautical Court, consisting of himself, Captains Frater and Andrews (nautical assessors), delivered judgment re the recent collision between the steam tug Awhina, barque Essex, and s.s. Australia. The judgment was as follows: — The opinion ot the Court is that the collision which took place on the evening of the ■ 14th instant, outside the Kangitoto Channel, between the screw steamer Australia on the one side, and the barque Essex with the steam tug Awhina alongsido of her on the other, was caused by the carelessness of the cap tain of the Australia in shaping his course without any regard to the approaching vessels, and in such a manner as to bring them suddenly into a dangerous position. Before the Australia, on her way out of the harbour, had got abreast of the beacon Captain Kemp had seen the masthead and port (or red) lights of the vessels coming in. By the time he had got abreast of the beacon he was able to discern the double mast-head light, mdiii eating that there was a vessel in tow, but he had lost eight of the red light in a paesing rain-squall. At this point, and whilst the red light was so obscured, Captain Kemp altered his course fromN.W. by N. & N. to N. When the mist cleared he saw that the vessel in tow was under sail, and the green light of the Awhina was then apparent, the red having disappeared. This was caused by the incoming vessels having changed their course from S. to S.E. by S., indicating that they were now taking a direct course for the harbour, within the white area of the Bean Rock light. After thus sighting the green light of the Awhina, and with that ligh

full in view, Capfc. Kemp ported hi helm atill more and altered hi course to N.N.E., thus displaying his red light to the Awhma's gieen. Captain Kemp did this without any thought of a collision in his mind, and solely by way of shaping his own couree. In fact, until the collision was imminent he appears to have disregarded the other vessel altogether, taking it for granted that she would have to got out of the way, although she was a sailing vessel with steam tug lashed alongside, and distinctly displayed her green light before he altered his course. lam of opinion that Captain Kemp under-estimated the distance between his ship and the others, and that in fact it was not much mora than a quarter of a mile at the time he ported his helm, the combined movemont ot the approaching vessels diminishing the distance by about lg knots an hour. I think that he ought not to have ported his helm at such a juncture, without making quite sure that the other vessel was at a i safe distance off, when by keeping his green light to the Awhina's green all chance of collision would have been avoided. And this error of judgment and failure to study sufficiently thedistanceandmovementsof the other vessels led,asitseems tome, to the collision. When a collision was imminent I am not prepared to say that Capt. Kemp did not act with coolness and promptitude, and do the best that could be done in th circumstances for the purpose of mitigating the force of the impact. On the other hand I have nob heard any evidence to convince me that those on , board the Awhina and the Essex did anything wrong, or displayed any want of judgment or promptitude when taken by surprise by the sudden appearance of the Australia's red light. "We certainly think it right to say that the different opinions of the witnesses who respect ively represent the steam-tug and the sailing vessel, on the question with which of them the responsibility of the course lies, shows a very unsatisfactory and probably dangerous condition of mind. It is obvious that whatever may be the true answer to this question, there ought to be no possibility of doubt about it in the minds of those concerned. But in the present case there is not the slightest ground for imputing divided counsels, or any consequent paralysis of action, to those in charge of the barque and the tug. On the contrary, the evidence shows that there was no difference of opinion or doubt as to what seemed the right thing to do, different persons either doing or calling out the same thing at the same moment. I regret that the result of our inquiry is to throw the blame of this collision upon Captain Kemp, whose demeanour, as a witness has impressed us w ith a strong belief in his perfect candour and truthfulness, but the evidence compels me to attribute the accident to a want of reasonable care on his part in respect of the points already mentioned. Captain Kemps certificate is, therefore, suspended for three months, and he is ordered to pay the costs of this inquiry (£3l ss). Captain Andrew, who differed from his colleagues, appended the following note :—: — " Although concurring in the above decision, and considering that the Australia (Captain Kemp) was seriously to blame for getting so near the other vessels, I think that had the Essex and Awhina ported instead of starboarding, the vessels would have gone clear. — H. J. C. Andrew,"