THE PENGUIN WRECK.

Taranaki Daily News, Volume LII, Issue 83, 4 May 1909, Page 2

THE PENGUIN WRECK.

m .... CAPTAIX NAYLOR'S APPEAL. c liy Telegraph.—Press Association. ,] Wellington, Last 'Night. „ The appeal of Captain Naylov against ] the decision of the Nautical Court, which ] enquired into the wreck of the steamer Penguin, was heard in the Supreme Court this afternoon before his Honor -Mr. Justice Cooper and Captains Grey and Lake (assessors). It will be remembered that the Court in its judgment suspended Captain Xaylor's certificate for a period of twelve mouths. Th P grounds of the appeal were:—(l) That it was not proved that the casually was due to or contributed 1 to by the negligence or wrongful act or < default of the said Francis Naylor; (2) ! That it was not proved that tinder the I existing weather conditions' at any time i after 0 p.m. o?i Friday, the 12th iluv of February, HMD, shelter should have been sought, or the vessel's head put out to sea instead of her course being continued to Wellington; (3) That it was not proved that the ,jaid Francis Edwin Xaylor under the existing circumstances was guilty of a breach of article Hi of the "Articles for preventing collisions at sea"; (4) That it was' not proved that under th c circumstances shown by the evidence the said Francis Edwin Naylor should have taken the soundings; (S) That there was no evidence to indicate where the vessel struck, and, in particular, there was no evidence to indicate that th ( . Penguin did not strike an uncharted rock or submerged wreckage; (ti) That generally there was no evidence to warrant the Court in suspending or interfering with the master's certificate. At the outs'ct it was arranged that the whole of the evidence taken before the Nautical Court should be read to the Court. After that Mr. Herdman (for appellant) would be given the ri«ht to call fresh evidence and address the Bench. The Crown would call rebutting, evidence if it desired, and counsel could then address the Court, Mr. Herdman having the right to reply. Mr. DO. A. Cooper (Registrar of thc Court) then read the evidence after which Captain F. I, Viokcrman, master of the steamer Kennedy, called by Mr nerdman, said he had often seen wreck- ; age floating ;„ tlle Rtr(lits! n]|(] , f lenguin had conic in contact with such ■ and struck a good-sized spar it might ' have caused sufficient damage to cati.o her to foimder. The hearing will be continued to-mor-