THE PENGUIN DISASTER.

Taranaki Daily News, Volume LII, Issue 87, 8 May 1909, Page 2

THE PENGUIN DISASTER.

FINDING OF TtiE COURT.

CAPTAIN NAYLOR'S APPEAL

DISMISSED.

By Telegraph.—Press Association

Wellington, May 7, Judgment was delivered this morning in the appeal brought by Captain Xaylor against his suspension for twelve - months in connection with the wreck of the Penguin. Mr. Justice Cooper stated that he entirely agreed with the finding, and that the assessors considered the vessel struck Tom's Bock or a rock in the vicinity of Tom's Bock. The suggestion made that the Penguin might have struck siTine submerged wreckage was inconsistent with tne circumstances of the case on the night of the wreck. The assessors did not think the tide was stronger than four knots. Captain Xaylor's course was a perfectly safe one, allowing for a two-knot current only. If a four-knot tide was running at 10 p.m. the vessel would at the speed she was travelling be clearly within th- ; lino of danger. The manner in which the Penguin got into the vicinity of Tom's Bock was .thus explained. 'Captain Xaylor was at fault in two respects. After running a distance of fourteen miles from Tory Channel (knowing his patent log was useless), it was his duty to have been exceedingly careful, a-ui lie failed in this duty. At U.J.'i he must have been in doubt as to his true posi tion, but continued full speed. The assessors considered that Captain Xaylor was guilty, not of a mere error of judgment alone, but of conduct amounting to wrongful default in not putting out to sea some time before 1U o'clock. Captain Xaylor's conduct after Hie casualty was entirely free from blame. The Court added that the Marine Department gave all the necessary information about the tides in Cook Straits. Xo order would be made as to i«sls. His Honor pointed out that under section 242 of the Shipping and Seamen's Act the Government had power to alter the period of suspension or issue a mate's certificate to Captain Xaylor. The assessors desired him to say that while they had been compelled to find Captain Xaylor in default, they regretted very much to have to do" so. The Court regretted it the more because of the good character, skill and care which fie captain had displayed in the past.

Mr. Herdinan said he understood in reference to what his Honor had said that it was the 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 doubt that if the matter was referred to the assessors they would give tile question their favorable consideration.