Alleged Manslaughte

Taranaki Daily News, Volume LVII, Issue 108, 30 September 1914, Page 7

Alleged Manslaughte

THE DEATH OF FLINDERS HURST-

HOUSE,

MOTUROA DROWNING CASE.

■iERUH'S CHARGE AGAINST OFFICE?* OF THE DREDGE.

At the Courthouse yesterday, the Coroner, Mr A. Oooke, S.M., resumed the 'inquiry into the death of Flinders Htirsthouse while fishing at Moturoa on 21st inst.

Mr Quilliam watched the case on hehalf of the Harbor Hoard, and Mr Johnstone for the officers oC the Paritutu. Senior-Sergt. Haddrell examined the wit■nesses.

J-awrencc K. Fitzpatrick, laborer, said he went fishing with deceased on 21st iust. in Hursthouse'a boat, which was about ISft. lons and painted whit". They started out about 7 a.m., and continued fishing, all the morning about \\/. t miles, or from that to two miles out. The boat was anchored. There was a slight breeze, but it was calm, though there was a bit of a "chop" on the sea. It was fairly clear, but the sun was not out all the time. The land was in view all the time. About 11 o'clock they saw the dredge coming from the Breakwater in their direction. Witness to'.d Hursthouse that they would have to look out or the dredge would be on them, but Hursthouse replied that it would steer clear of them. The dredge was then 300 or 400 yards off. dust then the fishing lines became entangled, and they set to work to disentangle them. Happening to look up, they saw the dredge 40 or 50 yards off, coming straight at the boat. They both jumped up and shouted- out. Witness could not see anyone on the dredge. He told Hursthouse to undo the lines from his legs. The lines were fastened thus so as to tell when there was a bite. Hursthouse picked up an oar and' witness picked tip a sprit and shouted out for all they were worth. Just then the dredge struck the centre'of the boat, which was broadside an to the dredge. The boat was cut. in two, witness going over one side and Hursthouse the other. When witness came up he. saw someone walking on the deck of the dredge and he shouted to the man. After the dredge had passed he saw Hursthouse a little way off and went to his assistance, getting for him a rudder which was near at hand and witness got it. Hursthouse still held tin; oar. Hursthouse then let go of th" rudder, clung partly to witness and partly to a portion of the boat. The dredge boat then picked them both up and placed then on board the dre:l'_"'. Hursthouse never went under after witness first saw him in the water. Had no idea how long they were in the water. Witness was all right when taken on the dredge, but could not say how Hurst-ho'.i.-e was. Artificial respiration was tried on Hursthouse. Had fished there ■before, kit not with Hursthouse. Thought i„ aim the first trip mad.' by the dredge that morning. Considered the bo'it was nuite safe at ancrior tticre. To Mr. Johnstone: The amount of freeboard in the beat was about a foot. Th > l.cit Kin rising and falling at ri'-iiA. angle-, in the course of the dredge. The win.! vo'ild lie in the teeth of the T'aritutu as she went out. Witness had two or tine:.- fishing lines out, and Hursthou'ie hud three. Fish were caught while the dredge was within 3#) or 40(1 yard: cl' the boat. Both were engaged in landing fish whilst the dredge was approaching. Line." were out on both sides. Until the dredge was with .W yard; no attempt was made to attract her altciitioa. They were engrossed in the untangling of lines and taking in of fish. Uoth were seated in the boat. liurslhou.se was a man of indifferent health and siilicred from asthma.

To the Coroner: They were seated until the i!redge was elose upon the boat. li was the first occasion on which witsno.";, while fishing fit any time, had seen the dredge coming that way. Sometimes iim-.-t!m:ii:;-'s head was under water owiii'; Id tlie chop, and he might have swallowed wvter. When tin- dredge boat arrived llursthouse 'had let go of wifness, wllo was then supporting him. To Mr Johnstone: If tho boat bad been moved when the dredge was first seen there would have, been ample time to have raised the anchor and got elear. To the Coroner: It would take about .two minutes to pull up the anchor. The f'ourt adjourned and vsnmi u - i p.m.

Waller John Pi lor, a dredge band, F t»id the dredge was working ab»ut 400 or CJO feet from the wharf. Alter leaving with the load, the distance to traverse before unloading would be between .» mile and a-quarter and a anile and a-half. It was before dinner that the outward trip was made." lie was attending to his duties 16 prepare the ship to pick up iier moorings on her reiurn, and did not keep a. look-i4it a? tf the roi'.rsc being clear. The; man or: the. bridge and lire man at the whe.'i wo'jld keep a. looiv-out. While standing under the bridge waiting for orders to let no the hopper door he< liQiCfd a s'-'iil, and thought it was an order to Maud 'by to let gyi the hopper door. Immediately after he heard another fnout. and then walked to the side of the vessel, whim he saw Fitzputrick in tlie wafer. WiLtiiVti immediately threw him t.V Jife.'mo". He then ran to the .■port h'-de. of >Uic ship. t« see, whtre Fitzpatn-ik's mata was, having seen tlie two I»:a\e tho bca«h in the morning, lie, theji saw llnrsthoiise. Hp surmised the boot had been cut down. 'Hurethouse was then going astern, lie. ran

to tho starboard side and lielpud cleu" *i:<] man the lifeboat, and formed one of the crew to rescue the men in the '.later. lie. Fib.palriek into the ix-'it, the eh/icf officer and another men ijeailing jlurslhouse in. Hursthouse wn*s in a utile of semi-collapse, and atteflrjiLs at artificial respiration were at onecs started and kept going till ofter the. dridge arrived at the whan", aiwl until J)i\ Brewster took charge. The chief officer and the captain were both on tlivi bridge. The way the boat was iu the pet of tile tide would make it diffu-ult for her to be seen from the dredge, aii.hr/ugh the rise and fall of Ltic eea would b!iow it to a certain extent. The dredge would ha,ve run a little over a mile, befOTo striking the boat. il>-

could not uav what time elapsed. 'l'o Mr. Quillia.m: llad becis seven j'-r-ars at cca, and three years on '.he diedga as an AM. and winch man. The crur.v consisted of 12 members. To Mr. ,!<»iins.tone: Two of the we were left in the mooring, Uioai. On hearing the second fhout, ■were atopped.

To the Coroner: Hursthoiise'-" V->-" was still beating as the dred:*- ■']< proachtd the wharf. All lb""«m' was pumped out of him before •'■ wharf was reached. Fishermen iV.h. all round the. bay. The look-out fron the dreilgo was very poor. The on* loolc was about rrrually good on both sides. The dredge was fiteered br c'.wn(P««s, the man 1 at the whcelnot keer'" u. loolr-onil. When dumpins, the on'--.man 0% the, ■mtyu^n

the (bridge. If the mate steered It* I would also keep, a look-out. If an A.B. I we.e at the. wheel there would ben an officer on the bridge. There was no \ man at the bow. It was an interrupted j view from the wbeelhouso. Th.it would ibe obviated by having a man stationed on the how.

Dr. Ittx Brewster said I'ha t in consequence of a call lie Went as iiuidklv as possib.e to the Breakwat, i\ where he found ■iiursthouse lying on tne deck of the Pantuiu, and two men were applying mt(i.n 8 of artificial lvsphatiun. About half-an-hour later Dr. Wade arrived, and they both confirm. 1 the iffo:ts till about 1 p.m. There, were no signs of life, either when he i-.uv deceased first or sirbsrinientiy. Death was due to the effects of -drowning, accelerated by shock. After being formally leautioneu v the Coroner and informed that lie need not give evidence unless lie pleased, Captain iMc.M'ahon, master of Him dredjjo, (aid the first trip out on the day "in question was at 10.55 a.m. He usually steered the vessel himself, and kept it look-oat. The chief officer's duty w/s Ccneraily to supervise the ship's 'work. On clearing the harbor, the course was X.N.li to the dumping gro-ifml, which was a mile and three-quarters distant to the extrunic point. On the day in question, witness was roiieved at the end of the breakwater by the chief of-ficer,-Air. Buxton, whom witness instructed to take the usual eoulise. He had cast his eye over the course steered to the. end of the lircitfcwuter and saw nothing in the way of Hie ship. The distance of the course from land •was about two miles. ijl'e heard a shout from right alnsid, and turned ifLiiekly round, when he saw a boat about .'» yards ahead in the track of tne dredge. Cave orders to the mate to stop the engines, but a few seconds boat was struck, 1110 ordered tile lifel-oat to be launched and manned. and when the two men hud cleared the' s-te.ni he rounded the ship and steered towards them, so that by the time the ■boat wa.s ready to take'the water the dredge was within fifty yards of the iineii, so hu 'Stopped the' dredge till the lifeboat was clear. While th<> boat was 'picking the men -up he steamed to within 2<> yards of the boat. After the men were put a.board the d.«l°v. full speed was liuule for the 'wharf. B,>fore reaching the wharf he sang out to a man on the wharf to ring up for- « doctor. Had often seen llurstiiousa and otners out fishing. Tlui lishimj boats always anchored. . A vessel uii(ier wa should ,givc way to a boat at anchor. The officer who steered the dredge had to keep the look-out. At the time of the collision witness was stand < at tho starboard wheelhouse deor.

To Mr. Quilbam: Had been asiyisfanl. iiarborma.stcr for the Board for six years before being placed in command of •tihe dredge. Had never experienced anv practical difficulty in steering and keeping <i look-out at the same time. To _Ur. Johnstone: The dredge was worked on al2 hours' shift. Wn.s biiKily engaged the whole time dredging was going on, and his cou-starob ■atteii' t:aii was necessary to prevent accidents to the machinery. Usually witness took the vessel out himself,' Imt on tins ■occasion the mate relieved: him. The mate held a. Homo master's tradiii',' certificate. A man could not be kept at tho how when the dredgie was loader, as he would be washed overboard, the ship ruling a "wet ship." There was always a. certain am-ouii-t of water coming aboard. It was difficult to kcc a boat in a short, choppy sea. The funnel of the. I'arifutu was about l'Jft Sin directly in front of the wheel, its diameter being 4ft 7in. There -koto also two ventilators, one on either side, oi the funnel, and slightly ahead of it. All these were imrnediatcilv in front of the bridge, while in most vessels there was no obstruction in front o:f the bridge. Had (nreviou.slv found' diil'icuilty occasionally i u picking up boat., in a choppy sea. To the Coroner: Wbcii steering, he did not .confinnally .keep hold of'the wheel, but walked about and looked out. That morning ithe ship, would practically steer herself. The man at the wheel could have practically devoted his attention to the loo'k-ou't. The steersman's attention would be partlv directed to picking up the ttumping ground, but his first duty would lie to keep a she.rp look-out. It would have tc be a very smooth sea to permit oi n man being placed in the. bow. There was no time to alter the. course when the boat was first seen, it being only 30 yards away.

Burton, the mate, was called, and in reply to tho Coroner, Sir. Johnston.' paid that h e did not wish Air. Burton to give evidence, as the facts had been fully stated by the previous- vitncH-es, and anything tfe was only a mattf r of t-piiiion.

The Coroner: T do not wish witness to ghe any evideiicc that may be detrimental to himself.

Air. Johnstone insisted that the witness could not adid anything to the evidence., given. He pointed out that the obstruction's of the. funnel and ven.itlators made a loo.k-out very difficult without leaving the wheel. The Coroner pointed out that, a good look-out could not be kept while the svlioel was beini; handled, ai.d Captain VeMahon admitted this. ivSenior-Sergt-ant lladdre'.l contended that according to the capUiin'o evidence the accident, ought not to kive happened, and that it was for the mate to explain it away. Erneet A. Burton, the chief officer of the dredge, expressed his willinjrness to give evidence. lie said, in reply to Mr. Johnstone, that he was in charge of the vessel on leaving the breakwater vnti! the accident happened. He had looked over the rail on taking ci-aigc, but cc-uld se; no obstacle ahead. He did not leave the wheel alter that until the accident happened. Without leanir~ to one side or the other, so as to clear the funnel, witness could ai.ot Bee an object ahead of the versel. This concluded the evidence.

'Mr. Johns-tone ouoted the Nautical Almanaq (o show that vess.ds when engawd in ili-hing should displ.av a dis--liiicli,v signal, "'a ..mime that'had not been taken in this case.

The ('orojier replied that the regulations quoted only relate 1 to the retponsihilitii'S of one vessel to another, It could not be MiggcMcd that any vessel not dismaying a special signal conhl! be run down.

Mr. JoliiKtoTiij said he did not su<jpost thai, but merely drew attention to tliH ri'pnilatioii libido fur previ'iiting collisions, and iecofrnised a* rules to be oWrvod J>>- all ships. Tlh' Coroner paid there was no question in the 'jirescnt case as to wh-i was i(Vpon.-,ii:'<'. Deceased had often fished in Mir- buy. ami on this occasion the boat v.as anchored, i'itzpatrick saw the dredjM appioa-hint; and at once shout-' l . i,;;t tlic dri'dsi! went on anil Ihc •' ■ ident occurred. The captain 1-ad do>:e rill hi his powc afterwards, Tlii! r Tson i.n charge of I'ic dredge al iho V"'e was the unto, and he was re--8])o m : ' !ilo prima facie mi'- «s li" could show \\hv he could ml --'e the boat, It i"s allrjrMl ilnt the <noppy sea prevented the boat lwin," s-- n from the drcd.'.',-, also that tli!> fori"' I and ventil-i-tor-' en llie di'dje o'osil' ctcd the v'eiv of ll'e person steering, lei* the caflilain bad :!•■-!i'tftl ('<af he ha! never experienced, any dill'ieulty in keeping the lOiirse an v.eil a* a good look-out. If the mate found he could not d-> bott duties at II:e same tjine lip atewild hnv^

what unfortunate, but he must find the { mate the eaiwe of the accident iby not ' keeping a proper look-out. iiisVwir I ship expressed his admiration for the I t.onduct of Fitzpatrick in going to tho rescue of -deceased, and complimented tiie captain on the efficient way in whieli ho handled' the dredge after th» . collision. THE VFjRDIiCT.

_ The following verdict was returned:— "That on the 21'et day of September, )i)l4, the said Flinders Hmrstbousc, while fishing in the sea from hi s boat, was run down iby; the dredge PariluUi, and thrown into 'the sea, and died from drowrn, accelerated by shock; Hut j tile collision was caused iby the. negligent management of the dredge by Ernest Albert Hurton, who was then steering, in not keeping a- proper look-out, and by reason thereof the said B. A. Burton did feloniously kill ami slay th* said Flinders Hursthouse." CHARGE OF MANSLAUGHTER. Immediately after the close of the inquest, the mate of the dredge, Ernest A. Burton, was brought before Mr. A. Crooke, S.M., on a charge of manslaughter in connection with the fatality. Accused was represented 'by Mr. Johnstone. On the application of Senior-Sergeant Haddrell, a remand wan granted for seven days, bail of £W being allowed in accused's, own recognisances.