THE WIMMERA INQUIRY.

Taranaki Daily News, 3 August 1918, Page 4

THE WIMMERA INQUIRY.

' : » :li ADMIRALTY INSTRUCTIONS TO THE CAPTAIN. EVIDENCE BY ADM&A&TY'S REPRESENTATVE, By Telegraph.—Press Association. Auckland, August 2. At the Wimmera inquiry, nearly the whole morning- was; spent in the legal argument which was begiui yenterday, as to the admission of certain offioial records as evidence that instructions had h,een issued with reference to the route to be taken to avoid the minefield. The Court finally decided to adjourn tha point pending the receipt of affidavits from Sydney to show that instructions were received by Captain Kell and' signed by him. Captain Hall-Thompson gj*ve evidence as to the issue of instructions to shipmasters, the nature of the mines found in New Zealand waters, and the precau-f tionary measures adopted. Auckland, Lost Night. When the Wimmera inquiry was resumed, Mr. Mays, for tht> defendant, | said that he proposed to'sljow, through [Captain Hall-Thompson, tjiat instructions had been handed to Captain KeH in Sydney in regard to the route to bei taken, a course to wlkichMessrs M'Veagh and Blomfield objected.

Captain Hall-Thompson said that ha had been Naval Adviser to the New Zealand Government for the past year. All confidential instruction* from tha Admiralty and other instructions were issued through ' '•». Mine-sweeping operations at ; carried on were subject to his ( . Confidential instructions to glu|m.:t.iiere were issued in' | writing. In regard to the Wimmera, he produced a copy of confidential instructions of recent date sent to the Collector of Customs.

Long argument took place regarding the admissibility of a copy of the document, Messrs M'Veagh. and Blomfield objecting, on the ground that it was only a portion of the document, and tfoat the whole or none must be produced. Mr. Mays stated ttyat ha proposed to ask the Court to take judicial notica of the fact that the javal authorities issued instructions' to .shipmasters from various ports and also of the fact that the nation was in a state of war. Be proposed to prove actual and official knowledge of the fact that naval representatives in Sydney did issue instructions to shipmasters. He submitted that the Court could take judicial notice of the fact that the Admiralty had issued warnings, orderß, and instruction*, especially route warnings from Sydney, which was the naval station. . He would prove through Captain Hull-Thompson that actual warnings had been issued, especially in regard to the -voyage from Sydney to Auckland and hV'k. ■Mr MTeagJt. for the HMMsirt-ParkeT Company, further objQftfd. .J Mr Cutten: There is one difficulty that arises. Suppose T concede everything you stiErgcst, Mr. Mays, and hold 'that this cablegram from Sydney cair be given in evidence here rs received offlcially hv Captain Hall-Thompson, that doc 3 not get over thft fact of proof of delivery to Captain TCell, Mr. Maya: T am asking the Court to presume that Captain Kelt got it. Mr. Alexander, for tho widow of the > third officer, pointed out that if they assumed that t'ois particular document had been given to Captain 'Keß.' it would be an admission of the very thing that the Court was asked to inquii# into, and therefore it was most pertinent. Ho suggested that, if necessary, Court should adjourn and have the original document produced. The case could go on in the meantime, and tha further question of tha protest could be restored.

Mr. Mays paid that lie could get a copy of it with an affidavit that it was signed by Captain Kelt Mr. Cutten said that it seemed to him that the best course was to adjourn and get the evidence from Sydney. After some further diwawalon, the Court decided to leave the point. Captain Hall-Thompson gave evidence regarding the issue of instructions to shipping masters, as to the nature of the mines discovered in New Zealand waters and the precautionary measure* taken. The Court adjourned until Monday.