THE PENGUIN DISASTER.

Wairarapa Age, Volume XXXII, Issue 3180, 4 May 1909, Page 5

THE PENGUIN DISASTER.

AN APPEAL CASE. By Telegraph —Press Association. WELLINGTON,,May" B. The appeal of Captain Naylor 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 Honour, Mr Justice Cooper, and Captains Grey and Lake (assessors). Mr A. L. Herdman appeared for the appellant, Mr Myers for the Mariw* Department, and Mr P. Levi, for Union Company. It will be remembered that the Court in its judgment suspended Captain Naylor's certificate for a period of twelve months. The grounds of the appeal were - (1) That it was not proved that the casualty was due to or contributed to by negligence or wrongful act or default of the said Francis Edwin Naylor; (2) that it was not proved that under existing weather conditions at any time after 9 p.m. on Friday, February 12th, 1909. 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 said Francis Edwin Naylor under existing circumstances was guilV of a breach of article 16 of "Articles for Preventing Collisions at Sea"; (4) that it was not proved that under circumstances shown by the evidence the said Francis Edwin Naylor should have taken soundings; (5) that there was no evidence to indicate where the vessel struck, and in particular there was no evidence to indicate that the Penguin did not strike an unchartered rock or submerged wreckage; (6) that generally there was no evidence to warrant the Court suspending or interfering in any way with the master's certificate. At the outset it was arranged that the whole of the evidence taken before the Nautical Cour*; should be read to the Court; after that Mr Herdman would be given the right 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 D. G. A. Cooper, Registrar of the Court, then read the evidence, after which Captain F. L. Vickerman, master of the steamer Kennedy, called by Mr Herdman, said he had often seen wreckage floating in the Straits, and if the Penguin had come in contact with such and struck a good sized spar, it might have caused sufficient damage to'cause her to founder. The hearing of the appeal will be continued to-morrow..