THE PENGUIN DISASTER.

Wairarapa Age, Volume XXXII, Issue 3184, 8 May 1909, Page 5

THE PENGUIN DISASTER.

CAPrAIN • NAYLOR'S APPEAL DISMISSED. ■By Telegraph—Press Association. WELLINGTON. May 7. Judgment was delivered this morning in the appeal brought by Captain Naylor against his suspen sion for twelve months in connect ion with the wreck of the Penguin. Mr Justice Cooper stated that he entirely agreed with the finding of the assessor. The assessors considered that the vessel struck Tom's Rock or rocks in the vicinity,of Tom's Rock. The suggestion made that the Penguin might have struck some submerged wreckage was inconsistent with the circumstances of the case on the night of the wreck. The assessors did not think that the tide was stronger than four knotsi Captain Naylor's course was a perfectly safe one, allowing for a two knot current only. If a tour-knot tide was running at 10 p.m. the vessel would at the speeds it was travelling be clearly within the line of danger, the manner in which the Penguin got into the vicinity of Tom' 3 Rock was thus explained. Captain Naylor was at fault in two respects. After running a distance of 14 miles from Tory Channel (knowing his patent log was useless) it was his duty to been exceedingly careful, and he failed in his duty. At 9.45 o'clock he must have been in doubt as to his true position, but at full speed. The assessors considered Captain Naylor guilty, not of a mere error of judgment alone, but of conduct amounting to wrongful default in not putting out to sea sometime before 10 o'clock. Captain Naylor's conduct after the casualty was entirely free from blame.

The Court added that the Marine Department gave all tha necessary information about tides in Cook Straits. No order would be made as to costs. "■ His Honor pointed out that under section 242 of the Shipping: and Searrien's Act the Government had power to alter the period of suspen • sion or issue a mate's certificate to Captain Naylor. The assessors de-. sired him to say that while they had been compelled to find Captain Naylor in default they regretted very much to have to do so. The Court regretted it more because of the good character, ' skill and care which Captain Naylor had displayed in the past. Mr Herdman said that 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 that there was no power to do so in New Zealand. He had,no doubt that if the matter were referred to* the assessors they would give the question their most favourable consideration.