OPEN VERDICT

Wairarapa Times-Age, 2 November 1939, Page 6

OPEN VERDICT

SINKING OF TRAWLER AT LYTTELTON NO COMMENT BY CORONER. EVIDENCE OF ARTILLERYMEN. (By Telegraph—Prer-s Association.) CHRISTCHURCH, November 1. The inquest concerning' the death of F. J. Brasell, owner and master of the trawler Dolphin, was concluded today. Mr Brasell met his death on October--12 when the Dolphin was shot at and sunk by the Port battery. Mr Brasell’s companion, Mi' W. H. Willman was rescued. Evidence was given by Leslie Fosbender, gunner in the 23rd Heavy Battery and by Victor Aubrey Smith, second lieutenant, who were on duty at the time of the tragedy, that the fishing vessel was signalled to stop and did not do so. Lieutenant Smith said that under normal calculations the shell that was fired should have gone twenty yards ahead of the boat. To Mr Thomas, witness said that he was in charge on that day. He intended the shot to be fired across the bows of the boat, but not to hit it, and he gave proper orders for that to be done. If these proper orders had been carried out, the shot would not have hit the vessel. Mr Thomas: “The shot did hit the vessel; therefore, in some way. your orders were not correctly carried out?" Smith: “Yes, that's right; there was an error somewhere in carrying out the orders.”

“Someone must have slipped somewhere'.’ —“Yes. possibly someone or something." “I suppose your plant was in good order?" —“Yes, the sights were tested." “You really have no doubt about it? It was not the plant that was wrong, it was some human error?” —“I would not be prepared to say that.” “Well, can you tell us of any possible mechanical error?" —“No, I can’t say I know of any error." “Again I put it to you, in your own mind you are satisfied that this unfortunate incident was due to a human error?”

The coroner, intervening, said he did not think Mr Thomas could ask that question. Mr Thomas: “Very well. I withdraw the question. Is it a fair thing then to ask where the error occurred?” The coroner, to witness: “You can offer no explanation as an alternative to wrong deflection having been put cthe sights?" Witness said: “Yes. normally with the orders given the shot should have passed 20 to 25 yards from the vessel." James Patrick O'Connor, sergeantmajor of the Royal New Zealand Artillery, also gave evidence in detail. He said that in his opinion the cause of the vessel being hit was that the deflection scale was not set correctly or that the layer was at fault. It was quite impossible that the deflection dial would have moved when the gun was fired. The gun crew did not leave the. gun after firing. They were amazed. Someone must have got bustled and made a mistake. CORONER'S FINDING.

The coroner found that. Mr Brasell died at Lyttelton from drowning, plus shock. He added that a signal from the battery was seen but not understood. A warning shot was fired, which struck the launch in the engine-room. A piece of metal from the engine struck Mr Brasell. The coroner said it was not his duty' to comment, on the procedure adopted by the examination vessel or on whether there was any negligence. Mr Willman had done everything possible for Mr Brasell.