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  • boab 27 Jun 2009 at 13:39
    The 1895 "Roma Timber Case" Kinivan v. Clelland may involve same "Kinnevan" involved in similar work at Rosewood Station in NT and Kimberley WA some years later.

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3 corrections, most recently by boab - Show corrections

SUPREME COURT.

TUESDAY, AUGUST 27.

IN CIVIL JURISDICTION.

Before his Honour Mr. Justice Hard- ing and a jury of four.

Kinivan v. Clelland (partly heard).

Mr. Feez (instructed by Messrs. Bou- chard and Holland, as agents for Mr. Mayne, of Roma) for the plaintiff ; Mr. Edwyn Lilley (instructed by Messrs.   Morris and Heiner, as agents for Mr. Mr. Dyball, of Roma) for the defen-

dant.

The hearing of this action and counter- action, arising out of a contract to " fall, bark, and haul" certain timber for use in the erection of the manager's house and the woolshed at Woolerina station,

was resumed.

The re-examination of the defendant Clelland was concluded, and the follow- ing witnesses were called on his behalf : -R. Clelland and A. Clelland, his brothers ; J. Dwyer, cook ; D. M'Callum, carpenter ; R. Edwards, sawyer ; A. Midson, builder ; and J. K. Bell, accoun- tant. The evidence was then closed. Mr. Lilley began his address to the jury, and the court then adjourned until 10 o'clock on the following morning.

MABINS BOARD INQUIRY. RANELAGH AND MOONTA

COLLISION. - ,

" The t Marine ' Board tnquiry ' into the

collision which tools place between the Ranelagh and the Moonta lu Moreton Bay on the night of the 21st instant was continued at the Marine Department yesterday. There were present- Cap- tain Almond (chairman), Captain It. S. Taylor, and Messrs. J. D. Campbell and F. II. Hart.

Mr. MacDonnell (instructed by Messrs. Chambers, Bruce, and JI'Nab) appeared for Captain Thomson of the Ranelagh, and Mi Lukin (instructed by Mr. Petrie) appeared on behalf of Captain Halcrow

of the Moonta.

Captain Thomson said, in continuation of his evidence, that he'was perfectly satisfied with the conduct of his crew. All his orders were carried out most minutely.

By Captain Taylor : Ht> was In Cull charge of the boat, and he was fully awnie of l}ls responsibility.

Captain Halcrow, the master of the schooner Moonta, stated that he had a master's certificate from tho Marine Board of New South Wales. Tbe,"usiml crew were on boord at the time of the collision, and the schooner wns fully manned On Wednesday, the 21st In- stant, he was drifting about outside of Moietou Cape, with light winds and calms. When he first saw the Ranelagh he was about three miles away. He saw her masthead light. The wind was south-west, with n moderate breeze. The tide was In flood, and the vessel was going at about sK knots. -? He had the leading lights In line when he first saw the steamer, and was heading about south-south-east. Ile sailed along on a wind on the starboard tack close hauled, and he was keeping the lights in line. He had both .his' lights- burning. The schooner was lust making her course, and she had -nothing to spare. He first saw the masthead light of the Ranelagh, and then about two or three minutes afterwards he saw the red light The Ranelagh's lights were about one point on the, starboard bow. The effect of the tide was keeping them to leeward, and the vessel would be pointing about half a point to the eastward of her actual direction. He con- tinued his course, nnd the Ranelagh appeared to be keepliig on her com se. When tbe Ranelagh came near to his vessel she seemed to be broad across the schooner's bows. Witness never altered his course at all An able' äeatnan was at the wheel at the time of the collision. He considered that the Ranelagh should have seen his green light from the direc- tion in which his ship was headed. He relied on the Ranelagh keeping out of his course. He was aware of the regu- lation! which Btûtes that a steamer should keep out of the course of a sail- ing vessel. About tialf-a-minute before

the collision the steamer came across his bows. Just before the collision he put his helm hard a-port, but at that time the collision' was inevitable. He did so because the force of the collision would be minimised He did not star- board his helm. No whistle was blown, and neither of the vessels hailed the other before the collision. He never saw the green light of the Ranelagh. The steamer was about three miles away when he first saw It, and about twelve

minutes lapsed between that time and the collision. The wind was steady the whole of. the time Ho had no other light that could have been seen by the Ranelagh at the distance than the red and green lights The collision took place at about two and a-balf miles north west two points of the Comboyuro Point When the collision took place he was almost on the line of lights When he first saw the Ranelagh it was at an angle of about eleven points off the star- board bow. The steamer must have

been to the westward of the line of lights when she was first sighted He con- sidered that the Ranelagh had been ang- ling off to cross the schooner's bows all the time, for une was showing her ted light all the time He ibought,that the steamer attempted to go across to* the other side too late The steamer could have gone on either side of him. The point of collision wns in mid-channel on the line of lights. After the collision xhe steamer turned the schooner round with her head to the north

By Mr. Lukin . The tide had but little effect upon the schooner, because she struck just before the bridge. The schooner rebounded a little.

By Captain Almond : The schooner bumped a second time When the vessels had swung round The Ranelagh was light across the schooner's bbwB when tile vessels met The Ranelagh ap- peared to be going at full speed. After the collision, and when tbe vessels had separated, some one hailed his vessel from the steamer, and asked him If be wanted any assistance. He replied that they were all right so far. Shortly after that he saw the Ranelagh burning blue lights. He had no further communica- tion with the Ranelagh. After the col- lision he got the boats ready for löwer- ing, and sent tie mate ta sea If the vessel ^ as making any water- Upon the mate reportlng-that no water was being made, ,he proceeded to >'ule road« and anchored.

The wind was south-west when the col- usión took place.

By Mr. Lukin. He had to make two tneks.to get to the Yule roads He was »»art owner of tnd rossel, which wai'un ' «v»îo <ïJ -o *, r -> -

insured. He liad been to sea for thirty tbiee rems, and had held a "master's cer- tificate for twenty years. ,

By Captain Almond : He filled on the starboard tack, and then went on the port tack, and afterwards stood over on the starboard tack till the anchorage was reached. _ He got a commanding breeze at about a quarter past 8, about one mile outside the Fairway buoy, with the wiud south-west and the tide afloou. The collision took place at about 0.15, He was expecting the Ranelagh to star- board her helm for some considerable time before the collision took place. Ho expected the steamer te steer clear of the

schooner.

By Mr. MacDonnell : It was about two miles and eight cables from the Fairway buoy to the place of collis'on. The schooner was sailing at about six knots, with the assistance of the tide. Up to the time that the Fairway buoy was reached thf» schooner was going at about Ave knots an hour. From leav- ing the buoy tbo wind was from the south-west all the time. He bad been lu Brisbane a. few times before. He did not think the position the Ranelagh was in was an unusual one. He Would not be surprised to see a steamer three cables westward of the line of lights. He did not keep close to the Venus bank. About Imlf-a-mlnute before the collision be gave the order " Hard a-port," for at the timo a coHlsion was inevitable, ne did not give the order before because the schooner would baye gone in stays. He was perfectly cool and unexcited, aud was In charge of the vessel all the

time.

By Mr Campbell : He did not tblnk from the position of the steamer it was possible for her tovhare seen his cabin light. All his lights were burning brightly.

By Mr. MacDonnell : All the port- holes in his vessel were screwed up. There was no galley fire, and the galley door was shut. There wèt-e no other lights visible than the two regulation lights. ,

By Captain Almond : . He did not think that the cabin light was visible at the distance at which flie Ranelagh

was.

Byi Mr. Lukin : Tbo steamer could not see the cabin light without seeing the green regulation light

By Mr. MacDonnell : The cabin light could be seen on either side. 4

By Captain Almond ; The portholes were about 81n., and the lamps were

kerosene lamps.

By Mr. Lukin : If the cabin light was seen it must have been on her starboard, side, and therefore the green light must

have been seen too.

Captain Hugh Hughes, master of a brigautlue, was the next witness

examined.

By Mr. Lukin : On 21st August he was working into Moreton Bay at the head of the Moonta, tt was just getting dark as he passed the Fairway buoy. He was between the Hixson and the Venus banks at about 7 p ra. When be passed through the North Channel the wind was south-west

by west .Afterwards the wind changed into the1 south-West. He reached his an chQrage at about half -past 8. The vessel was sailing at three to four knots^ an

hour."" " ' "k" " ,L '

By Mr. MacDonnell : When he first got thp breeze it was all round the compass. After he got a fair wind It turned slightly to the southward. The Moonta had a dlffeient wind to that which his vessel had. He saw the Moonta at 4

o'clock in the afternoon, but he did not see her after it became- dark. When he anchored the wind was south-west by

west

Robert Jones, the third mate of the Ranelagh, was the next witness who gave evidence.

By Captain Almond ; He held a second mate's certificate, which he had obtained from the Sydney Marine Board. He had been between four or five weeks in the position of a mate, but before that time be bad been working as an able seaman for ten years.

By Mr. MacDonnell : He was on the bridge with Captain Thomson when the collision took place. The steamer was about half-a-mile out when she passed Comboyuro Point He was sailing on the east sido of the line of lights. She was on the eastward of the buoy. He first Raw the Moonta when she was about three miles away. The Moonta was about two points on the port bow of the Ranelagh, and was steering on the Une of lights. The red light-was the only light he distinguished on the schooner at first, but shortly after he saw a glimmer of another light The tide was running about two knots an

hour.

By Captain Almond : Two knots is the approximate estimate.

By Mr. MacDonnell : The Ranelagh was travelling at about eleven knots through the water, and would be about a quarter of a mile from the Uno of lights. The Ranelagh was carrying proper regulation lights, which were all burning brightly.

By Captain Taylor ; He cou^d not make

out what the gliinmer that he saw was. It appeared to come between the star- board side and the middle.

By Mr. MacDonnell : About two mim utes before the collision he noticed a full green light on the Moonta. He did hot think the glimmer had anything to do with the green light The captain of the Ranelagh gave the order "Port her helm." The captain was on the port side of the bridge, and the order '"Port her helm" was given about a minute before the collision. The cap- tain then gave the orders " Half-speed," " Slow, and then " 8101*,'; and after a second or two, " Pull speed astern." The orders were given one after, the other extending over a period of forty seconds. The captain gave him the order«, and he telegraphed them to the engine-room. The Ranelagh was tra- velling at the rate of about fen knots

an hour when tbe collision took place, and the stopping of her engines did not produce any great effect. A collision could hot have been avoided by going astern, for there was too1 much way on the steamer. The captain was not ex- cited. He stated a few seconds before the collision that there would be an accident

At this stage the Inquiry was ad- journed till half-past 2 this afternoon.

By a récent decision of the Justiciary Court 'at Edinburgh., it appears that coóKflghting is not illegal in Scotland. Recently the game was Indulged la at a village near Paisley, where there wera nine separate combats, witnessed by large crowds from Glasgow, Edinburgh, Greenock, and other places. The police were present but were powerless to in- terfere, and. It la presumed, enjoyed the contests«

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