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THE HONGKONG GOVERNMENT GAZETTE, 10TH NOVEMBER, 1866.
his subsequent conduct is deserving of the highest commendation, as he made every possible exertion, though deserted by his Chief Officer and the majority of his crew, to save the cargo and succeeded in rescuing a certain portion.
FIFTI. That the conduct of the First Mate John Read calls for the severest censure on the evening of the 30th when on watch, a few minutes before the ship struck, he observed a green light on the Port bow. Instead of reporting this to the Master who had given him special orders to that effect and who at the time was standing close to him, he left the deck for the purpose of procuring a light at the very time that the presence of the Officer of the Watch was peculiarly necessary. The next day he refused to obey the orders of the Master to proceed in a boat to the Island to seek for assistance; when left in charge of the ship he deserted her, without in our opinion adequate reason for so doing; declined to return to her when asked to do so by the Master, and did not make proper exertions afterwards to ascertain what had become of him and his boat's crew.
We therefore adjudicate that the Master be reprimanded and recommended to be more careful in future, and that the Certificate of Competency of John Read be suspended for one year.
The Court wishes to express its approval of the meritorious conduct of those who accompanied and remained with the Master, viz:-James Forbes, 2nd Mate; John Fergusson, Boatswain; William Caught, Steward; Geo. Roots, A. B.; and Wra. Secconde, Apprentice; forming such a marked contrast to the behaviour of the remainder of the crew.
It is also of opinion that the Chart by which the Westminster was navigated was one of too old a date and too incorrect to be safely made use of; the ship was imperfectly found in compasses having no means of ascertaining their deviation or of taking a correct bearing of the land; although the loss of the ship was not attributable to these causes we desire to draw the attention of the Board of Trade to the above particulars considering that some supervision might advantageously be exercised. We think the practice (which we believe is too common) of keeping the side lights unlighted is a most dangerous and reprehensible one, involving the necessity in this case of the Officer of the watch leaving the deck for three minutes at a most critical period.
(Signed,)
Given under our hands at Hongkong, this Eighteenth day of October, 1866.
JOHN C. WHYTE, 1st Police Magistrate. H. G. THOMSETT, R.N., Harbor Master, &c. HERBERT MAGNIAC, Un-official Justice of the Peace. ALFRED PARISH, R.N.R., Master of the Mercantile Marine. ALGERNON OVERBURY, Master of the Mercantile Marine.
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I have now read all the within evidence and am quite agreed with the Court as to their finding, except that I think the punishment awarded to the Mate (suspension of Certificate for one year) seems far too lenient, as his conduct was marked by disobedience and cowardice of the most unworthy character, and quite sufficient to demoralise the crew and dishearten them, so as to unfit them for their duty.
19th October, 1866.
(Signed,)
RICHARD GRAVES MACDONNell,
Governor.
The Court have re-considered their sentence: Four of the Members are agreed that the Mate's Certificate shall be cancelled, but one Member dissents from this view. The correspondence in connection therewith is forwarded for His Excellency's consideration.
23rd October, 1866.
(Signed,) *H. G. THOMSETT,
Harbor Master, &c.
I shall not disturb the first Sentence of the Court, in deference to the strong feeling of the minority.
30th October, 1866.
(Signed,)
RICHARD GRAVES MACDONNELL,
Governor.
No. 168.
GOVERNMENT NOTIFICATION,
The following Decision of the Marine Court of Inquiry into the loss of the British Barque T. E. Boyd on the Tortoise Reef near the Pescadore Islands in the Formosa Channel, is published for general information.
By Order,
Colonial Secretary's Office, Hongkong, 9th November, 1866.
W. T. MERCER, Colonial Secretary.
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