The Northern Daily Times.
Liverpool, Merseyside, England, 1856-04-11 00:00:00

LOSS OF THE THESCHOMBERG

-- - -
OFFICIAL ENQUIRY INTO THE CONDUCT OF

CAPTAIN FORBES

BY the overland mail which arrived at Southampton on
'Wednesday evening,
21st copies ot the Melbourne Argus, of the
and 23a of January, have been received, and from
them
conductw qUote the following report of an enquiry into the
of Captain Forbes, in connection with the loss of
the Schoenberg :
Information having been laid by the crown, charging
Captain Forbes of the Schoenberg, and Mr. Saxby, the
third
pia In. ate) with neglect of duty, an examination took
~ place la the Williamstown police court, before Lieut.
rase° 'fp ‘,.
ir, -' '""A• (chairman), Captain Ferguson, and Lieut.
-ra„,
-Lord, it. m..
~• The case of Captain Forbes was first
called on- Mr. Shillinglaw, of the water police, sup-
riled the prosecution ; and Mr. Read, solicitor, appeared
.or the defence. The following is the wording of the
Information—
°r at 3t he did, on or about the ..,...
beint at the time mast,
Of duty as
ancho such Master omit to do
b ", such act, among ot:
voYnytroae le pre,erving the said
snip
All yto t Schomberg from immediate loss,
trade
form of the statute in that casemade and provided.
tk
.-ie Witnesses having been directed to leave the
..;`ft, Mr. Read said the information had been laid against
1041:taa_ba.Forbes under the lith and 18th Tictoria, chapter
th. ...tic' was similar to that which had been dismissed at
t,, district court a few days previously. He was no
aware
~.,
hag th 'nether or not their worships knew, prior to issu-
seru: summons in the present case, and which was
da„,,'," ell Captain Forbes in the court on tho previous
00,;;:hat the case had been brought before the district
Lours and dismissed. There had hardly twenty-four
he clideklaPsed since the issue of the summons, and really
agii'ePe there would be some limit to prosecutions
net Captain Forbes.
bee:e23etich said they were not aware that the case had
Om: `43raissed. They thought it had been simply struck

sth day of December last past

T of the British ship Schornb.?rg,

ly neglect

acts, to wit, to let

rs, being lawful and proper to be done

r. Shillinglaw said that in the first information,
so., was drawn by the crown solicitor, the charge
th
tat. e defendant was called on to answer was not
a 8 tp:ceitly specified. The defendant's solicitor asked for
sots "e charge, and the information had been amended
to
aft supply the deficiency.
1484,, mad said that the case was remanded in the first
that 'cc for seven days, on the specific understanding
bet t," distinct charge would be laid within that time,
ha,,,1L18 Was not done. Mr. Shilliuglaw then asked to
to 11:1-te ease remanded to Williamstown, where it ought
silte been brought in the first instance, but their
tvial-"t's dismissed the case, refusing to refer it to
tiziostown.
eV: merits
enquired if the question had been dismissed
the eLltead replied that the magistrates refused to send
miss'se to Williamstown, and it was struck out as dis-
call% Re only stated this to the bench, that they might
lest whether or not it was competent for them to
neseh.'"u a case which had been dismissed by another
r. 8,-
vf uillinglaw said, that Mr. Read wanted to arrange
air. is r Gurner to send the case to Williamstown, but
The ``lltaler said he would not be a party to any compact.
11Peetairr,re°,gettlents concerning the seven days' notice of. a
trate„" charge must have been made between the magis-
aothi' and Air. Read, after he left the court, as he knew
)4`l3g about it, until he saw it in the papers.
hr'ilead denied that he wanted to make any compact
abusGurner. If their Worships thought they were
teaas.e#' in going on with the charge, he was perfectly
, h"0 Meet it, but he must state that it was a course
Ted never heard of before.
hadnaench thought that as the merits of the question
intobeen investigated, nor evidence taken, it was their
") go on with the case. If the case had been gone
414' arld then dismissed, it would have been a very
clue rent matter, and they would not have asked another
a peBrtion about it. Now they were in the same position as
ersepsc.'ll charged with a criminal offence, in whose case an
which the the preliminary proceedings had been. made,
iw.." of course, would not vitiate the prosecution. .
ashi",_§hillinglaw having been sworn on the information,
Iler,aii!le instructions in laying the matter before the
• Were to explain to them the position the govern-
had had taken in the matter. The present proceedings
bet,been, taken in consequence of the representions of
ps,• t deputations which had waited on the government.
sh`uc Bench interfered: They had nothing to do with
else statements ; all Mr. Shillinglaw had to do was to
Lau witnesses in support of the information which had
laid.
nef
d
0110
bywing witnesses were thereupon called and
'katni Mr. nglaw
thur 'Melville, aShil selicond class passenger on board the
Luthone berg, examined : On the night of the 26th December
otra the anchor was let go about two hours after the ship
ed.
kr, 1) •
...ead submitted that that ended the case.
Itet, Tab° Bench understood the information to refer to such
would have saved the ship from stranding.
aide urination continued: He was standing by the port
P. cif the bulwarks of the ship at half-past ten o'clock
'',oll the night of the 26th December, about midships.
Conls..`ated to his wife and several passengers that he
they see see land about two miles off, directly ahead, and
lahlbe3ade the same remark almost simultaneously. Iy
lafe '`e should not like to go to b.sl till he saw the ship
the ' About ten minutes after this, having seen one of
to,,,ofticers go to the captain's cabin, he saw the captain
stge,eut. He (witness) went down stairs, and the ship
is Ira about a quarter of an hour afterward,.
hasten he Bench: He had no experience in estimating the
c_ce of land from a ship.
Isaess-examinea: He had been at sea before, having
doinga voyage from Barbadoes to England. He was not
Ao7,at Clapton when he left, but at Honacrton. Hethe,
the,:t not swear he wis on the port side at the time,
the ebswas such confusion. He was near the mainmast, on
eat main-deck. His berth was between decks. The
ahih--"ee to the second cabin was in the middle of the
A he looked over the side, he should say the wind
vfato,"Piving in his face. He was standing on a iron
eabt,;Latik, which was on the same side of the ship as the
eabr'll's Cabin. The tank went as far as the cook's
PattiltlOnd went half way round the ship. One part was
Isahp_ti red, the other blue. He was at the part
100, ‘9, blue. He proposed no resolution concerning the
tll ship at the Mechanics' Institution.
bea Shillinglaw said he should produce no more of the
ToLertgers for the principal ones had gone to Hobart
lair, He would then call Mr. Saxby, the third mate.
tio need took a preliminary objection to the examina-
gc,:. of this officer, a similar information having been laid
to billst him, and he submitted that Mr. Saxby ought not
`elf, called to give evidence which might criminate hina-
takt„ If the anchor should have been l?t go, the third
was the man who should have dope it,
thethird e -Bench pointed out that the evidence required of
kr mate was concerning the 26th, whereas the
sheertnation laid against him was for a neglect of duty on
ii42stfa, and so could not prejudice him.
save Bead: Decidedly it might, if it was his duty to
1,, got the anchor ready.
fo "e bench said the information against the master was
that of giving certain orders on the 26th, and certainly
lvr eettid not affect the third mate on the 25th.
nos. Read'said he would advise the third mate not to
.
himself any questions which had a tendency to criminate
The examination then continued.
Jonathan Richard Saxliv, late third mate of the
bpbera, examined: He knew the defendant, Captain
He remembered the night of the 26th. He was
kikeek in charge of the watch. He took charge at eight
At that time they were on the starboard tack, close
t
ie„aled, standing in for the shore, under single-reefed
,IVsails and topgallant sails. The ship was heading
- with her bowlines hauled.
si,;wie- Read objected to the witness answering :the ques-
tof whether or no he looked at the compass.
Vie Bench thought if such objections were allowed
xeY would not be able to examine any of the officers.
4'4. Read contended that the Bench were bound to pro-
°Pile witness.
p" question was waived.
eialarnination continued : The land was not in sight at
stil,gt oclock. Between a quarter and half-past nine the
rose,fl
__ and he saw something like a fog-bank right
sad He called Captain Forbes, and he came on deck,
saltold him to " stand on.'' The captain :T stood 0f.,,
i
went offtie
f
till °2l deck • he could not say where. He
80,„,-41 o'cloh. He saw land then himself distinctly. He
deck Captain Forbes at the same time, on the poop
terz, looking at the land. Captain Forbes left, and went
tee,-rd with his glass in his hand. About half-past
The. " (witness) asked the doctor to call the captain.
sto h2aPtain came up, and ordered all clear for the ship
447 Pitt about. His reason for calling the captain was
at fl g eeing land pretty clear. The wind was falling ht
th 5,,..",, time, and the ship was going four or five knots he
doWnimagine. In a few minutes after, the helm was put
calm' the after yards were hauled, and it fell quite adead
4/1111) So that he could not tell where the wind was. The
Ish„%wtaild not come round. The captain took charge
ore to came on deck. After this many things were
Th:re,d, and after a bit the after yards were squared.
beer, B,"iP went off, heading off the land—it must have
tip r,".°Y the force of the current. A light breeze sprang
as "ti,tl the land at the time, and the ship payed off well,
4fte;at, he thought she was clear of the land, but just
she struck. Had the anchor been let go at the
Febe:ll hands would have been lost. He heard Capt.
)3at give orders to heave the lead after the orders to
iic ha about had been given, and before she struck.
tisk,,,Td no occasion to call the captain again, after he
the -,i`` the doctor to call him, for the captain did not leave
at ss'eeh after that until the ship struck. He had been
ttece,,a sixteen years, and it would not have been a proper
Ilhis?Lseamanship, to have dropped the anchor when the
6 was wearing round and heading out-
ailb, °es-examined : There was no sand-bank marked in
atAehart he had seen on the place where the vessel
hs,,,,ek;_ He was not sure but that the captain might
1%44: "(ten in the forecastle, from the time he first called
Its>.
exatnined: He had seen a place marked Cutter's
e_t, but never Curtis's Reef.
it TA, Bench : The last time he saw the captain he