Drowning accident report and inquest




10

deeply regret to say, Mr. Robinson, John M'Culloch, the first officer (James Fowler), and one seaman (Joseph Cooke), had met with a watery grave; and the survivors in so weak a state, that but from the prompt assistance rendered by the second boat, not one would have been saved.

On the Wallaby entering the Buller two hours afterwards, and the distressing circumstances being made known, parties immediately started along the beach to endeavor to discover any of the bodies, and not until the following morning were there any found, when two were perceived on the sands, those of the chief mate and John M'Culloch.

We summoned a jury, and held an inquest on the bodies the same evening. Coffins were made, the Funeral Service read, and the bodies decently interred yesterday morning.

The jury returned a verdict of "accidental death."

We also beg to state that a messenger on horseback was despatched fifteen miles from the Buller, along the beach, with a hope that the other bodies would be found; and also parties on foot, after two tides receding; but we regret to say without success. Instructions were left with the constable at the Buller to send out every day for the next week, in the hope of finding the missing bodies, and should they be discovered, to make a report by the first steamer to Nelson.

We have, &c.,
B. WALMSLEY, J.P.
J. BLACKETT, J.P.

His Honor the
Deputy-Superintendent,
Nelson.


INQUEST ON THE BODIES OF FOWLER AND M'CULLOCH.

Proceedings of a Court of Inquest, summoned by BENJAMIN WALMSLEY and JOHN BLACKETT, Esqrs., Justices of the Peace for New Zealand, touching the death of John M'Culloch and James Fowler, at the Buller River, West Coast, Province of Nelson, New Zealand, this 29th day of January, 1865.

The following were sworn in as jurymen :—Joseph Ferguson, Andrew Preston, Joseph Williams, William Beattie, John Martin, Thomas King, Thomas Mackenzie, Robert Saunders, Frank Crossling, William Murrell, and Isaac Waylan. Of the above, John Martin was chosen foreman of the jury.

The jury then proceeded to view the bodies, and, during returned, the following depositions were taken :—

Joseph Lucas Hodges, being sworn, said:—I am district constable at Westport, and, on account of information I received last evening from Mr. Martin's relative of an accident which had occurred at the mouth of the Buller river, I proceeded half way to the Orawiti river in search of bodies supposed to have been drowned, but I found nothing. This morning I got up at three o'clock, and searched on the beach, from the upper flagpole, and found nothing round the point. I then proceeded towards the Orawiti, following a man on horseback who was also in search of the bodies. I saw him stop and return, and he informed me he had found a body, and believed it to be that of John M'Culloch. On proceeding to see this body, I found another, which I identified as that of the mate of the steamer Wallaby, by name James Fowler. I also found a tent, and covered over the body. I then proceeded to the body found by Charles Wootton, the horseman, and have since identified it as that of John M'Culloch. I assisted in bringing the bodies to Westport.

Thomas Whitwell, being sworn, said: I am master of the steamer Wallaby. Proceeding between the River Grey and Nelson, I had occasion to land some passengers at the Buller, and there not being sufficient water for the steamer to get across the bar, after examining it as closely as I could, I decided on sending the boat in with the passengers, thinking it perfectly safe so to do. I had the ship's life-boat lowered and the crew of four men with the chief officer in charge were put into her. They proceeded towards the bar, and after being gone some twenty minutes, during which time the vessel had drifted some considerable distance off the bar, and not being able to see the boat distinctly, the chief engineer, who was up in the rigging, called my attention to look at her. I then saw something floating from her, and I concluded that some mishap had occurred. I put the vessel at full speed and headed towards the bar, at the same time getting the other boat ready for lowering. When as near as it was safe to go, I saw the life-boat was swamped and people clinging to her. I sent the second boat to their assistance with three men in her. They succeeded in reaching her and towing her off to the steamer. I then found that some of the people were missing, and on enquiry I found that four were missing out of the whole number which had left the ship. The names of the passengers which had embarked with Mr. Robinson, the Superintendent of Nelson, and his son, Mr. M'Culloch, Mr. Gully, and Mr. Barnett. Of these I found the Superintendent and Mr. M'Culloch missing, also the chief officer, James Fowler, and a seaman named Joseph Cooke. I took the survivors on board, and sent the boat in search amongst a number of articles floating about. I also steamed the vessel in amongst them, but could find none of the missing men. I then steamed slowly down in the direction of the current with the boat pulling about to examine every object we saw. I then steamed in shore in the direction in which I supposed the bodies would float with the wind. Finding nothing, I then came into the Buller and anchored, and sent word on shore of the accident. I searched for the bodies on the beach early this morning. I found nothing myself, but saw two bodies which had already been discovered by Mr. Hodges and two other persons.

I have since identified one of those bodies as that of James Fowler, late chief officer of the Wallaby.

By the Foreman: The life-boat will carry about two tons in all. She is fitted with cork under the thwarts. In stating that I steamed in as far as it was safe to do, I referred to the passengers, and not to the break on the bar. I should imagine that there would be about four or five feet of water at the bar. I was satisfied as to the ability of my first mate to steer a boat in broken water, or I should not have sent him. It is usual to land passengers by means of a boat, if the bar be smooth enough to allow it. I have never landed passengers in this way, in the Buller, before; but I have done so on the Okitiki and at the Wairau; at the latter, many times. I shel have had to wait for two hours before I could cross the bar with the steamer. If a passenger objected to be landed in a boat, I



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🏘️ Report on the drowning accident at Buller River (continued from previous page)

🏘️ Provincial & Local Government
31 January 1865
Buller River, Drowning, Steamer Wallaby, Accident, West Coast, Nelson
  • Mr. Robinson, Superintendent of Nelson, passenger
  • John M'Culloch, Drowned
  • James Fowler, Drowned
  • Joseph Cooke, Drowned

  • B. Walmsley, J.P.
  • J. Blackett, J.P.

⚖️ Inquest on the bodies of James Fowler and John M'Culloch

⚖️ Justice & Law Enforcement
29 January 1865
Inquest, Buller River, Drowning, Steamer Wallaby, Accidental death, Nelson
24 names identified
  • Benjamin Walmsley (Esquire), Justice of the Peace, summoned inquest
  • John Blackett (Esquire), Justice of the Peace, summoned inquest
  • John M'Culloch, Deceased
  • James Fowler, Deceased
  • Joseph Ferguson, Juryman
  • Andrew Preston, Juryman
  • Joseph Williams, Juryman
  • William Beattie, Juryman
  • John Martin, Juryman, Foreman
  • Thomas King, Juryman
  • Thomas Mackenzie, Juryman
  • Robert Saunders, Juryman
  • Frank Crossling, Juryman
  • William Murrell, Juryman
  • Isaac Waylan, Juryman
  • Joseph Lucas Hodges, District constable, witness
  • Mr. Martin, Relative of, mentioned in testimony
  • Charles Wootton, Horseman, found body
  • Thomas Whitwell, Master of steamer Wallaby, witness
  • Mr. Robinson, Superintendent of Nelson, passenger
  • Mr. Robinson, Son of Superintendent, passenger
  • Mr. Gully, Passenger
  • Mr. Barnett, Passenger
  • Joseph Cooke, Seaman, drowned

  • Benjamin Walmsley, Justice of the Peace
  • John Blackett, Justice of the Peace