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[Manning River Times ... 1st August 1900]
INQUEST ON ANOTHER BODY.
An Inquest was held at the Belle Vue Hotel, Tuncurry, on Saturday, the 28th instant, by the District Coroner (Mr. T. B, Boyce, J.P.), on the body of Bernhard Norling, a seaman who was drowned whilst attempting to land in the ship's boat from the wreck of the Empress of India, on Monday, the 23rd instant— the body having been found on Friday afternoon on the north beach, about six miles from the Forster.
The proceedings were commenced at 2 o'clock, and did not terminate until 10.30 p.m.
The following jury was Impannelled :— Messrs. A. Mills (foreman), W. A. Hayes.M. McIstosh, W. Blows, W. Coultas, F. Head, E. Waters, G. Cowel, C. Commiskey, B. Lemaire, W. Hoy, and J. Maybury.
The Coroner stated that there appeared to be an impression abroad that someone was more or less to blame for the sad fatalities attending the wreck of the Empress of India, and that was the reason another inquest was being held, as fresh evidence was alleged to be forthcoming. It would be the jury's duty, therefore, to make the strictest investigation, in the public interest, as well as in that of all the parties concerned. - With this end in view they would be allowed to put any question they thought desirable to the witnesses, and he hoped they would do so.
Jas. Rogers deposed : I am a constable of police stationed at Forster. From what I heard on the 27th inst., I went along the north beach, and about six miles from Tuncurry, I found the body of Bernhard Norling lying on the sand.
I removed it to the Belle Vue Hotel, where it now lies; On the evening of the 23rd inst., at 20 minutes past 3 o'olock, I saw deceased and four others in the breakers; about half a mile from the north beach.
Shortly after deceased disappeared, and was not soon afterwards. Three men clung on to the boat, which was swamped. It came within 200 yards of the north beach, and then drifted into the channel leading out to the ocean. Another man clinging to to a paddle followed the same course as the boat. At that point the pilot and his crew rescued two men off the boat— the third man having disappeared about 300 yards from where the two men were rescued. At that place the boat turned bottom upwards, which caused him to disappear. I saw the tug-boat lying in the channel about 3.15 p.m. She remained there till 3.45 p.m. Those on board busily engaged handling ropes. The tug then went to the pilot-boat shed, and landed the pilot and his crew, who were on board the tug. They then manned the lifeboat, and rescued the two men referred to.
To the jury : On to the ship's boat until the pilot boat arrived.
To the Coroner : I did not hear what the depth of water was on the bar that morning, or on Sunday. I did not see the vessel attempting to come in that morning.
To a juror : During the pilot's absence, while I was on the hill, I gave permission to anybody to take the lifeboat to try and rescue the men, but there was no one competent to do so. The first time I came on the scene was at 3.15 p.m.
Amor Hicks Kendall deposed : I am pilot, stationed at Forster. I remember last Monday, 23rd inst. I found three bags, with clothes in them in the harbour. The articles produced, some of which bear the name of Bernhard Norling, are tho same.
I noticed from the Flagstaff Hill a flag hoisted from the main masthead of the Empress of India on Monday morning, 23rd July, at daybreak, which I understood to mean that the services of the tug boat were required.
To Constable Rogers : When I saw the flag hoisted on the ship, I hoisted the letter N at the station for the tug. I saw no steam up on board the tug boat. I sent boatman Benson to Tuncurry to inform the master of the tug boat that his assistance was required. I sent him over within a few minutes after the flag was hoisted. The next thing that attracted my attention was the vessel getting under way. There were no signals of distress flying. Vessels often get under way immediately after signalling for a tug. Tho vessel was got under way and came towards the bar, under the fore topmast staysail and fore try sail, and with those two sails set struck on the bar. In my opinion there was not sufficient sail on the vessel to navigate her at that tempestuous time.
During my experience at sea, I never saw a vessel take a bar under so small a spread of canvas. She struck the bar between half past 6 and 7 o'clock, as near as I can recollect. The tug was about leaving the wharf at that time. I boarded the tug from the whale boat when she came round, when the two boatmen took the boat into smooth water under the breakwater. We then went with the tug-boat as close to the Empress of India as we could get. Finding that we could not get the heaving line on board the vessel from the tug, I then called my whale boat back to the tugboat, and passed the end of a small time to someone on board the tug — having got into my own boat. I immediately ran the small line to the schooner Empress of India tug-boat's tow line on board. The whale boat went within 20ft. of the vessel, and her crew threw the end of a rope to the boat, which was sent on to the end of the small line attached to the tow line. . The crew then had an opportunity of asking me to take them off the vessel, but they did not do so in any way. They could have then been taken off with safety. I then returned to the tug. The vessel did not state to me that they wanted assistance, and I did not expect the vessel to become a wreck. I fully thought that she would be brought in alongside the wharf when I left her at 5 p.m. Being unable to tow the vessel in, the tug gone away for the time being, and later on went back and commenced towing again. Before commencing. to tow, when we went down to pick the tow-lin up in the tug boat, we were within 40 or 50 yards, of the Empress of India. The master of the vessel did not at that time ask for assistance, or show that he was in trouble or danger. I saw the ship's boat launched, and the crew of four get into her. I heard afterwards that there were five men in the boat ; but the weather was so dirty, objects could not be distinguished at the time, at the distance I was from the vessel. The boat then capsized, and I saw four men struggling in the water. I immediately slipped the tow tine off the tug-boat, by bending the anchor on to the end and throwing the anchor overboard. In paying the line overboard, unfortunately it became foul of the propeller, which caused some delay before it was cleared. When it was cleared we steamed back to the beach, to the bow of the tug boat on to the beach myself and men jumping over the bow on to the Shore then, with two extra bands as volunteers so had to pull four oars, we immediately went to the rescue of the drowning man, and succeeded in saving two. When I boarded the tug in the morning the crew were not there the driver being abseht.
No delay was caused through his absence when I boarded her.
The depth of water on the bar as 16 feet as I can estimate, was 6ft. 8 in. to 6ft. 10in., as shown. by the tide gauge.
Had the Empress of India stopped outside for the tug, I believe that the tug could have kept her in the channel and brought her in, notwithstanding that she drew more water than there water in the channel. It was high water that morning at 6:47.
It was not possible that it could have been daylight before. 6 o'clock; on account of the blinding rain. It was about a quarter-past 6 o'olock when the day began to break, The Empress of India would have been more likely to the tug had gone down to her when she hoisted the flag, I at no time saw signals of distress from the vessel.
When I signalled the tug she should have had fall steam up, but as a matter of foot she had not. Had the vessel had sufficient canvas set at the time she slipped her anchor and came to the bar with the heavy sea running, I have not the least doubt that she would have come in without the assistance of the tug. The vessel could have come in at 6.16 with the assistance of the tug. Had she gone out when signalled for, I believe it would have prevented the vessel going on the spit, as the tug would have kept her in the channel, which she was not when she took flie hir. It is not a usual thing for me to send a messenger to the master of the tug when her services are required. - It would take a messenger to go from Forster to Tuncurry and back, to inform the master of the tug, about a quarter of an hour in a nose like that.
To a juror : It was practicable for the tug to attempt tbe bar for the assistance of the vessel. I cannot say how long the men were in the water before I went round with the lifeboat, as my mind was fully occupied. The messenger had returned before I went on board the tug.
Charles Benson deposed : I am a boatman at the pilot station, Forster. On Monday morning, 23rd July, I went on to the Pilot Hill, about a quarter to 6 o'clock. I saw the riding light of the Empress of India.
I saw the flag hoisted on the Empress of India that morning at daybreak— about a quartet past 6, noted that flag I thought that the tug was wanted.
The pilot at to hoist a flag for the tug boat, which I did.
I awed the pilot in charge, to Tuncurry and let them know, when the pilot told no to do so.
That eras about lea mihutea after the tag signal was hoisted. I treat anon to the tugboat, and called the fireman as I crossed her deck knowing that no one slept on board. I told him he , tree wan tod, and that the Empress of India washed . toootnoin. His answer was : 'All right' The fireman was in the forecastle when I opened the door to call him, and there was no attempt bring made at that time to get to steam. That was about half-past , 6 o'clock. When I left the tag I went to the engine house and called him. Too answer I got was he is not at home. I them left his house and , went to Capt. O'Brirne's. I knocked at his front door, and he answered me. I said to him: 'Frank, you are wanted ; the Empress of India wants to come in.' He said: 'All right.' I then left his house and went down to my boat. It was about a quarter of an hour after, not more, when the tug begun to steam away. She left the wharf about 7 o'clock. I saw the Empress of India sailing towards the bar when I left the wharf. Calling across the river, I saw her entering the bar, and she was on the bar before the tug left the wharf.
To a juror : I was crossing the river when the vessel. struck the bar, I saw her strike and remain , fast, and then drift to the northward. In entering , the bar had four or five widths open to the northward - I was on board the tug when the ship's boat was launched . I saw no signals flying , from any portion off the ship. I do not know of any role for flying signals of distress from any part of the ship— only the ensign upside down, with a , knot in it.
Generally a flag is hoisted to the masthead. The tow line was fast to the vessel before the boat was launched. There was no report at that time that I knew of with regard to water bring in the vessel. It is my opinion that being flood tide, the tug should have been ready to leave the wharf. It was possible that there was enough steam up to take J the nig out without my knowing it, and the fires may , he banked up every aright. The pilot was getting ready to launch the boat when I returned to Forster. From the time I got on the hill, till I left after dinner in the tug, I watched every movement on board the schooner, and I noticed no signals of distress. I saw nothing that I understood was a signal for distress. Something was hanging in the main rigging, but I could not tell what it was ; it looked like apiece , of canvas or shirt. The tug was towing to windward of the schooner, and it was therefore difficult to see any signal in the rigging. I saw no one hanging the signal up, and it did not strike me that the .services of the tug were wanted. It was about a quarter of an hour after we started to tow in the afternoon that I saw the object in the rigging.
There was nothing in the rigging in the morning.

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[Australian Star ... 21st August 1900]
An Inquiry into the circumstances surrounding the wreck of the schooner Empress of India, which took place at Port Stephens on July 24,- was held yesterday by the Marine Court, consisting of their Honors Judge Back-
house and Judge. Heydon, and Captains Mark ..Beach and. J. B. Carpenter (assessors). The wreck was attended with loss of life, the captain. (Peter Wiliiams), the cook (John Gleeson), and A.B. named Bernard Howling being drowned.
Amor Hicks Kendall, pilot at Port Stephens, deposed that he saw the Empress of India coming into Forster on the morning of the 23rd of July. He saw a signal, hoisted, and shortly afterwards she got under weigh, and took the bar at, flood tide, but struck on the outer bar, about 50 yards to the north of the channel. The weather was very heavy at the time. The tug came down about 20 minutes later and witness, taking charge of her attempted to tow the Empress of India off. In the afternoon the master and crew got into a boat and made for the shore, but the boat capsized, and only two of the men were picked up. Witness could not say why the crew left the vessel, and they did not signal that they wished to leave.
Henry Biblett, mate of the Empress of India deposed that the schooner left Port Macquarie on July 20 for Sydney with a full cargo of timber.
They met heavy seas, arid determined to run back to Cape Hawke. They arrived there on July 22, when a leak started, and pumping was continued all night. In the morning they signalled for the tug-boat, and after waiting half an hour the captain decided to sail in.
Witness got his orders from the captain as to the course he was to take.
When nearing the bar witness was washed away from the wheel, which was smashed.
The, schooner took the ground and the tug coming outtook her in tow, As the tide was falling the tug stopped towing, and left the schooner at anchor, returning at the afternoon. At this time, the crew wished to leave the vessel, which was half-full of water.which was'rising fast. A distress signal was hoisted for about half an hour, and all hands then embarked In the boat, which had been lowered. Witness wished to remain on board the. vessel until the life-boat arrived. When some .distance from the, vessel the boat filled and the occupants were thrown into the water. Only witness and another man were saved.
John HIbberd stated that he was the owner of the Empress of India and other coasting vessels. He had glven orders to his captains to obtain .everything that was necessary, for the proper worklng of the vessels, and for the saving of life in case of shipwreck.
The. court. found:— (1) That the Empress of India was lost on the Forster Bar through her becoming unmanageable and going on shore in consequence of her wheel having carried away;
(2) that an error of Judgment had been committed, by the master in leaving the. anchorage, where the vessel appeared to be in safety;
(3) that the lives of the master and two of the crew were lost by the filling of the boat, in. which they had left the vessel;
(4) that an error of judgment had been committed by the master in leaving the vessel in the boat when he did;. and
(5) that the vessel had not been properly supplied with life-saving apparatus, in accordance with the provisions of the Navigation Amendment Act.of 1899.

[Evening News ... 21st August 1900]
Francis Patrick O'Beirne deposed : I am master of the tug-boat Marian Mayfield, and reside at Tuncurry.
I remember the morning of the 23rd July. , About day-dawn — 6 o'clock, I think — I looked over the bar and saw the boom of the vessel Empress of India at anchor. As she had been lying there the day before, I considered that she was not coming in. There was insufficient light to see flags either on her or at the pilot station at the time.
A. few minutes later one of the pilot boatmen rapped at the door. I asked him what was the matter, and he told me that the Empress of India wanted to come in, and then , walked away. I immediately put my oilskins on, I went on aboard the tug, and enquired if the engineer was there. The fireman told me he was not. I went to his house, a distance of some fifty yards from where the tugboat was lying, and ascertained that he had not been at home during the night.
I went on board again, instructed a young man at the wheel, and started for the bar working the engines myself. I had proceeded as far as the breakwater, when I met the pilot and crew in the whale boat. He came onboard, and I asked him to take the wheel, which he did.
We proceeded towards the Empress of India, but could not get sufficiently near to throw , the line on board. The pilot got .hie boat and ran a small line on board the vessel, by which they hauled i the tow line on board. We remained towing at her till half-past 9 o'clock.
The vessel came in considerably during the time we were towing. Seeing that she failed to move any further, we anchored the end of the tow line and, went to the wharf. About , 3 o'clock, or half past. 2, I saw the pilot on board the tug.
We made arrangements to try the Empress of India early on the tide, and if we did not succeed in getting her into port, we decided to take the crew off in the lifeboat.
We then left the wharf and proceeded to where we left the lino in the morning. After getting it fast on board, and towing at j her for about half an hour, we saw the crew of the Empress of India get their boat over the side— five hands getting into her: They left the vessel and ; hauled along the towiine for about fifteen fathoms, when they let go and took to the oars.
Through the wind blowing so very fiercely from the south- west, and the strong tide running out, they were unable to make any progress towards the western shore, but were carried away north into a broken, confused sea, where their boat filled.
She was then lost to my view for a few minutes.
When next I saw her on top of a sea, the men were in the water.
The pilot and his crow went to attend to the slipping of the towiine. In passing the towiine overboard, it ; got font of the fan, which cansed a slight delay, , perhaps about IS minutes. When it was reotified, ; we landed the pilot, who went to the rescue of the men in his lifeboat. We proceeded towards the pilot boat and piokedunp the Empress of India's boat, i from which the pilot had rescued two men. Icruised j about the harbour for two hours afterwards, bnt i failed to see anything of the three men that had been ; lost — Capt. Peter Williams and two seamen— the whole of whoBe bodies have Bince heen found on the j ? north beach, . j To the Goroner j When the men left the ship in , 4 the boat they were fully dressed in oilskins. I saw ; ' them passing bundles into the boat. Bundles belonging to the men have since heen found in the harbor, i | To Constable Rogers: The engineer's absence from duty that morning caused no-delay in the tug getting out to the vessel. It. usually takes the fireman ' about fifteen or twenty minutes to get up steam at | any ordinaiy time. About 301bs. of steam is usually ? kept np, and the fire only has to be thrown book to { get a full head. The fire is always banked up every , night. Ho smoke coming out of the funnel is no indioatiqn thqt qfeaifi'waa not up, as there is less , smoke when there-is a,- good -head of steam. The vessel was on the ibftrq when I left in the tug that rabrnipg. I noUoedipo flag being put up on board tbo vessel whilst towing at her in the afternoon. I saw no flag in the digging, in any shape, whilst I was towing at her.H-Liiotieedtheletter N was tied low, abont three.: rattlins np the rigging, while cruising about foe.tharbor after the,-two men had been rescued. The engineer asked- for permission on Sunday morning to, go away till half-past 7 or 8 o'olock that night,}, He was delayed np the river on a spit in a sjeam j§gnch, having been driven there during the darkpese of tho night. The engineer came on board the tug about half-past 8 or 9 o'clock, whilst I was towing at the vessel. When I went.on board the tug, aft?fi qalhngfor the engineer, there was plenty of gteaqq.qnd I immediately started from yyh^rh That.iyo^d be about 7 o'olock, or a little pariierl It is hot a usual thing for the pilot to send aman'ovprfo ctdi the fog. The Empress of India, was a vesfol lying in tho Bay for shelter, and it was not expeoted that she was coming in ; and the falling- tide, and no other, vessels being about, was tho oauBe of the pilot sending oyer for the tug. To a juror ; There was not toe slightest neoossity , gs far as I could see, for the orew to leave toe vessel when they did. It was a most improper time to leave, under any consideration. The tog, as far as I am aware, could not have rendered any more servioe if the engineer had been present. The orew, when they, got into toe boat, did not signal in any way: ' ' To the Coroner : Before toe crew left toe vessel they were going from toe dook into the forecastle and back, and were not in the rigging. They appeared to be in no danger whatever. To a juror : The sea was not breaking continually over the ship when tho crew left her, only Borne spray comiug over the stern occasionally. 'Thepikit ppd prow were on board the tug at the time toe prew left toe efi'P- It is not necessary for tho pilot and to be on board toe tug, to help work her ; but in .bad weather it is usual for the pilot to be on -hoard the tug, to oxecute his own work to better advantage.
he pilot boat was ashoje at this time. The tug's boat was on board to steamer at the time the ship's boat capsized.
The effort oould have been made to save the men by using the tug's boat, as there is only a dingy. If two men had had lifebelts laying by, one would have been drowned.
The inquest was adjourned until 7 p.m.
Henry Siblet deposed: I was mate on board the schooner Empress of India, trading between Port Macquarie and Sydney. Was anchored in the Bay at Forster on Sunday afternoon, at ball past 2 o'clock.
She sprang a Ink about 10 p.m., but the crew to her free of water with the pump all night
At daybreak we hoisted the ensign for the tug, about a quarter past 6 o'clock.
It was answered with a flag at the station.That would indicate that the tug waa wanted. The flood tide signals were up. I had a conversation then with Oapt. Peter Williams, the master of toe vessel. The body that was buried yesterday 1 identified as that of Capt, WiUiaros. We derided to slip the anohor and sail in. We did this beoauae there waa no appoaranco of toe tug, and it was after high water. We had a jib end trysail set on tho Teasel. Just before we arrived at the bar, a heavy ess broke on board, which washed me and another man away from the wheel — the wheel bring broken by the same wave.
The vessel was then stuck on the bar— shortly after the wave struck her.
The tug then came, and a towiine was put on board by the pilot boat. Tho pilot boat came down to the vessel, within four or five fathoms. We had a tine overboard, which toe pilot boat pioked up and attached toe towiine to, when we pulled it on hoard. Later on toe tug left us, as she conld not bring toe vessel in. When the tug and pilot boat were there we did not. inform them tnat we were in danger or wanted to leave the vessel, as there was no danger then. Daring the day, abont half-past I o'clock, toe crew iskod toe captain and myself for permission to put toe boat out and go ashore, as the ehip was toon making water. We told them it was impossible to go ashore, on account of the strong tide. Later on they oame and asked for the ensign to hoist as a dietress signal,' which they did. This was about 2 o'olock. When it was hoisted X told toem to put the flag upside down, as that meant distress. The tug at that time was /towing at the vessel. The crew demanded the boat to go ashore,, as toe vessel was filling fast. I told them it was impossible to get ashore; but tow boat was put over the rail by the men, whoi asked the captain if it would not be better to leave the boat hanging in toe tackles, and wait for the lifeboat . He said : Will it oome said : I think it will come at Blaok water.
In my opinion slack water was toe proper time to take us off. . We all got into the boit. We wore fully dressed in oilskins and boots, but had no lifebelts — none being on board the vessel — and only one lifebuoy, whioh was moored to the anchor in the bay. The crew's hags of effects were brought away in the boat. The bowline was made fast round the towiine .with the boat's painter, and we were hauling the boat along with the tow-line, when one of the orew let the line go, unknown to the rest. We then took to the oars, but could not pnll agaiuBt toe wind and tide. The boat swamped, and two of the crew and the captain were drowned.
I have seen the body that was buried today, and identified it as that of Bernhard Horliug.
I think he was a native of Sweden, about 27 years of age. He was a seaman.
I identified the body buried yesterday as that of Capt. Peter Williams. He was a native of Denmark, and was born in 1842.
The other man who was drowned I identified as John Glasson, who was i native of Norway, about 56 years of age.
The veesel was owned by Mr. John Hibbard, of Port Macquarie. She was in a seaworthy state when she left Port Macquarie, and was well found, except with regard to lifebelts.
Before leaving her moorings in the bay on Monday morning, she was leaking very badly, and she mighthlave foundered if she had remained there.
When ihe struck on the bar I asked Capt. Wiliams : Would it not have been better to have hang on to her anchor outside and he replied: 'I do not, think she would have lived through it.'
To Constable Rogers : It would be about 7 o'clock when we sailed for toe bar. We thought the tug ivas not coming out. The pilot boat rescued Carl Smith and myself from the overturned ship's boat, rhe tug had time to come out to ue from the time we loisted the signal to when we slipped our anchor. To a juror : The vessel was not leaking much when :ve left Port Macquarie. All hands might have been saved, I believe, if they had waited till slaok tide. We were able to remain on the vessel's deck all the time, and. although toe vessel is deeply sunk in the sand, lier masts are still sanding. If there had heen [ife-preservers on hoard, toe three men might have been saved. I asked toe captain if he thought it would be safe to take to. the rigging, whon he said be was doubtful about it. Carl Smith deposed : I was a seaman on board the wrecked schooner Empress of India. I remember last Monday, July 23ra. On that day the Empress if India, when attempting to cross the Forster bar, stuck on the north spit — a Bea having broken on board previously and washed two men away from the wheel, and smashed the wheel disabling the ship. We left the bay at daylight, about 6 o'olook, and it took us about 7 or 8 minutes to get to the bar. We were on toe bar, 20 or 25 minutes before the tug same, when we were told to set the matnsftili which we did, The pilotooat brought down a emall.line in about half-an-hour's time, whioh was fastened on bo a rope hanging from the ship, and the. tow-line was pnfled on board. The tug then pulled at the ship for an hour, and a-half. The ehip, when toe tng left, was pointing straight for the river. When the pilot boat went down to toe ship, we did not ask to be taken off, nor did the pilot say anything to us. Later in toe day the tug came, and began towing again,- when wo.all took to the ship's boat. Before the tug oame hack the second time we bent the Union Jack upside down on to toe main rigging. Shortly after leaving the ship in the boat she swamped. Captain Williams, John Glasson, and Bernhard Horling, the subject of this inquiry, were drowned. John Glasson's body was found on the north beach, about two miles from toe tor, an Tuesday last ; Captain Williams' body was found on Thursday afternoon, floating not far from the vessel ; and Bernhard Horling's body was found yesterday, about midday, about 5 or 6 miles along the north beach. Henry Biblet and myself were rescued from toe overturned shigrs boat by the pilot's lifeboat, after being about three-quarters of an hour in toe water. As the vessel approached toe bar we were all looking oat for toe landmarks, and I said to Harry, the mate : 'To know where the channel goes to and he said : ' Yes, but not exactly.' She then struck on the bar ; and a sea swept over her, and washed Harry and myself along the deok, smashing the wheel.
I thougth understand the distress signal not being seen from the tug, as people on shore could see it. Three of us waved our hats to those on board the tug for about two minutes. To a juror - After wo put the flag in the rigging it was a good half-hour before we took to the boat. I cannot form any idea as to the time the signal for the tug was hoisted an board, the ship.
To Constable Rogers : We were waiting a good quarter of an hour in the bay for the tug. To Pilot Kendall : The Union Jack was hung np in the rigging,- but was torn, and as the vessel was broadside on; to toe wind; the flag was blowing end on to the tug.
It was very thick rainy weather at the time, with a strong S.W. wind.
Charles Bowers, deposed : I am a dairy farmer, residing at Habiac, and I am a son-in-law of the late Captain Peter Williams, I wired to the Coroner that I wished an inquest held regarding toe death of Captain Williams, on account of certain statements that had been made to me alleging neglect on the part of some officials.
I know nothing personally. As Captain Williams' body was in an advanced stage of decomposition, it was buried yesterday.
In wiring to the Coroner, I stated that I had fresh evidence to offer to show neglect by different offioials.
At the inquiry today I have had every opportunity to ask questions through to the police, and I am perfectly satisfied with the manner in which the inquiry has been conducted.
To Constable Rogers : I know of no evidence at all, in connection with the cause of death that has not been brought forward by the police, and there are no more witnesses that I would like called.
At the conclusion of the evidence the Coroner reviewed it at some length, and stated that before putting the country to the expense of holding another inquest, he had communicated Mr. Charles Bowers' request, and his statement concerning fresh particulars, by wire to the Department of Justice, and had been.attempted to hold the present inquiry, and informed that he must use his own discretion as to its scope.
He could fully understand the painful feelings which had actuated Mr. Bowers to move in this matter and,felt deeply for him.
He knew nothing! personally, but had evidently been misled by statements made to him by some persons.
With regard to Carl Bmito's evidence, the jury must have observed that it did not correspond in oome material points with that given by Henry Biblet, who was as old and experienced master of coasting vessels— but that could easily be accounted for by the narrow escape he had from death, and the great fright he had received.
The Coroner quoted from Lord Jervis, ' On the office and duties of Coroners to prove that they bailiff the right to inquire into wrecks.
ssssssIt did not appear to him, however, lost there had been My tugboat in connection with the wreck of the Empress of India.
The change in the conditions of contract between the Treasury and tow tug, hearing on the service to he rendered to vessels roaring to bar and to the pilot, who said and commented on. By the time it was found that a tug was to 'endeavour' to be in the neighbourhood of the bar when weather was wore required, or provide a suitable substitute, or forfeit pay the time she was absent
It was sad to think that the poor follows were drowned because they did not remain on board the vessel until the pilot boat oonld take them safely off, as it had been arranged by Pilot Kendall and Captain O'Bryne to do, but left her fully dressed, without being provided with life-belts.
The fouling of the tugs propeller by the towtine caused, it was to be regretted, considerable delay in rescuing the men when they were seen to be in the water, bnt no unnecessary time appeared to have been lost in getting it clear, and in launching the pilot boat and going to their assistance. At the time, it must also be remembered, toeye was a heavy, oonfused sea, a strong wind blowing, and thick blinding rain — which naturally pampcrod the movements of those onboard the tug, and aooounted for toe ' distress' signal tied in the rigging not bring.
After an occurrence is over it is generally very easy to see what might probably ,' have been done to better advantage, in this case the unexpected happened, and from the evidence given
it seemed that toe best. was done that was possible, on toe spnr of the moment, both by Pilot Kendall and his crew, and Captain O'Beirne with toe tng. It was very satisfactory to know this. As it was toe duty of the jury to return toe verdict— not his (the Coroner's) — he asked them to do so ' without fear, .favour,- or affection.'. He complimented them upon the careful and intelligent manner in which they had helped to sift the evidence, so as to obtain the fullest particulars from the witnesses of all that took place on that memorable and lamentable ocoasion. The jury were then asked to find how, when, and where Bernhard Horling met his death, and were left to consider their verdict. After a brief consultation, they returned the following : — ' We find that Benihard Horliug met his death on Monday, the 23rd July, at Cape Hawke bar, by being accidentally drowned.'
The following rider was attached to the verdict : — 'The jury are of opinion that had life-belts been kept on lioard the vessel, the whole of toe crew would probably have been saved.' It will bo seen by our readers that toe verdict on this occasion was precisely the same as that returned on the previous Wednesday by an entirely different jnry, at the inquest on the body of John Glasson, with a similar rider added.
The Marine Court, consisting if their Honors Judge Backhouse and Judge Heydon, and Captains Mark Beach and J. B. Carpenter (assessors), held an inquiry yesterday into. the cause of the wreck of the schooner Empress of India,
a well-known trader to coastal ports, at Port Stephens, on July 24 last, when the captain (Peter Williams), the cook (John Gleeson), and an A.B. named Bernard Nowling, were drowned.
Particulars of the occurrence nave already appeared in the 'Evening News.' Amor Hicks Kendall, pilot at Port Stephens, said he remembered the Empress of India coming into Foster . on the morning of the 23rd of July last.
He noticed a signal from the schooner, and within ten minutes afterwards she got under way.
She took the bar at flood tide, the height of water then being 6ft 5in to 6ft 10in. She struck on the outer bar, about fifty yards to the north of the channel.
The weather was very heavy, the wind being strong E.S.E.
About twenty minutes after the schooner struck, the tug came down, and witness, getting on board, took charge of her.
A towline was conveyed to the Empress of India, and after about two hours, when the schooner was being brought towards the channel, the tugboat left her safely at anchor, and returned again in the afternoon.
The master and crew of the schooner then got into a boat, and were making for the shore, when the boat capsized, two of the men being picked up by witness and those assisting him.
When witness, went out towards the schooner in the tug-boat in the morning he could not get within forty yards of her.
He saw no signals from the schooner but the one in the morning. He could not say why the crew left the vessels in the ship's boat.
They did not signal that they wished to leave the schooner. Henry Biblett, mate of the Empress of India, said the schooner left Port Macquarie on Julv 20 with a full cargo of timber for Sydney.
When they got about half-way between Seal Rocks and Cape Hawke they met heavy wind and seas, and determined to run back to Cape Hawke, where they anchored on the morning of July 22.
On that day a leak was discovered, and pumping was continued all that night. At daybreak the following morning they signalled for the tug boat, and, after waiting about half an hour, the captain decided to sail on buoying the anchor with a lifebuoy.
They were then about three-quarters of a mile from the entrance to the port.
As they approached the bar, witness got his orders from the captain as to the course he was to take.
When they got in the vicinity of the bar witness was washed away from the wheel, which was smashed at the same time.
The vessel grounded almost immediately. The tugboat came along in the morning, took the schooner in tow, and continued towing for about an hour and a half, when she left, as the tide was falling. The tugboat returned in the afternoon, at about which time the crew of the Empress of India wanted to leave the vessel, as she was sinking. The pumps were no use, as the schooner was nearly half fuilof water, which was increasing fast.
One of the boats was then lowered, and all hands got into her. A distress signal had been hoisted about half an hour before the crew determined to leave the vessel, the tugboat then being engaged at tugging about that period. A few minutes before the vessel struck the bar witness asked one of the crew to go into the rigging to see if he could obesrve the leading marks.
The schooner had no distress signals on board other than the ensign. Witness wished to remain on the vessel until the lifeboat came. Carl Smith, an A.B. on board i-he schooner when the wreck took place, was called, but did not appear. John Hibberd, owner of the Empress of India, said that the late captain of the vessel had been in his employ about six months. He had given instructions to all his captains to obtain anything that was required for the vessels. He had no idea what life-saving implements were on the vessel at the time of the wreck. Pilot Kendall, recalled, said that he saw no distress signal during the afternoon hoisted on the Empress of India, as stated by the mate. The weather at the time was very thick.
The court found:
(1) That the Empress of India was lost on the Foster Bar through her becoming unmanageable, and going on shore, in consequence of her wheel having carried away;
(2) that an error of judgment bad been committed by the master in leaving the anchorage, where the vessel appeared to have been in safety;
(3) that the lives of the master and two of the crew were lost by the filling. of the boat in which they_had left the vessel after she struck;
(4) that an error of judgment had been committed by the master in leaving the vessel in the boat when he did; and
(5) that the vessel was not properly supplied with life-saving apparatus in accordance with the provisions of the Navigation Amendment Act of 1899.

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[Government Gazette ... 20th November 1903]
HIS Excellency the Governor, with the advice of the Executive Council, has been pleased to appoint the undermentioned Pilots, Department of Navigation, to be Inspectors under the 16th section of the Navigation Act
Amor Hicks Kendall ... Cape Hawke

The Pilot Station itself outlived its usefulness and, after no other useful unitization could be found for the structure it was demolished.
Upon his retirement Amor spent his time at his little cottage called "Smug Harbour". The cottage had been built by local tradesmen and nested in a protected corner adjoining the actual Pilot Reserve. The location of the cottage could be seen for miles around by two large trees within it's grounds. In those days the cottage afforded the only track to the beach at the lake's entrance. The gardens and fernery of the cottage were locally renowned.

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