Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
History
Battling with waves and lawyers : $b a genuine history of perils of the deep and an authentic record of the most important shipping case ever dealt with in the supreme courts of Australasia
Alert (Ship : 1877-1893); Liability for marine accidents; Navigation -- Australia -- History; Shipwrecks -- Australia -- Victoria
MR. PURVES, the learned Q. C., in his address on behalf of the
defendants, stated that “Ponting was not the only man who saw the
_Alert_ founder. There was another eye-witness whom he (Mr. Purves)
would produce to tell the court that he saw the ship overwhelmed with
three tremendous seas.” It is almost needless to say that Mr. Purves
did _not_ produce this other “eye-witness.” If there was, or is,
really another man besides Ponting who saw the _Alert_ go down, why
in the name of humanity did he not report the occurrence at the time?
Had he done so a number of valuable lives might have been saved,
or at least steps might have been taken in the direction of making
efforts to save them. The very first intimation, or knowledge, of the
wreck of the _Alert_ was received from the lips of Ponting, the sole
survivor, as he lay on Sorrento Beach, the day _after_ the ship had
gone down, and if any human being on the shore witnessed the accident
without drawing public attention to it at the time, I think he, or
she, richly deserves to be indicted for manslaughter! True it is that
Pilot Mitchell, in his evidence, stated that he “remembered the day
the _Alert_ foundered, December 28, 1893, and that the occurrence
was reported to him on that date;” but nevertheless I would rather
believe that the shorthand writer made a mistake—or the witness
himself made a slip of the tongue—than that he (Pilot Mitchell)
really meant what he is credited with saying.
A good deal of stress was laid by Mr. Purves on the fact that the
_Alert_ was insured, this in itself being, as he said, “a proof of
sea-worthiness.” I, however,—who ought to know at least quite as much
about ships as Mr. Purves—contend that the fact of a vessel being
insured is no more proof of sea-worthiness than the fact of one being
uninsured would be proof of her unsea-worthiness. Indeed, many of
the finest ships afloat are not insured at all, while some of the
worst “coffin” ships that ever left a port are insured “up to the
mast-head,” so to speak! This position of affairs need not cause the
slightest wonder, for insuring a ship is not like insuring a man.
The latter must die, and it is only a question of time when the
insurance company must pay over the money. On the other hand, there
is no “must” concerning the fate of a ship. The chances are great
that she will be lost, but they are quite as great that she will
_never_ be lost. Thousands of ships on which insurance premiums have
been paid for years live to be old hulks, and finally get broken up
without any responsibility on the part of insurance companies, and
thousands of ships go to the bottom, some of them sent there by force
of circumstances, and others by man’s cupidity, or stupidity!
Public-domain text, read in full here on John Shaqi.
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