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
Furthermore, the Chief Justice said, “I think the man would be a
wicked one who, knowing the unsea-worthy condition of a vessel,
did not report it to the proper authorities.” Now, while all
right-minded people will heartily agree regarding the healthy
sentiment contained in the foregoing sentence, nevertheless it
is well known that a good deal depends upon circumstances. There
are positions wherein men can report defects in anything, and get
praise—as they should—for so doing, and there are also positions
wherein men, on shore, if they drew attention to defects, would be
instantly “sacked” from their employment, and, if on board ship,
would in all probability be sent to jail as wicked designing men! I
will try to give an instance in point: About three weeks after the
jury brought in a verdict in favour of Mrs. Kilpatrick, I interviewed
a seaman on board of a steamer then lying in the Yarra at the
Australian wharf. He made a statement which I took down in writing,
and after reading same over to him, he, in my presence, declared it
was true in every particular. Here it is, “I solemnly and sincerely
declare that my name is ——.[2] I am an able seaman, and came out to
Melbourne as such in the barque _Alert_. She was a long, narrow,
and shallow vessel, built for a river steamer, but we brought her
out under sail only. Her machinery was in position but her funnels
were not; they were stowed below. In the first instance she sailed
for Melbourne from Greenock, and after being a week at sea the crew
refused to go any further in her. They all went aft and desired
the captain to put the ship into the nearest port. Accordingly the
_Alert_ was taken in to St. Tudwell Roads, Cardigan Bay, Wales, where
the crew were taken ashore, tried for refusing duty, and sent to
jail for six weeks. At the earnest request of the men a surveyor was
sent to examine the ship. He stated that the men had a just cause
of complaint, and he pronounced the _Alert_ to be unsea-worthy. The
magistrates, on learning this, at once made an order releasing the
men from confinement. A new crew was shipped, of whom I was one; but,
owing to the name the vessel had got, and the extra risk to run,
we demanded, and got, £3 15s. per month, the then highest wages out
of the port for coasters. During a period of three weeks, fifteen
attempts were made to get the _Alert_ out of the Bay, and fifteen
times she had to go back to her anchorage. The reason we could not
get outside was because the wind was not fair and the ship would not
stay. There was no room to wear her round, so there was nothing for
it but go back. At last a slant was got, and we sailed for Melbourne.
Prior to leaving St. Tudwell Roads the authorities on shore told
us that although we had signed articles we need not go in the ship
unless we liked, and Captain Webb, to encourage us, said he was
going out himself as a passenger in her to Melbourne. At the last
moment he changed his mind and did not come with us. Captain Munn
Public-domain text, read in full here on John Shaqi.
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