was in command, and the _Alert_ carried eight hands all told. She was very crank, or tender, and every night at sundown, fine or foul, the top-gallant sails were taken in and stowed. At no time during the passage out would the vessel stay. When we wanted to put her on the other tack we had always to wear her round. She was loaded with ballast and trimmed on a fairly even keel. The decks were never dry except during calms. Frequently a lot of water got into the saloon, and was got out by all hands bailing with buckets. In one breeze we had she shipped a sea which smashed in the skylight and carried away the wheel and binnacle. We were about five months coming out, and ran short of provisions on the way. I do not remember a window in front of the poop. If there was one it must have been covered over, for I never saw it or heard of it at any time. We never expected to reach Melbourne in her. She was a dangerous vessel, and not fit, in a breeze with a seaway, to either stay, wear, or run. I would not ship in her again under any circumstances. When in Queensland I read in the newspapers some account of the trial, and was sorry that I was not in Melbourne to give evidence as to what I knew of the _Alert_. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury.” (Signed) Declared at Melbourne this 19th day of March, 1895, before me, J. A. Reid, J.P. The following comments on the decision of the Full Court appeared in the Sydney _Bulletin_, published June 1, 1895:—