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
When I wrote the word “Amen” on the last page of the second
edition of this book, I believed that my task had come to an end.
Fate, however, has decreed otherwise; and in view of surrounding
circumstances it is absolutely necessary that this (the third)
edition should be considerably enlarged. Moreover, to have kept
silent with regard to the after-transactions—which hinge on the
events already related—would have been, in my estimation, a sort of
moral cowardice, displaying a lack of duty to my readers, and also to
myself as a faithful chronicler. Having given the above brief remarks
by way of preliminary, I now proceed to relate the incidents in the
order in which they took place.
Mr. Robert Ponting sued Messrs. Huddart, Parker & Co., shipowners,
for £500 as damages for loss of health and property caused by, as
alleged, the sinking of the S.S. _Alert_ through unsea-worthiness;
and on July 26, 1896, law proceedings were commenced in the
County Court, Melbourne, before Judge Chomley and a jury of four.
Mr. J. Ebsworth, solicitor, conducted the case for the plaintiff,
and Messrs. Coldham and Schutt, barristers (instructed by Messrs.
Malleson, England & Stewart, solicitors), acted on behalf of the
defendants. The trial lasted four or five days, and the evidence on
both sides was almost a repetition of that given in the two previous
trials of “Kilpatrick _v._ Huddart, Parker & Co.” At the close of the
case on Monday, August 3, the jury brought in a verdict in favour
of defendants, and accordingly judgment (with costs) was entered
against Ponting. In all probability the case would have ended here
but for a singular circumstance which ultimately completely altered
the position of affairs. It came about thus: I (the present writer)
took a good deal of interest in the case and attended the court
daily. During the address of Mr. Coldham to the jury—on the Friday
prior to the conclusion of the trial—I heard one of the jurymen
(McGregor) call out to Mr. Coldham these words, “Your argument is
absurd.” I know not whether the judge heard the remark. I only know
that he did not rebuke the juryman. After adjourning the case till
the ensuing Monday the Court rose, and as I passed out of one of the
Little Bourke Street entrances I heard Mr. Coldham remark to Mr.
Stewart, as they left the doorway, “I promised to meet him (or them)
at Menzies’.” No attention was paid by me to what I deemed a casual
remark until a few minutes afterwards, when an acquaintance said to
me, “If you want to see Huddart Parker’s barrister and solicitor
talking to the jury, just go into the bar of Menzies’ Hotel.”
Public-domain text, read in full here on John Shaqi.
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