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
Matters remained in this state of suspension till March 3, 1897,
when the hearing of the case commenced. The following is an abridged
report, culled from the columns of the Melbourne _Age_ of March 4 and
6:—
LAWYERS AND JURORS—THE PONTING APPEAL CASE.
CONDUCT OF COUNSEL AND SOLICITOR
“HIGHLY INDISCREET AND IMPRUDENT.”
MAJORITY OF THE COURT FAVOUR A NEW TRIAL.
The Full Court, consisting of Mr. Justice Williams, Mr. Justice
Holroyd, and Mr. Justice A’Beckett, yesterday commenced the
hearing of an appeal by the plaintiff in the suit of Ponting _v._
Huddart, Parker & Co., Limited, against a decision by Judge Chomley
refusing to grant a new trial of the action. The first ground of
the appeal was that the jury, or some of them, did not act fairly
and impartially; but were biassed or influenced by reason of the
fact that they, or the majority of them, had had conversations with
defendants’ senior counsel, Mr. W. T. Coldham, and the defendants’
solicitor, Mr. Gordon R. Stewart, with reference to the action and
the matters in dispute therein. That three of the said jury were
for a period of at least fifteen minutes drinking and smoking with
defendants’ senior counsel and solicitor at the bar of Menzies’
Hotel, and conversing with them with reference to this action, such
interview having been made by arrangement and appointment. That a
written communication passed between one of the jury (McGregor)
and Mr. Coldham, and the contents thereof were discussed at the
Law Courts, and afterwards at Menzies’ Hotel, such communication
having reference to a point in connection with the action, as to
which McGregor had from the jury-box expressed himself as being
unfavourable to defendant. That the learned Judge exercised a wrong
discretion in refusing to grant a new trial on facts as detailed
and set forth in the several affidavits filed in support of and in
opposition to the summons. The other ground on which the appeal was
based was that certain documents were improperly admitted as evidence
at the trial.
Mr. Leon, instructed by Messrs. Ebsworth & Wilson, appeared for
the appellant plaintiff; and Mr. Box, Mr. Coldham, and Mr. Schutt,
instructed by Messrs. Malleson, England & Stewart, for the respondent
defendant. It will be remembered that in July last Ponting, the sole
survivor of the wreck of the _Alert_, brought an action against the
owners of the vessel, Messrs. Huddart, Parker & Co., Limited, to
recover damages for injuries sustained by him as the result of the
disaster. The case was tried before Judge Chomley and a jury of four,
and resulted in a verdict for defendants. On August 20 last plaintiff
applied for a new trial on grounds similar to those of the present
appeal, but his summons was dismissed with costs.
Public-domain text, read in full here on John Shaqi.
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