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
“It is to be observed also that the majority of the Court uttered
no _obiter dicta_ in their judgment. They read out no homily on the
evils of drink, as they might well have done in view of the numerous
young gentlemen just called to the bar, and who in the dearth of law
may easily fall into evil ways; and they carefully avoided asking for
such further and better particulars of the stimulants used by counsel
and jury as might have given a huge and cheap advertisement to some
particular brands. So far so good. Justice now takes breath. The
ill-fated _Alert_ is still lapped in the sounding depths. Ponting,
the plaintiff, has succeeded on his point; at the bar of Menzies the
glasses are still a-clink, and the P. and O. Steam Navigation Company
is building a new steamer of 12,000 tons to carry the papers in the
appeal case home to the Privy Council.
“On the same subject Mr. J. Arbuckle Reid—who was an eye-witness of
the entire transaction—gives his version thus:—
“‘Mister Hoteggs, in addressing the jury,
Lashed himself into a terrible fury;
Talked wildly concerning the funnel and mast,
Till Mac—from the jury-box—spoke out at last.
Cried he, “Your rubbish is getting much stronger,
And I cannot hold my tongue any longer;
I will sum up your speech, sir, just in a word:
It is utter _nonsense_. Your talk is _absurd_.”
Hoteggs looked glum, being quite taken aback.
Thought he, “I must go on a different tack;
This man is against me, that’s plain to be seen,
But I know how to manage _him_—he is green.”
Quick to act on the thought, Hoteggs _called_ out,
“At Menzies’ Hotel I am going to shout;
Mac, come on, bring your mates, and over a gill,
I will make each one convinced against his will.”
To Menzies’ they went, and, quite needless to say,
Hoteggs, after that, had it all his own way.’
“‘MORAL FOR BARRISTERS.
“‘If with a jury you have any bother,
Just shift the case from one bar to the other;
At the court bar your talk may do your side harm,
The pub. bar’s the place, with a dram and a yarn;
But be cautious and mind what you are about,
Otherwise “Be sure your sin will find you out.”’”[4]
Public-domain text, read in full here on John Shaqi.
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