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
[Illustration: Decoration]
The Division of the Spoil.
“I am sure, if you go to law, you do not consider the appeals,
degrees of jurisdiction, the intricate proceedings, the knaveries,
the cravings of so many ravenous animals that will prey upon
you, villainous harpies, promoters, tipstaves, and the like,
none of which but will puff away the clearest right in the world
for a bribe. On the other side, the proctor will side with your
adversary, and sell your cause for ready money; your advocate shall
be gained the same way, and shall not be found when your cause is
to be heard. Law is a torment of all torments.”—_Otway._
It should be mentioned that, although Mrs. Kilpatrick obtained
verdicts in both trials (the first jury awarding her £600, and the
second one awarding her £791, with costs in each case), still the
money was not paid over. The necessary financial security was lodged
by Messrs. Huddart, Parker & Co. in the Supreme Court, Melbourne, and
steps taken to have the matter sent to England for decision there by
the Privy Council. The hotel bar business, however, had meanwhile
given a new turn to the legal kaleidoscope, and the defendants’
lawyers were placed in a pretty awkward position; for they had to
face the expenses and risk of a new trial, or compromise the matter
in some way. They wisely, no doubt, chose the latter course; and
through a neutral friend of theirs I was communicated with, and
requested to interview Mrs. Kilpatrick and Mr. Ponting for the
purpose of ascertaining how much—or rather, how little—money they
would take to settle matters, and stop all law proceedings. Why I was
sent for I know not, seeing that I was opposed from the outset to
law proceedings on the part of Mrs. Kilpatrick and Mr. Ponting too!
Suffice it here to say that I did interview them both, and paved the
way for the final settlement, which took place on May 20, 1897. Where
the money came from is hard to say, but it is generally believed that
Messrs. Huddart, Parker & Co. paid in the case of Mrs. Kilpatrick,
and their lawyers paid in the case of Mr. Ponting. In dividing the
“spoil,” the winning lawyers must have had a merry scramble, for they
carried off more than two-thirds of the whole! The poet, Pope, was
not very far wrong when he said, or wrote:—
“There, take, says Justice, take ye each a shell;
We thrive at Westminster on fools like you:
’Twas a fat oyster—live in peace—adieu!”
A little light is thrown on the subject by the following extract from
the columns of the Melbourne _Herald_ of June 1, 1897:—
THE “_ALERT_” LITIGATION.
ABOUT THE SETTLEMENT. THE COST OF LAW.
THE PLAINTIFF’S EXPLANATIONS.
Public-domain text, read in full here on John Shaqi.
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