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
On last Saturday week we announced that the actions arising out of
the loss of the steamer _Alert_, near Cape Schanck, some years ago,
had at length been settled. The plaintiffs were Mr. Robert Ponting,
sole survivor of the wreck, and Mrs. Kilpatrick, widow of one of the
engineers. The terms of the settlement were stated to be the payment
of sums of £400 to Mrs. Kilpatrick, and £135 to Mr. Ponting, “clear
of all legal expenses.” We now find that, though this statement was
technically correct, it did not correctly set out the exact result to
the plaintiffs. Mr. Ponting writes to us as follows:—
“Sir,—In your issue of last Saturday (May 22nd) there appears a
statement setting forth that, when the settlement of the above
cases took place, Mrs. Kilpatrick received £400 and Mr. R. Ponting
£135, clear of legal expenses.’ This is not correct, and I hope you
will kindly grant me space enough to put the real facts of the case
before the public. During the process of my law case I paid over to
my solicitor and others the sum of £75. This amount, deducted from
£135, leaves me with a balance of £60, out of which I am called upon
to pay various sums to witnesses left unpaid by the lawyers. With
regard to Mrs. Kilpatrick—who, I believe, paid in to her solicitors
upwards of £200—she is left with the balance of less than £200, and,
like myself, is called upon to pay various witnesses out of it.
When we were asked our terms of settlement, Mrs. Kilpatrick and I
agreed—and signed documents to that effect—that we would accept £400
and £135 respectively, clear of all legal expenses. Summed up, the
whole affair stands thus:—Defendants’ solicitors paid over to ours
£1335. This, added to the sum £275, paid in by us (Mrs. Kilpatrick
and myself), makes up a total of £1610. Out of the latter amount
£535 were paid back to us, and the balance, £1075, went amongst the
lawyers. I am not grumbling at the distribution. On the contrary, I
feel grateful for the assistance rendered to me. At the same time I
think it only fair that, in the eyes of the public, I should not be
credited with more money than I really got.
“I am, etc.,
“ROBERT PONTING.
“BARRY STREET, CARLTON,
“_May 29th, 1897._”
Public-domain text, read in full here on John Shaqi.
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