“We find that when the _Alert_ left Metung, she was properly equipped in every respect, and apart from the manner in which she was laden, was in a good and sea-worthy condition. She was a suitable vessel, having regard to her build, for the trade in which she was engaged, as it was shown in evidence that she was classed for any trade. In view of the vessel’s construction and the manner in which laden on her last voyage—having on board only about forty four tons of cargo—the _Alert_ in the opinion of the Court, had not sufficient stability, and in view of the weather experienced, she had too much freeboard for the voyage she was on. Considering the trim of the vessel and the state of the weather, it would have been more prudent had the _Alert_ run into Western Port for shelter. In the opinion of the Court, the Master should have kept her head to sea when the vessel first commenced to take in lee water. There was not any neglect on the part of the lighthouse keeper at Cape Schanck, and existing regulations appear to have been carefully observed. The crew of the life-boat at Queenscliff appears to have been properly directed, and, in the opinion of the court, they did all that could have been done, having in view all the existing circumstances. A proper look-out was kept on board the pilot schooner on the cruising station. The reason the boats on the _Alert_ were not made use of would appear to be attributable to the fact that when the vessel heeled over, the forward boat could not be got at, and the after life-boat was washed away about the moment when the vessel foundered, and there is no evidence to show what became of it. There was a sufficient supply of proper life belts on board, and they were easily available. There is no evidence before the Court to show that the late Master, Alexander Mathieson, did not use every precaution in handling the vessel. There is no evidence to justify the Court in expressing an opinion as to the immediate cause of the foundering of the steamship _Alert_.”