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 — John Shaqi
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
_Q._—How do you know when the vessel foundered? _A._—When I got
back to the ship, after being washed overboard the first time, I
found on examining my pockets that the water had stopped my watch at
five minutes past four, and I estimate that she sank about twenty
minutes after that. (At counsel’s request the witness here handed
the watch over, and its rusty works—together with the time its dial
indicated—were evidently examined with much interest.)
_Q._—Up to the time you were two miles east of the Schanck, did the
vessel ship any water. _A._—Only spray. There was no heavy sea. The
wind kept increasing as we went along. It was a fresh, but not a
heavy gale.
_Q._—If I call a witness who said it was a heavy gale, and that
it was blowing a gale before you got to Cape Schanck, you will
contradict him? _A._—Yes.
_Q._—The ship never was in any danger until her course was changed to
the Heads? _A._—None whatever.
_Q._—Did the danger not commence when within two miles of the Schanck
at the time the course was altered so as to head out seaward?
_A._—No; it was no danger that we would be frightened of.
_Q._—Did the ship have the trysail on her when shaping for the Heads?
_A._—Yes.
_Q._—Did she have it on her when the captain tried to bring her head
to the wind? _A._—No, they took it in.
_Q._—Up to about a quarter of an hour after her course was shaped to
the Heads, you never apprehended any danger? _A._—I can’t swear to a
few minutes.
_Q._—Had you ever faced such weather as this before? _A._—Not in the
_Alert_.
_Q._—Had you in any ship? _A._—Yes, in the _Despatch_ on the coast.
_Q._—That is the only ship you saw such heavy weather in? _A._—I have
been in dozens. I have been in the _Despatch_ in far heavier weather.
_Q._—Up to the time the ship was headed out to sea, was there any
water in the saloon at all? _A._—No, not a drop.
_Q._—Do you say that the water that went in at the pantry window
caused the ship to founder? _A._—I say it helped to founder her.
_Q._—Directly she was put on her course, she came on her beam ends
and never righted herself. Was it not the shifting of her course that
caused her to founder? _A._—Not that I am aware of.
_Q._—When she foundered, you were in the sea looking on? _A._—Yes.
_Q._—Does that picture correctly represent the sinking of the
_Alert_? (Picture showing the vessel in the act of going down handed
to witness.) _A._—I don’t say correctly. It is something fair.
_Q._—Do you call that a moderate gale which is depicted there? _A._—I
did not make that picture. I told them the ship went down stern
first, and they drew it themselves.
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