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._—In your previous evidence before the Marine Board you said, “The
second sea that came washed me overboard and I clung to the rail, and
the next sea took me on board again. The second sea washed me into
the saloon, and the water dashed in the cabin door. The steward drew
my attention to the water in the saloon.” What did you mean by that?
_A._—I never used those expressions. They are put down wrongly.
_Q._—The statement was read over to you, and you signed it. Why did
you not correct it? _A._—I certainly would have done so if I had
understood it when it was read over. I do not remember hearing it
read. It may have been read, but I could not follow it.
_Q._—Was the ship going ahead at the time she disappeared? _A._—No,
she was drifting in.
_Q._—Did not the smoke and flame rush out of the funnel before she
foundered? _A._—It rushed out when she was foundering.
Re-examined by Mr. C. A. Smyth: I have been suffering ever since the
wreck, and was confined to bed in the first instance for about three
months. When I was examined before the Marine Board was four or five
weeks after the wreck. I was not recovered at that time, and had to
take to my bed after that. I cannot say whether the statement I then
made was read to me before I signed it. Some of the passages are not
correct. My memory varies sometimes, but it is fairly good on the
whole subject. I was in the saloon when the lamps were smashed, and
there was no water in the place at that time. The lightness of the
ship and the show of getting her round were matters of conversation
amongst all of us.
HIS HONOUR MR. JUSTICE WILLIAMS: _Q._—Supposing all the doors of the
companion were shut, could the water get into the saloon in any way
except through the pantry window? _A._—That was the only way.
Re-cross-examined by Mr. Mitchell: _Q._—Are you able to say whether
water could get from the saloon to the engine room and back again?
_A._—There was a little round door over the shaft big enough for one
man to get through. It would lead to the stern of the ship. I could
not say whether it was open or shut.
_Q._—When you saw the water rising in the saloon, could you see the
condition of the lee companion doors? _A._—All three of us—chief
mate, steward, and myself—were standing in the port door at the time
we saw the water rising. It was not safe then to go into the saloon.
[Illustration: Steamship]
KILPATRICK v. HUDDART, PARKER & CO., LTD.
SECOND DAY, TUESDAY, FEBRUARY 12, 1895.
_Evidence for the Plaintiff._—(_Continued._)
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