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
Cross-examined by Mr. Purves: I was not discharged from the
Underwriters’ Association, but left their employment because I had
finished my agreement with them. I am now in business for myself. I
am a surveyor of shipping, and also teach navigation. I have the same
authority to survey ships as any other surveyor. I have not got up
this case. I made the model exhibited, and McKenzie the shipwright
finished it. I have spoken to Captain Mathieson on several occasions.
He did not carry a pilot on board. He was an exempt master and a
skilful sailor. From Melbourne to Bairnsdale and back, would be about
530 miles, and the _Alert_ would need about fifty tons of coal to
do the round. She would burn twenty tons in twenty-four hours, and
at the time she foundered, she would have burnt a good deal of her
supply of coal. A ton of water is about three feet by two feet in
size. There would be a ton and three quarters in a 400 gallon tank.
If both the alleyways were filled, they would hold about fifty tons
of water, and the ship would go under. At the time the _Alert_ was
built, the bunker tops on a good many vessels were fitted in the same
way as hers; but they are not allowed to be fitted in such a way
now. I surveyed the _Alert_. I did not pass her for insurance. She
was refused by the Underwriters. I will swear the Secretary informed
me that she was not to be insured until she was passed. She was not
passed by me. Glass ports are just as efficient to keep out the sea
as an iron casing, because they are properly secured inside. A window
like the _Alert’s_ could be made perfectly secure, but in her case it
was not. When I surveyed the ship I did not complain of the window. I
would not object to it because the ship was only trading to Geelong.
I know the S. S. _Excelsior_. She is not fit to go to sea. I would
not pass her.
HENRY WILLIAM BYRANT, examined by Mr. Smyth: I am a duly qualified
medical practitioner residing at Williamstown. I knew John Kennedy
Kilpatrick for four years. He never ailed in any way. I examined him
once or twice, and found him perfectly sound and a very strong man.
I would not make any statement as to how long he might have lived,
but he would live as long as any healthy man might live. His age was
twenty-eight to thirty.
[Illustration: Decoration]
KILPATRICK v. HUDDART, PARKER & CO., LTD
THIRD DAY, FEBRUARY 13, 1895.
_Evidence for the Plaintiff._—(_Continued._)
Public-domain text, read in full here on John Shaqi.
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