Cross-examined by Mr. Smyth: _Q._—Supposing that when the _Alert_ got her offing of six miles without taking any water on board, except spray—which you say was a sign of her being sea-worthy, and that there is no apprehension of danger of any kind on board—was there anything to prevent her then making a course for the Heads, remembering that she was a steamship with a competent master? _A._—I consider that the sea I experienced—Mr. Smyth: I am not speaking of the sea you experienced. You were off Cape Otway, about sixty miles westward of the Heads, while the _Alert_ was off Cape Schanck, twenty miles eastward of the Heads. You say the sea had increased so much that you would not risk a pilot. _Q._—Assuming that there was no danger, and the evidence here is that there was no apprehension of danger at that time when she got her offing, and being as you say a sea-worthy vessel, with, as we know, a skilful captain, was there any reason why the course should not be altered to the Heads? _A._—I cannot answer anything on assumption. I want facts. _Q._—I have given you the facts. Was there anything to prevent the ship going for the Heads? _A._—It is fair to assume that there must have been a big sea running. _Q._—It is fair to assume that you are endeavouring to play with me instead of giving me an answer. How many years’ experience have you had at sea? _A._—Twenty-five years in command. MR. SMYTH: I will state the case once more. We have evidence that at the time I speak of there was a south-easterly sea and wind. Sometimes it is blowing a light gale, at others a strong breeze. She makes her offing, taking no water in. She is as you say sea-worthy. In that state of things the wind veers round to the south-west. Whatever the state of the sea, the captain has no apprehension of danger. What was to prevent him altering her course? _A._—The condition of the sea. _Q._—What was the condition of the sea? _A._—A heavy sea running from the south-east. I assume that. _Q._—Is that assumption of yours based on what you ascertained? _A._—No, on what you have just told me. _Q._—What would you have done under the circumstances? _A._—I would have kept her out to sea the whole time. _Q._—Do you mean to say that the sea was so bad that pilots did not go on board of other ships that evening you were off Cape Otway. _A._—I believe they did go on board other vessels. _Q._—As a fact you know that the pilots did go on board other boats? _A._—Yes; I know they went on board the French mail boat. _Q._—And if you had gone on, they would have boarded you? _A._—Yes; but I did not care to take a pilot on and send him back in a small boat. HIS HONOUR: _Q._—Did you know anything about the steamer _Alert_? _A._—Nothing personally, except that I observed the sea, and it was so high that we could not see the pilot schooner within fifty yards of us.