[At this stage it was arranged that on account of the great heat of the weather the court would adjourn until Monday 18th instant.] [Illustration: Decoration] KILPATRICK v. HUDDART, PARKER & CO., LTD. FIFTH DAY, MONDAY, FEBRUARY 18, 1895. _Evidence for the Defendants._—(_Continued._) WILLIAM FRANCIS DEARY, examined by Mr. Purves, stated: I am inspector of shipping, and nautical surveyor to the Victorian Marine Board; also shipwright surveyor. I thoroughly understand the nature of a shipwright surveyor’s work. I went to sea in 1872, and I have had experience since that time in shipping. Apart from my official standing, I am a master mariner, and I have had the command of ships since 1883, until I took up my present position about five years ago. I knew the steamship _Alert_ for ten or twelve years. In my official capacity I have known her nearly five years. During that time I had opportunities of surveying her, and I have surveyed her critically. I remember a change in her equipment being made when she went to take up the running of the S. S. _Despatch_ in the Gippsland Lakes’ trade. Generally the changes made were in the nature of life buoys and life boats. I know her machinery was altered. Subsequently to those alterations I surveyed her on November 11, 1893, and gave a declaration upon which a certificate was issued. (Shipwright surveyor’s declaration concerning S. S. _Alert_, and dated November 4, 1893, was here handed in and marked as an exhibit.) I carefully examined the _Alert_ on the date specified in my declaration, and in all respects the requirements of the Act were fulfilled. Having regard to the projected voyage, namely within the limits of the home trade, all apertures, and skylights, and places of that kind which would require protection were sufficiently protected. In my opinion the _Alert_ was one of the most sea-worthy ships afloat. I knew her lines, her tonnage, and her dimensions. I knew Captain Mathieson, and always considered him a competent navigator. The vessel had a good crew. There was nothing omitted in the case of the _Alert_ which was done in the case of any other steamers licensed by me. [Illustration: THE PANTRY WINDOW.]