MR. SMYTH to witness: This is what the court found. “In view of the vessel’s construction and the manner in which laden on her last voyage, having only about forty-four tons of cargo, the _Alert_, in the opinion of the court, had not sufficient stability.” _Q._—Will you now say that after you gave your evidence the Marine Court did not find she had insufficient stability? _A._—I don’t know what they meant, but that was their finding I believe. Their finding may have been due to the cargo; if it was not of the kind to add stability, the vessel would be still more unstable with cargo than without. For all I know the cargo may have been built too high, or been all on one side. I am not prepared to say that the cargo was the cause of making the vessel unstable on this occasion. The alterations to the engines made her more stable than before. Portions of the new machinery did come higher above the deck than before the alterations, three feet perhaps. The difference in weight between the old machinery and the new would be about six tons. An iron plate outside the window would have made it strong as the bulk-head. I do not think it was one of my duties to see about the pantry window. It was not considered dangerous. I knew it was there, and took it into consideration when the vessel was getting overhauled in February, 1893. The certificate I gave then was for the Bay trade. When giving the certificate to go outside, in November, 1893, I don’t think I did consider on that particular occasion whether the window was safe or not. From memory I fix its height above the main deck at two feet six inches. It was like the window in the _Excelsior._ I have not passed the _Excelsior_ as a sea-going vessel. She is a Bay trade boat, and will require a lot of alterations before I pass her for the sea. The _Alert_ was thoroughly overhauled in February, 1893, and in November of the same year I simply surveyed her for giving a certificate to go outside. _Q._—How long were you over this November survey? _A._—I don’t remember the time; I will say two hours. _Q._—Mr. Johnson signed the certificate with you. Was he with you at this survey? _A._—No, he was not, but I knew what he did. He examined the vessel concerning her steam. _Q._—He was there to make this examination and to give that certificate, but he was not with you? _A._—That is so; he was there at other times. _Q._—We have evidence that the water went down the gratings, and that in consequence the fires got low, and the men connected with the engines came up from below to put on their life-belts. Was that not on account of the water going down the stoke-hole? _A._—The water was going somewhere. The doors must have been left open. It did not go down the gratings that I know of. _Q._—Assuming that the water went down the gratings, would that be an element of danger. _A._—Yes, it would.