Cross-examined by Mr. Smyth: I have had a vessel pretty well over with her yard arms in the water. She came up again by throwing cargo overboard. There is nothing extraordinary in a vessel rolling over 45 degrees. There is nothing to prevent a ship from righting herself if she is sea-worthy. I have not the faintest idea what prevented the _Alert_ from righting herself. I don’t think thirty or forty tons of water on board of her ought to affect her although she was low aft. Perhaps the pantry window would have been better if made in some other way than with glass; but I consider it of no importance. Anybody could have stopped it splendidly with a cushion. If there was a lot of water in the stoke-hole as well as the saloon, she might founder. I do not believe that water came through the grating. In sending a ship to sea extreme contingencies should be provided against. An open grating was not unsafe, but still it would be better covered. I am a contractor for painting ships for Huddart, Parker, and others. In reply to His Honour the witness said: Cutting a small window would not weaken the bulk-head. I think it most likely I would have had an outside shutter to protect the window. [Illustration: Decoration] [Illustration: Decoration] KILPATRICK v. HUDDART, PARKER & CO., LTD. SIXTH DAY, TUESDAY, FEBRUARY 19, 1895. _ Evidence for the Defendants.—(Continued.)_ HUGH BELL MCMEIKAN, examined by Mr. Mitchell, stated: I am master of the tug boat _Albatross_. I have had experience at sea since 1850. I have been Master of all sorts of vessels. I knew the _Alert_, and have been on board of her often. So far as I saw she was all right. I saw her outside the Heads after she went into the Gippsland trade. She always behaved well so far as I saw. I have seen the pantry window often; it would not make the vessel unsea-worthy. HIS HONOUR: We have heard that when this vessel got within two miles of the Schanck, she made an offing of about six miles. Supposing you had been on board of her then with a strong sea running from the S. E., and wind from the S. W., would you, before putting the ship away on her course to the Heads, have taken any precautions with regard to the window? _A._—No, I don’t think I would. It had been there long before, and had not been found fault with. If I had been in command of that ship, I would have given orders to the officers to see that everything was snug. I never heard in my life of a bunker lid coming off by the rolling of a vessel. I don’t see that the wooden awning or the forty-four tons of cargo had anything to do with the vessel’s sea-worthiness. She was sea-worthy enough to come up from Gippsland to where she did.