_Q._—We are told by witnesses that her freeboard aft was only about two feet? _A._—That is wrong. She had double that. She never had less than four feet aft from the water’s edge to the deck. She used to draw ten feet six inches aft, and her depth of hold was nine feet six inches. _Q._—Then how could she get the freeboard? _A._—Because she had a long heel aft. _Q._—Did you say to-day that it was according to the weather, and that in bad weather the _Alert_ would not behave very grand? _A._—I don’t remember saying that, but if I did, it would be true of her, or any other ship. _Q._—When you were in the _Alert_, did she ever take water down into the engine room or stoke-hole? _A._—It might be a few drops, or a bucketful, down through the gratings, or the doors. CHARLES WILLIAM MCLEAN was recalled to explain that although there was a clause in the _Alert’s_ river and Bay certificate that she was not fit to ply outside the river and Bay, as defined by the Act, it did not mean that the vessel was unfit to go outside the Heads. HIS HONOUR: That is a question for argument. MR. SMYTH: I shall argue that the vessel was certified as unfit to go outside the Heads. MR. PURVES: That is an absurd argument, because there was a subsequent declaration that she was fit to go outside. HIS HONOUR: I think it is a question of construction. If the vessel was going to trade in the river and Bay, she got a certificate to that effect. If she were going to trade outside the Heads, she must have a certificate for outside. The one is not inconsistent with the other. That is the view I hold at present. CARL GUSTAFSON, examined by Mr. Purves, stated: I am a Russian Finn and an A.B. seaman in the employ of Huddart, Parker and Co. I am now forty-eight years of age, and have been at sea since I was nine years old. I was seaman on board the _Alert_ for four years, and was in her after she was altered and went to sea. I was not in her outside the Heads. My experience of her was in the Bay. In heavy weather I have seen the decks flooded, but never knew of any water going below, either through gratings or pantry window. From what I knew of the _Alert_, I would go anywhere in her. I thought her a good strong boat. Cross-examined by Mr. Box: I remember the _Alert_ in the Bay taking a very large quantity of water on board. The engines had to be slowed down because the seas came over. I can’t remember if the fires were nearly put out on that occasion. She was not in very much trouble. The pantry window was a round glass in a wooden frame. It had a wooden slide in front outside that covered it right over. I am in the _Excelsior_ now, but I an not mixing up her pantry window with the _Alert’s_. I never noticed how it was fastened inside. When I left the _Alert_, two years ago, I have been in the _Excelsior_ ever since.